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THJ2 


AMERICAN 


ANNUAL   REGISTER; 


FOR  THE  YEARS  1827-8-9. 


OH, 


THE  FIFTY-SECOND  AND  FIFTY-THIRD  YEARS  OF  ABIERICAN1 
INDEPENDENCE: 


JTEW-YORK: 

PUBLISHED  BY  E.  &  G.  W.  BLUNT. 

1830. 


Southern  District  of  Jfea-  1'crk,  u- 

BE  IT  REMEMBERED,  That  on  the  twentieth  day  of  April,  A.  D.  1830,  in  the  fifty -fourth  year  of 

the  Independence  of  the  United  Slates  of  America,  E.  &  G.  W.  Blunt,  of  the  said  district 
[Zi.  8.1      •    v,f  deP081t«d,ln  **•  office  the  title  of  aBook,  the  right  whereof  they  claim  as  proprietor.' 
in  the  worda  following,  to  wit : 

A^The  American  Annual  Register;  for  the  years  1827-8-9,  or,  the  fifty-second  and  fifty-third  years  of 

In  conformity  to  the  Act  of  Congress  of  the  United  States,  entitled,  »  An  Act  for  the  encouragement 
of  Learning,  by  securing  the  copies  of  Maps,  Charts,  and  Books,  to  the  authors  and  proprietors  of  su 
copies,  during  the  time  therein  mentioned."  And  also  to  an  Act,  entitled  "  An  Act,  supplementary  t<« 
au  Act,  entitled  An  Act  for  the  encouragement  of  learning,  by  securing  the  copies  of  Maps;  Charts  and 
«ook«,  to  the  authors  and  proprietors  of  such  copies,  during  the  times  therein  mentioned,  and  extcndin- 
me  benefits  thereof  to  the  arts  of  designing,  engraving,  and  etching  historical  and  other  Prints  " 

FRED.  J.  BETTS, 
Clerk  of  the  Southern  District  of  New- York. 


D 

3L 

A5 


PREFACE. 


THE  period  of  history  embraced  in  the  present  volume  of  the 
American  Annual  Register,  comprehends  nearly  two  years.  This 
departure  from  the  original  plan,  although  partly  caused  by  con- 
siderations only  interesting  to  its  conductor,  was  in  some  measure 
justified  by  the  peculiar  character  of  the  events  which  transpired 
during  that  time.  The  proceedings  of  the  first  session  of  the  20th 
congress,  and  most  of  the  domestic  affairs  of  this  country,  had  a 
direct  reference  to  the  presidential  election,  which  took  place 
shortly  after  the  close  of  the  period  originally  intended  to  be  em- 
braced in  this  volume,  and  the  second  session  gave  rise  to  nothing 
of  general  interest,  but  was  confined  to  the  consideration  of  such 
laws  only,  as  were  absolutely  necessary  for  the  support  of  the 
government  There  seemed,  therefore,  to  be  a  peculiar  fitness 
in  including  the  proceedings  of  both  sessions  in  one  volume. 
The  war  between  Russia  and  Turkey,  although  originating  in 
causes,  which  must  be  sought  in  the  early  history  of  Europe,  and 
productive  of  consequences  which  the  most  powerful  imagination 
can  but  faintly  shadow  forth,  also  commenced  and  terminated 
within  the  same  years. 

The  character  of  the  principal  events  transpiring  in  other 
European  kingdoms,  and  the  infant  republics  on  this  continent, 
gave  additional  force  to  the  consideration,  and  finally  led  to 
the  determination,  to  so  far  modify  the  plan,  as  to  include  the 


i\  PREFACE. 

history  of  the  two  years  in  one  volume,  and  to  devote  a  separate 
volume  to  the  public  documents,  law  proceedings,  and  biographies, 

The  same  matter  will  be  found  in  the  two  volumes  as  was  at 
first  contemplated,  but  it  will  be  differently  arranged,  with  the 
view  of  preventing  an  interruption  in  the  narration  of  events, 
which  form  one  consistent  and  complete  history. 

In  this  volume,  the  public  is  presented  with  the  historical  por- 
tion ;  and  in  the  second  part  which  is  to  be  published  in  the  ensuing 
summer,  will  be  comprehended  the  illustrating  public  documents, 
the  law  trials  and  the  biographies. 

Among  the  biographies  will  be  those  of  John  Jay,  De  Witt 
Clinton,  Thomas  A.  Emmet,  William  Tilghman,  Richard  Stock- 
ton, John  Eager  Howard,  and  John  Tayler  Oilman,  prepared 
from  copious  and  authentic  materials. 


CONTENTS. 


V&gc 

CHAPTER  I. 

State  of  parties.  Principles  of  administration.  Of  opposition.  Political  aspect  of  country. 
Elections  in  1827.  Twentieth  congress.  Eighth  of  January.  Execution  of  militia  men. 
Retrenchment  committee.  Report  of  majority.  Of  minority.  Reform.  Party  violence. 
Defeat  of  administration.  Retirement  of  Mr.  Adams.  Character  of  administration.  9 

CHAPTER  H. 

Tariff.  General  view  of  the  subject.  Former  impost  bills.  Harrisburg  convention.  Con- 
gressional proceedings.  Resolutions  to  examine  witnesses.  Bill  reported.  Proceedings  in 
house.  In  senate.  Passage  of  bill.  Excitement  at  the  south.  Acquiescence  in  the  Law.  35 

CHAPTER  HI. 

Relations  between  Indians  and  colonial  governments — scheme  adopted  for  their  improvement. 
Cherokees.  Chickasaws.  Choctaws.  Creeks.  Northwestern  tribes — plan  for  their  re- 
moval. 69 

CHAPTER  IV. 

Opening  of  the  twentieth  congress.  Message  of  president.  Business  of  congress.  Duties  on 
wines.  On  salt.  Process  in  United  States  Courts.  Proceedings  in  senate  In  house. 
Powers  of  vice  president.  Adjournment.  85 

CHAPTER  V. 

Opening  of  second  session  of  congress.  Message  of  president.  Bill  relative  to  drawback.  Draw- 
back on  sugar.  Tonnage  duty.  Instructions  to  Panama  mission.  Termination  of  congress.  101 

CHAPTER  VI. 

Treasury  report  for  1827.  State  of  Finances.  Report  of  finance  committee.  Expenses  of 
congress.  Pensions.  Appropriations  for  1828.  Expenses  of  government.  Naval  service. 
Discussion  on  bill.  Hospital  fund.  Slave  trade.  Fortifications.  Light-houses,  &c.  Inter- 
nal improvement.  Discussion  on  do.  Military  service.  Indian  department.  Public  build- 
ings. Treasury  report  for  1828.  State  of  finances  Appropriations  for  1829.  Congress. 
Executive  government.  Pensions.  Naval  service.  Fortifications.  Light-houses,  &c.  In- 
ternal improvement.  Military  service.  Indian  department.  Public  buildings.  117 

CHAPTER  VII. 

Ur«at  Britain.  Lord  Goderich  resigns.  New  cabinet.  Lord  Wellington  premier.  Finances. 
Mr.  Huskisson  resigns.  Causes  of  resignation.  New  corn  bill.  Law  for  relief  of  dissenters. 
Sir  F.  Burdett's  motion  on  Catholic  question.  Mr.  O'Connell  elected.  Catholic  association. 
Opening  of  parliament  in  1829.  Catholic  question  settled.  Duel  between  Premier  and  Lord 
Winchelsea.  Silk  trade.  Discussion  relative  to  American  tariff.  Correspondence  between 
American  and  British  governments.  Commercial  policy  of  Great  Britain.  Order  in  council 
relative  to  colonial  trade.  British  navigation.  Treaty  with  Brazil.  Boundary  between 
United  States  and  Canada.  Affairs  of  Portugal.  War  between  Russia  and  Turkey.  Cana- 
dian affairs.  Debate  on  Fortifications  in  Canada.  British  West  Indies.  East  India  Com- 
pany. 153 

CHAPTER  VIII. 

France.  Creation  of  new  peers.  New  ministry.  Opening  of  chambers.  Parties  in  the  cham- 
bers. Choice  of  President.  Discussions  on  king's  speech.  On  post  office.  Electoral  and 
jury  lists.  Foreign  relations.  Freedom  of  the  press.  Charges  against  the  late  cabinet.  Pub- 
lic instruction.  Clerical  education  in  France.  Budgets.  Account  of  the  session.  Recall  of 
troops  from  Spain.  Expedition  to  Morea.  Situation  of  ministry.  233 

CHAPTER  IX. 

Session  of  1829.  Project  of  laws,  for  the  administration  of  the  departments  and  communes. 
Endowment  of  the  chamber  of  peers.  Commissions  on  commerce,  public  roads,  and  canals. 
Foreign  relations.  Relations  with  the  United  States.  Close  of  the  session  Dissolution  of 
the  ministry.  New  administration.  Elevation  of  Polignac  to  the  Presidency  of  the  council, 
andresi?nationofLaBourdomiaye.  Jesuits.  Political  state  of  France.  243 


vi  CONTENTS. 

<  Page 

CHAPTER  X. 

Russia-  Christianity  contrasted  wiUi  Islamism.  British  empire  in  India.  Holy  Alliance. 
Russian  and  Ottoman  empires.  Peter  the  Great.  Catharine.  Alexander.  Peace  of  *'ari.-= 
Sultan  Mahmoud.  Alexander  Ypsilanti.  Insurrection  of  Greece.  Death  of  Alexander.  Ac- 
cession of  the  emperor  Nicholas.  Insurrection  in  the  army.  Fenian  invasion.  Campaign 
of  1827-8.  Conclusion  of  peace.  Treaty  of  Turkmantchai. 

CHAPTER  XI. 

RUSSIA  AKB  TURKBT— NEGOTIATIONS.— Conferences  at  Ackerman.  Mediation  for  Greece. 
Treaty  of  London  of  6th  July,  1827.  Treaty  of  Ackerman.  Battle  of  Navarino.  Conduct 
and  policy  of  the  Sultan.  Manifesto  of  Russia  declaring  war.  Conduct  of  the  British  cabinet. 
Manifesto  of  the  Sublime  Porte.  The  two  manifestoes  compared. 

CHAPTER  XII. 

Natural  defences  of  Constantinople.  Passage  of  the  Pruth  by  the  Russian  army.  Occupation 
of"  Moldavia  and  Wallachia.  Piege  and  surrender  of  Brailow.  Siege  of  Varna.  Investment 
of  Sbumia.  Occupation  of  Isaktcha  Bazardjic  and  Jcnibazar.  Attack  on  the  Russian  re- 
doubts by  Hussein  Pasha.  Evacuation  of  Eski  Staraboul.  The  Emperor  Nicholas  leaves 
the  camp  before  Shumla— repai  rs  to  Varna— to  Odessa.  Attack  of  the  Russian  positions  be- 
fore Shumla,  by  Hussein  Pasha  and  Hali!  Pasha — defeated.  Operations  of  the  Russian  fleet 
before  Varna.  Sortie  of  the  Turks.  Priuce  Menzikoff  disabled.  Command  of  the  siege 
transferred  to  Count  Woronzoff.  Levy  of  4  men  in  500,  by  the  Emperor  Nicholas. 
Loan  in  Holland.  He  returns  to  Varna.  Progress  of  the  siege.  Surrender  of  Yussufl" 
Pasha,  and  of  Varna.  Russian  camp  before  Shumla  raised.  The  emperor  Nicholas  em- 
barks for  Odessa— in  danger  of  shipwreck— returns  to  St.  Petersburg.  Operations  in 
Moldavia  and  Wallachia.  Siege  of  Silistria.  Attack  by  the  Seraskier  of  Widdin,  upon 
general  Geisraar  at  Crozoi— deteated— Geismar  takes  Kalafat.  Retreat  of  Wittgenstein 
from  Shumla.  Siege  of  Silistria— raised— Wittgenstein  goes  into  winter  quarters  at  Jas- 
sy— his  resignation.  Count  Dicbitch  appointed  to  the  command  of  the  army.  Campaign  in 
Asia.  Siege  and  surrender  of  Kara — of  Poti — of  Akhalkali— of  Tcberwisy — of  Akhaltzik. 
Diversion  attempted  by  the  Pasha  of  Moresch — defeated.  Pashalik  of  Bayazid  occupied  by 
the  Russians.  Naval  operations.  Anapa  taken  by  Admiral  Greig — he  proceeds  to  Vania. 
Russian  squadrons  in  the  Mediterranean.  Admirals  Hey  den  and  Ricord.  Blockade  of  the 
Dardanelles.  Death  of  the  empress  mother  of  Russia. 

CHAPTER  XIII. 

Expulsion  from  Constantinople,  of  Armenian  Catholics.  Deputation  of  four  Archbishops,  to 
offer  an  amnesty  to  the  Greeks.  Treaties  with  Spain,  Naples,  and  Denmark.  Preparations 
for  war.  Efforts  of  the  Austrian  and  Netherland  Legations  at  Constantinople,  to  avert  the 
•war.  Answers  of  the  Porte.  Arrival  of  the  Russian  Declaration.  Council  at  the  House  of 
the  Mufti  Note  from  the  Reis  E  fiend  i,  inviting  the  return  of  the  British  and  French  Ambas- 
sadors. Answer  of  Count  Guilleminot  The  Sultan  consults  a  fortune-teller.  Decides  for 
war.  War  measures.  Levies  of  troops.  Fail  in  Bosnia  and  Servia.  Disorders  at  Con- 
stantinople. Departure  of  the  Grand  Vizier,  for  Varna.  The  Sultan  removes  to  Ramish 
Tchinlik,  with  the  Standard  of  the  Prophet.  Landing  of  the  French  army  iu  the  Morea. 
New  invitation  to  the  French  and  English  Ambassadors  to  return.  Surrender  of  Varna. 
Yussuff  Pasha  declared  infamous.  His  estates  sequestered.  The  Grand  Vizier  displaced. 
Izzet  Mehemed  appointed  to  that  office.  Retreat  of  the  Russians  from  Shumla.  Siege  of 
Silistria  raised.  Effect  of  these  events  at  Constantinople.  Armies  retire  to  winter  quarters. 
Blockade  of  the  Dardanelles  by  the  Russians.  Negotiations  at  Constantinople,  renewed  by 
the  Dutch  Minister  Van  Zuylen.  Declaration  of  the  Britisii,  French,  and  Russian  Ministers 
at  London,  the  16th  of  November,  1828.  Communicated  to  the  Porte.  345 

CHAPTER  XIV. 

RUSSIA  AMD  TURKEY — CAMPAIGN  or  1829.— Preparations  by  Russia  for  the  campaign  of  1829. 
Resignation  of  Marshal  Wittgenstein.  Appointment  of  general  Diebitch  to  command  the  ar- 
mies in  European  Turkey.  Military  operations  hi  winter.  Kale  and  Tourno  taken  by  the 
Russians.  Sizepoli  taken  by  a  Russian  squadron.  Turkish  camp  on  the  Kamtchik  burnt. 
Campaign  in  Asiatic  Turkey.  Attack  upon  Akhaltysh,  by  Achmet  Bey— defeated. 
Attack  of  Kaya  Oglou  repelled  by  general  Hesse.  Entrenched  camp  of  the  Turks 
at  Potkboff  taken.  Battles  of  Kanily  and  Milli-Duzc,  won  by  general  Paskevitch — he 
takes  Erzeroum  and  Hassan  Kale.  Kniss  and  Beibmirt  taken.  Attempt  of  the  Pasha 
of  Van  to  recover  Bajazet— repelled  by  general  Popoff.  General  Bourtsoff  mortal- 
ly wounded  at  Khart.  Osman  Pasha  and  the  Lasians  defeated,  at  Khart.  Campaign  in  Eu- 
ropean Turkey.  Siege  of  Silistria  resumed.  Battle  of  Eski.  Encounter  between  Redschul 
Pasha,  Grand  Vizier,  and  general  Roth.  Affair  at  Eximil.  Battle  of  Koulevtcha  or  Pruvo- 
dy,  won  by  general  Dipbitch  over  the  Grand  Vizier.  Rakhova  taken  by  general  Geismar. 
Surrender  of  Silistria  to  the  Russians.  Passage  of  the  Balkan  by  general  Diebitch.  Pas- 
sage of  the  Kamtchik  river.  Mezembri  taken  by  general  Roth,  with  co-operation  of  the  fleet 
of  Admiral  Greig.  Akhiola  taken.  Aidos  occupied  by  general  Rudiger.  Bourgas  taken. 
Karnabat.  Karabournar.  Yumbol  evacuated  by  Halil  Pasha.  Slivno  taken  by  general 
Diebitch.  Surrender  of  Afrianople  Operations  of  Admiral  Greig's  fleet.  Turkish  vessels 
destroyed  at  Penderaclia  and  Chili.  Turkish  fleet  on  the  Euxine.  Russian  frigate  taken. 
Heroic  defence  of  the  brig  Mercury.  Admiral  Greig  puts  to  sea.  Turkish  fleet  returns  to  the 
Bosphorus.  Vassiliko  taken.  Agatopoli.  Iniada.  Midia.  Proclamation  of  general  Die- 
bitch—he  receives  the  name  of  Zabalkansky.  Peace  of  Adrianopl<>.  Treaty.  Separate 
acts.  Conclupion.  363 


^  *     v 

Page 

CHAPTER  XV. 

'<Rti.iE. — Annul  ot  Uouut  (Japod'Istrias  at  Egina.  Appointment  ot  the  Panhellenion.  In- 
auguration of  the  government  National  bank.  Pirates  delivered  up  at  Carabusa.  Prize 
courts  at  Egina.  Colonel  Fabvier's  expedition  to  the  island  of  Scio — its  failure.  Greek 
blockade  of  the  Morea.  The  plague  in  the  Morea.  Inhabitants  disarmed.  Arrest  of  Mat  - 
romichalis,  Naxos,  and  Millaitti.  Mission  of  four  archbishops  from  Constantinople  to  the 
Greeks— its  failure.  Proclamation  of  the  president,  announcing  the  war  between  Russia  and 
the  Porte.  General  Church  attacks  Vassilach,  and  Anatolico  Corps  of  Albanians  at  Coron 
discharged.  Admiral  Codrington  proceeds  to  Alexandria — convention  of  the  Viceroy  of 
Egypt  with  him  for  the  evacuation  of  the  Morea  by  Ibrahim  Pasha.  French  expedition  to 
the  Morea.  Their  landing.  Second  convention  for  the  evacuation  of  »he  Morea  by  the 
Egyptian  troops.  They  return  to  Alexandria  Navarino  taken  by  the  French  troops,  and 
Modon.  Coron.  Capitulation  of  Patras,  and  the  Castle  of  Morea.  Turkish  Agas  resist  the 
capitulation.  The  castle  besieged  by  general  Maison.  The  Agas  surrender  at  discretion. 
Sickness  among  the  French  troops— one  division  of  them  returns  to  France.  War  in  the 
island  of  Candia — in  Western  Hellas.  Proclamations  of  the  president  Capo  d'Istrias — his 
conferences  with  general  Maison — with  the  allied  Admirals — with  the  Ambassadors  at  Poros. 
Count  Bulgari,  minister  of  Russia  to  the  Greek  government.  Mr.  Dawkins,  British  consul 
general.  Discontent  in  Greece  at  the  limits  proposed  by  the  allies.  General  Ypsilanti  takes 
Itivadia  and  Salone.  Corps  of  Turks  defeated  by  Ketzo  Tzavellaa.  Prisoners  branded. 
Conference  of  16th  November,  1838,  held  by  the  ministers  of  the  allies  at  London — their  de- 
claration. Mission  of  Mr.  Jaubert  to  Constantinople.  The  Porte  consents  to  negotiate  with 
Great  Britain  and  France.  Conference  between  the  ministers  of  the  allies  at  London,  of  22d 
March,  1829.  Protocol  of  that  conference.  Boundaries  of  Greece.  Tribute.  Indemnity  for 
Turkish  property.  Independence  qualified.  Amnesties.  Mutual  armistice.  Russia  to  be 
represented  by  the  ambassadors  of  France  and  Great  Britain.  Sir  Robert  Gordon  and  Count 
Guillerainot  arrive  at  i  'onstantinople.  Reception  of  Sir  Robert  Gordon.  Conferences  with 
the  Reis  Eflendi.  Notification  that  the  British  government  disallows  the  Greek  blockades. 
Fourth  National  Assembly  of  Greece  at  Argos.  Division  of  Greece  into  13  departments.  Ad- 
dress of  president  Capo  d'Istrias  to  the  Assembly.  Military  operations.  Vonitza  taken  by 
general  Church — the  castle  of  Romelia,  by  Augustin  Capo  d'Istrias.  Mahmoud  Pasha  de- 
feated near  Talanti.  Thebes  evacuated  by  Omer  Pasha.  Lnpanto  Missolonghi.  Anato- 
lico— surrender  by  capitulation  to  the  Greeks.  Operations  before  Athens  suspended.  General 
Church  resigns  his  commission  as  commander  in  chief.  Peace  of  Adrianople.  Conclusion.  403 

CHAPTER  XVI. 

SPAIN.— Political  condition  of  Spain.  Arbitrary  and  liberal  parties.  British  policy.  Cama- 
rilla. Royal  volunteers.  Portuguese  affairs.  Calomarde  appointed  Intendant  of  Police. 
Insurrection  in  Catalonia.  Ferdinand  at  Barcelona-  Returns  to  Madrid.  Removal  of 
French  troops.  Debt  to  France — to  England.  Finances.  American  affairs.  Earthquake.  407 

CHAPTER  XVII. 

PORTUGAL. — Condition  of  the  kingdom  under  the  constitution.  Assembly  af  Chambers.  Don 
Miguel's  return.  Swears  to  maintain  the  charter.  Tumults.  Return  of  British  troops. 
Charter  abolished.  Revolt  at  Oporto.  Defeat  of  Constitutionalists.  Cortes  convoked.  Don 
Miguel  proclaimed.  Protest  of  Brazilian  Ambassadors.  Tyranny  of  Don  Miguel.  Reduc- 
tion of  Madeira.  Proceedings  of  Don  Pedro.  Arrival  of  Donna  Maria.  Lands  in  England. 
Attack  on  Terceira.  44> 

CHAPTER  XVIII. 

Mexico. — General  view  of  Spanish  American  states.  State  of  parties  in  Mexico.  Montano'a 
plan  of  reform.  Bravo  declares  in  favour  of  it.  Banished.  Pedraza  elected  President. 
Santa  Anna  revolts.  Revolution  in  Mexico.  Guerrero  declared  president.  Expulsion  of 
Spaniards.  Invasion  of  Mexico.  Finances.  Commerce.  47-" 

CHAPTER  XIX. 

Preliminary  remarks.  Election  of  deputies.  Convention  at  Ocana.  Dissolution  of  conven- 
tion. Bolivar  proclaimed  supreme  chief.  Conspiracy  against  Bolivar.  Trial  of  Santander, 
Jlis  banishment.  General  remarks  on  the  same.  Decree  of  Bolivar,  calling  constituent  con- 
press.  Designs  of  Bolivar.  Historical  account  of  his  abdications.  Conclusion.  493 

CHAPTER  XX. 
PERU  AND  BOLIVIA. 

P*RU.— Conspiracy  at  Lima.  Earthquake.  New  constitution.  War  with  Colombia.  Over- 
tures for  peace.  Battle  of  Tarqui.  Convention  of  Jiron.  Renewal  of  hostilities.  Revolu- 
tion in  Peru.  Peace  with  Colombia. 

BOLIVIA.— Sucre,  president.  Bolivian  code.  Revolution.  War  with  Peru.  Peace.  Velasco 
president.  Blanco  president.  Killed  in  civil  commotion.  Santa  Cruz  president.  519 

CHAPTER  XXI. 
BRAZIL  AND  LA  PLATA. 

War  between  Brazil  and  Buenos  Ayres.  Dissolution  of  federate  government  of  La  Plata. 
Maritime  movements.  Claims  on  Brazil.  French  Claims  enforced.  Buenos  Ayrean  priva- 
teers. Commissions  recalled.  Peace.  Finances  of  Brazil.  Mutiny  at  Rio  Janeiro.  Change 


vu,  CONTENTS. 

of  Brazilian  ministry.    Term*  of  peace.    Bank  of  Brazil.   Relations  with  Portugal.    Depaf- 
tare  of  Donna  Maria.    Don  Pedro's  address  to  the  Portuguese  nation. 

BDENOB  AYRKS. — Dorrcgo  deposed  and  shot.  Civil  war  with  the  interior.  Expedition  to  Santa 
Fe.  Conspiracy  in  capitol.  Defeat  of  southern  army  Buenos  Ayres  besieged.  Brown  re- 
signs. French  fleet  takes  possession  of  Buenos  Ayrcan  squadron.  Peace  agreed  upon. 
Rupture. 

Executive  officers, 

Army  promotions,  558 — 564 

Navy  promotions, 
Twentieth  congress— members  of, 

Governors  of  stales,  *          -/ 

Reports  on  the  sinking  fund, 
Public  debt, 

Revenue  and  Expenditure, 
Internal  improvements, 
Bank  of  United  States. 

Commerce  of  United  States,  for  1827,  580 

Do  do  1828,  -  582 

Do       of  each  state  and  territory,  for  1827, 
Do  do  do  1828, 

Tonnage  entering  and  leaving  each  district,  for  1827, 

Do  do  do  1828,  588 

Do       belonging  to  each  district,  for  1826,  590 

Do  do  do          1827,  592 

Comparative  view  of  tonnage,  594 

Statement  of  imports  into  United  States,  for  1827  and  1828,  594 

Statement  of  foreign  exports,  for  1827  and  '8,  597 

Statement  of  exports  of  domestic  produce  and  manufactures,  for  1827  and  1828,          -  600 

Tables  on  public  lands  of  United  States,  602 

Statistics  of  the  world,  606 

Table  of  imports,  rate  of  wages,  price  of  stocks,  parish  taxes,  &c.,  in  G.  Britain  for  20  years,    612 
Revenue  of  Great  Britain,  for  1827,         -  613 

Expenditure  of       do  1827,       -  614 

Net  produce  of  customs,  stamps,  taxes,  excise,  and  post  office,  615 

Public  debt  of  Great  Britain  and  Ireland,  617 

Tonnage  tables,  -  gjg 

Exports  of  do  -  o-30 

Imports  of  do 

French  revenue,  .  621 

Imports,  exports,  and  tonnage,  goo 

The  state  elections,  legislative  proceedings  and  statistics,  will  be  found  under  the  head  of  the 

several  states. 

Maine,  .  3 

New  Hampshire,  •.,.„.« 

Massachusetts, 

Vermont,  •  -  16 

Rhode  Island, 
Connecticut, 
New  York, 
Revised  statutes  of  do 

New  Jersey,  .  UQ 

Pennsylvania, 

Delaware,  .  103 

Maryland, 
Virginia, 
North  Carolina, 

South  Carolina,  •„•.•: 

Georgia, 
Alabama, 
Mississippi, 
Louisiana, 
Tennessee,  -  _ 


Kentucky, 

Ohio, 

Indiana, 

Illinois, 

Missouri, 

District  of  Columbia, 


153 
156 
160 
162 
163 
164 


AMERICAN  ANNUAL,  REGISTER, 


FOR 


THE  YEARS  1827-8-9. 


HISTORY  OF  THE  UNITED  STATES. 
CHAPTER  I. 

State  of  Parties — Principles  of  Administration — Of  Opposition — Poli- 
tical aspect  of  Country — Elections  in  1821 — 20th  Congress — 8th  of 
January — Execution  of  Militia-men — Retrenchment  Committee — Report 
of  Majority — Of  Minority — Reform — Party  Violence — Defeat  of  Ad- 
ministration— Retirement  of  Mr.  Adams — Character  of  Administration. 


THE  parties,  which  had  been  in  a 
state  of  developeraent  during  the 
two  first  years  of  Mr.  Adams'  ad- 
ministration, became,  shortly  after 
the  adjournment  of  the  19th  Con- 
gress, distinctly  arrayed  against 
each  other,  and  the  lines  of  demar- 
cation were  plainly  drawn  between 
them. 

It  had  been  for  several  years, 
somewhat  difficult  to  ascertain  from 
the  party  denominations  by  which 
public  men  were  known,  the  politi- 
cal principles  they  professed.  Up- 
on the  general  disbanding  of  the 
federalists-as  a  national  party,  they 
amalgamated  with  their  opponents ; 

VOL.  III. 


and  although  in  some  states  they 
still  acted  together  for  local  purpo- 
ses, and  in  other  states  their  former 
leaders  kept  aloof  from  public  affairs, 
the  old  lines  of  party  division  were 
gradually  obliterated,  and  no  differ- 
ence of  principle  apparently  exist- 
ed between  parties,  which  had  been 
so  lately  engaged  in  the  most  vehe- 
ment political  warfare.  The  name 
was  indeed  often  applied  as  a  term 
of  reproach  to  some  of  the  tempo- 
rary and  local  parties,  which  occa- 
sionally appeared  in  opposition  to 
those,  who  held  the  reins  of  govern- 
ment in  the  larger  states ;  but  its 
existence  as  an  active  party  con- 


10 


ANNUAL  REGISTER,  16-J7-3-9. 


tending  for  power  being  at  an  end, 
its  defence  was  left  to  those  who 
had  in  a  great  measure  retired  from 
public  life ;  and  its  character,  which 
had  fallen  in  general  estimation 
from  the  factious  conduct  of  its 
leaders  during  the  late  war,  was 
committed  to  the  tender  mercies  of 
its  opponents. 

This  state  of  things,  as  it  was  sug- 
gested in  a  former  volume,  had  a 
tendency  to  lower  the  standard  of 
qualifications  for  official  station. 
The  general  character  of  public 
measures  did  not  furnish  any  dis- 
tinct grounds  of  dispute.  All  par- 
ties acquiesced  in  the  same  course 
of  policy ;  and  the  leading  motive  to 
enter  into  the  political  arena,  and 
ths  ultimate  reward  of  a  successful 
career,  were  the  honours  and  emo- 
luments of  office.  A  disposition  to 
yield  their  own  convictions,  to  flatter 
the  prejudices  of  those,  who  possess- 
ed the  power  of  dispensing  patron- 
age, was  too  manifest  among  the 
candidates  for  public  and  official  fa- 
vour. The  number  of  rival  candi- 
dates had  increased,  and  as  but  one 
uvenue  to  power  promising  suc- 
cess was  open,  their  pretensions 
brought  them  into  constant  collision 
with  each  other,  and  rendered  them 
too  apt  to  play  the  courtier  with  the 
people,  and  to  resort  to  those  arts 
and  intrigues  to  gain  the  suffrages 
of  the  electors,  which  in  other  coun- 
tries are  employed  to  obtain  the 
support  of  a  minister,  or  the  favour 
of  a  monarch's  favourite. 


These  circumstances,  whilst 
impaired  the  sincerity  of  public 
men,  and  degraded  the  standard  of 
moral  and  political  qualifications, 
also  rendered  the  people  at  large 
less  able  to  ascertain  who,  among 
the  several  candidates  presented  to 
their  choice,  were  the  best  repre- 
sentatives of  their  principles  and 
their  opinions.  A  class  of  men 
were  thus  found  in  public  life,  ready 
to  trim  their  sails  to  the  varying 
gale,  and  representing  their  own 
interests  rather  than  any  set  of  po- 
litical principles.  These  men  did 
not  indeed  compare  in  number,  and 
still  less  in  character,  with  those 
who  obtained  the  favour  of  their  fel- 
low-citizens by  the  force  of  their 
talents,  and  preserved  it  by  their 
public  services ;  but  still  they  form- 
ed an  important  part  of  the  political 
machinery  of  the  country,  and  be- 
ing in  greater  force  at  this  period 
than  usual  in  the  federal  and  state 
legislatures,  they  constituted  a  sort 
of  mercenary  corps,  which  preserv- 
ed its  neutrality  until  its  junction 
with  one  of  the  contending  parties 
could  clearly  decide  the  contest  in 
its  favour. 

This  state  of  things  rendered  the 
success  of  an  administration  of  the 
government  upon  the  principles 
adopted  by  Mr.  Adams,  extremely 
problematical.  At  the  commence- 
ment of  his  term  of  office,  he  had 
declared  his  intention  to  follow  the 
general  outlines  of  policy,  which 
had  characterized  the  administra- 


OF  OPPOSITION. 


11 


tion  of  his  predecessor.  This  im- 
posed on  him,  in  some  measure, 
the  necessity  of  continuing  in  of- 
fice those  who  had  been  previously 
appointed  ;  and  adopting  as  a  gene- 
ral rule,  that  he  would  remove  no 
man  except  for  official  misconduct, 
and  to  regard  in  his  selection  of 
candidates  for  vacancies,  only  their 
moral  and  intellectual  qualifica- 
tions, he  voluntarily  relinquished 
the  support  which  he  might  have  de- 
rived from  executive  patronage,  and 
placed  the  success  of  his  adminis- 
tration simply  upon  the  merit  of  its 
principles  and  its  measures. 

No  very  great  difference  of  opi- 
nion existed  as  to  the  principles 
which  were  to  be  carried  into  prac- 
tice in  the  management  of  the  fo- 
reign relations  of  the  United  States. 
The  strong  national  feeling  pro- 
duced by  the  late  war  with  Great 
Britain,  had  extinguished  those  fo- 
reign partialities  which  had  pre- 
viously been  the  reproach  of  the 
prevailing  parties,  and  no  Ameri- 
can statesman,  whether  in  the  ad- 
ministration or  in  the  opposition, 
could  hope  for  the  support  of  his 
countrymen  upon  any  other  ground 
than  a  steadfast  and  resolute  main- 
tenance of  the  national  interest  and 
honour.  It  did,  indeed,  constitute 
a  portion  of  the  charges  against 
the  administration,  that  with  Bra- 
zil this  principle  was  lost  sight  of; 
and  that  in  its  discussions  with 
England  concerning  the  West  In- 
dia  trade,  it  was  too  strenuously 


insisted  upon  :  but  no  one  denied 
the  propriety  of  the  principle,  al- 
though it  was  controverted  that  it 
had  been  properly  applied.  No 
such  agreement  existed  as  to  the 
domestic  policy  of  the  government. 
A  difference  of  opinion  as  to  its 
constitutional  powers,  necessarily 
produced  disputes  concerning  the 
measures  to  be  pursued.  While 
one  class  of  politicians  asserted 
that  the  general  government  was 
instituted  for  national  purposes,  and 
that  it  possessed  all  the  implied 
powers  necessaiy  to  effect  the 
objects  which  the  constitution  had 
placed  within  its  jurisdiction  ;  ano- 
ther class  contended  that  the  pow- 
ers must  be  specifically  granted, 
that  these  powers  were  limited  to 
the  enumerated  objects,  and  that 
the  practice  of  exercising  construc- 
tive powers  was  subversive  of  state 
sovereignty.  The  states,  they  said, 
were  independent,  and  as  distinct 
sovereignties  they  had  framed  a 
federal  constitution,  reserving  to 
themselves  all  the  powers  not  spe- 
cifically granted  by  that  instrument. 
It  was  asserted  in  opposition  to 
this,  that  the  federal  government 
was  instituted  by  the  people  of  the 
United  States,  and  not  by  the  states 
in  their  sovereign  capacities — that 
the  states  never  were  distinct  and 
independent,  but  on  the  contrary, 
they  were  distinct  only  while  colo- 
nies— that  their  independence  had 
resulted  from  their  union,  and  that, 
in  fact,  they  were  united  as  one 


[•2 


\\M'AL  HOLSTER,  l*27->-0. 


naliou,  and  had  incurred  ail  the 
obligations  growing  out  of  a  state 
of  war — had  contracted  alliances 
and  debts,  and  pledged  their  faith 
as  one  people,  anterior  even  to  the 
establishment  of  the  state  govern- 
ments. The  federal  and  state  go- 
vernments were  equally  established 
by  the  people,  and  written  consti- 
tutions framed,  defining  their  re- 
spective powers.  The  federal  go- 
vernment, it  was  true,  possessed 
only  enumerated  powers ;  but  it  was 
instituted  for  the  purpose  of  super- 
intending national  objects,  and 
was  invested  with  the  necessary 
powers  to  accomplish  that  general 
end. 

In  announcing  in  his  inaugural 
address,  his  intention  of  pursuing 
the  policy  adopted  by  his  prede- 
cessor, Mr.  Adams  had  indicated 
his  resolution  to  construe  the  fede- 
ral constitution  as  authorizing  ap- 
propriations by  congress,  for  the  in- 
ternal improvement  of  the  country, 
and  the  passage  of  the  laws  for  the 
advancement  of  national  interests. 
This  declaration  was  justly  regard- 
ed as  an  expression  of  his  prefe- 
rence of  the  federal  to  the  anti- 
federal  construction  of  the  consti- 
tution ;  and  being  amplified  and 
carried  into  detail  in  his  opening 
message  to  the  19th  Congress, 
tended  to  rally  all  those  who  in- 
sisted on  the  narrow  construction 
of  that  instrument  in  opposition  to 
his  administration. 

Experience  had  shown,  that  the 


representatives  from  the  h'outhf  rn 
states  had  generally  ranked  them- 
selves among  those,  who  contended 
for  the  less  liberal"  view  of  the 
powers  of  the  federal  government. 
Whether  it  was  owing  to  the  pecu- 
liar character  of  the  states,  which 
from  their  stationary  condition  did 
not  require  that  active  care  from 
the  national  government,  that  was 
demanded  in  other  portions  of  the 
country  where  the  population  was 
increasing,  and  the  resources  more 
rapidly  developed  ;  or  to  an  appre- 
hension, that  the  general  govern- 
ment might  at  some  future  period 
interfere  with  the  rights  of  the  slave 
holders  ;  certain  it  is,  that  a  strong 
jealousy  of  its  powers  had  always 
been  manifested  by  the  representa- 
tives from  the  planting  states.  On 
the  other  hand,  except  when  under 
the  influence  of  strong  temporary 
excitement,  the  eastern  states,  from 
their  extensive  commercial  rela- 
tions, have  always  felt  the  ne- 
cessity of  having  a  gover  merit 
which  could  make  itself  respected 
abroad  ;  and  the  enterprising  cha- 
racter of  their  inhabitants  gave  them 
a  strong  interest  in  every  institution, 
which  could  add  to  the  resources 
or  the  strength  of  the  Union.  The 
middle  states,  also,  entertained 
warm  attachments  to  the  federal 
government,  although  peculiar  cir- 
cumstances, arising  from  the  cha- 
racter of  state  parties  contending 
with  more  than  ordinary  acrimony 
for  local  offices,  had  often  placed 


OF  OPPOSITION. 


Ne\\-Vork  and  Pennsylvania  in 
>he  opposite  scale.  The  unsettled 
condition  of  the  western  states, 
had  prevented  their  taking  any 
part  in  the  contest  respecting  the 
powers  of  the  federal  government 
until  the  present  time  ;  although, 
growing  up  and'acquiring  the  cha- 
racter of  states  during  the  predomi. 
nancy  of  the  democratic  party, 
their  representatives  had  generally 
professed  the  same  principles.  The 
contest,  however,  was  then  concern- 
ing the  conduct  of  our  foreign  rela- 
tions, and  the  domestic  policy  of  the 
country  was  ovei'looked.  A  new 
era  had  now  commenced,  and  the 
relations  of  parties  had  materially 
changed.  To  the  inhabitants  of 
the  western,  and  to  many  of  those 
of  the  middle  states,  the  political 
questions  were  entirely  new.  They 
related  to  the  domestic  policy  and 
to  the  constitutional  powers  of  the 
federal  government.  The  present 
administration  had  now  assumed  a 
distinct  character.  The  attention 
of  the  government,  during  the  ad- 
ministrations of  Jefferson  and  Madi-" 
son,  had  been  to  much  engrossed 
by  disputes  with  foreign  powers, 
that  no  distinct  home  policy  had 
been  adopted.  During  Mr.  Mon- 
roe's administration,  its  attention 
had  been  partially  directed  to  the 
internal  condition  of  the  country  ; 
but  certain  doubts  in  the  mind  of 
the  President,  and  a  constitutional 
hesitation  or  infirmity  of  purpose, 


prevented  the  policy  he  had  adopt- 
ed from  being  carried  into  com- 
plete effect.  No  such  complaint 
could  be  made,  concerning  the 
domestic  policy  of  the  present  ad. 
ministration.  It  had  a  distinct 
and  strongly  marked  character. 
Adopting  as  a  general  principle 
that  the  federal  government  was 
one  of  limited  powers,  but  estab- 
lished for  national  purposes,  the 
President  proceeded  to  enforce 
upon  congress,  the  necessity  of 
exercising  its  constitutional  powers 
in  passing  laws  to  promote  the 
improvement  of  agriculture,  com- 
merce and  manufactures ;  of  the 
internal  communications  between 
different  parts  of  the  Union ;  for 
the  advancement  of  literature,  the 
progress  of  the  sciences  ;  and  to 
establish  on  a  stable  footing,  those 
national  institutions  which  had  been 
commenced  by  his  predecessors. 
This  plain  and  explicit  avowal  of 
his  principles,  drew  upon  the  ad- 
ministration the  hostility  of  most 
of  the  representatives  of  the  south- 
ern states ;  and  their  opposition 
to  its  policy  and  doctrines  was  not 
a  little  stimulated  by  their  section- 
al prejudices  against  its  head. 

A  portion  of  the  opposition,  indeed, 
was  already  committed  in  favour  of 
the  power  of  the  general  govern- 
ment to  make  appropriations  for  in- 
ternal improvement;  but  the  charge 
of  the  corrupt  origin  of  the  adminis- 
tration and  its  recommendation  of 


14 


ANNUAL  REGISTER,  1327-6-9. 


the  tariff,  far  outbalanced,  in  their 
eyes,  any  negative  merits  of  that 
sort. 

An  account  has  been  given  in  the 
two  preceding  volumes,  of  the  com- 
bination  of  these  different  classes  of 
politicians,  professing  such  discor- 
dant principles,  in  the  opposition  ; 
and  it  soon  became  obvious,  that  an 
extraordinary  unity  of  design  and 
action  existed  in  the  party  through- 
out the  country.  All  minor  differ- 
ences were  buried  in  their  desire 
to  overthrow  the  administration. — 
The  topics  calculated  to  bring  its 
measures  into  discredit,  were  most 
skilfully  brought  forward,  and  in  va- 
rious sections  of  the  union,  oppo- 
site reasons  were  urged  with  ef- 
fect against  its  continuance  in 
power. 

Whilst  an  irreconcilable  differ- 
ence of  principle  induced  the  repre- 
sentatives of  the  interests  and  opi- 
nions of  the  South  to  oppose  it,  and 
the  personal  predictions  and  po- 
litical views  of  the  partizans  of 
Jackson  and  Calhoun,  arranged 
them  on  the  same  side,  notwith- 
standing their  opinions  of  the  do- 
mestic policy  of  the  government ; 
no  means  were  left  untried  to  ob- 
tain support  in  those  states,  whose 
interests  and  feelings  led  them  to 
approve  of  the  principles,  upon 
which  the  government  was  adminis- 
tered. The  strongest  appeals  were 
made  to  the  sectional  feelings  of  the 
western  states,  in  behalf  of  the 


candidate  of  the  opposition  ;  ami  it 
was  discovered  at  an  early  period, 
that  these  appeals  met  with  a  ready 
response  from  the  electors  beyond 
the  Alleghany  mountains.  New- 
York  and  Pennsylvania  were  ope- 
rated upon  by  a  belief,  industriously 
circulated,  that  Gen.  Jackson  was 
the  candidate  of  the  democracy  of 
the  union,  and  this  impression  also 
contributed  to  create  a  strong  party 
in  his  favour  in  the  States  of  Maine 
and  New-Hampshire.  The  old  fe- 
deral party,  however,  did  not  rally 
in  support  of  the  administration. — 
This  party  had  disbanded,  and  ma- 
ny of  its  leaders  were  the  most 
ardent  personal  opponents  of  Mr. 
Adams,  and  became  the  most  ef- 
fective adherents  of  the  opposition. 

Such  was  the  state  of  politics  at 
the  termination  of  the  19th  Con- 
gress ;  and  the  elections  which  were 
to  determine  the  complexion  of  the 
next  Congress,  took  place  under 
the  influence  of  this  complicated 
state  of  public  feeling. 

In  some  of  the  states,  indications 
were  clearly  given  of  the  disposi- 
tion of  the  electors  towards  the  ex- 
isting administration. 

In  Virginia  and  North-Carolina, 
where  the  district  system  prevailed, 
opposition  members  were  returned, 
with  some  few  exceptions. 

In  the  other  southern  states,  ex- 
cept Louisiana,  candidates  of  the 
same  character  were  chosen ;  while 
in  the  eastern  states,  administra- 


TWENTIETH  CONGRESS. 


tion  candidates  were  elected,  ex- 
cept in  Maine,  where  two  of  the  op- 
position succeeded. 

The  western  and  middle  states 
presented  a  different  aspect ;  the 
contending  parties  in  those  states 
being  more  equally  divided. 

In  Tennessee  and  Illinois,  the 
opposition  candidates  prevailed,  as 
well  as  in  four  fifths  of  the  districts 
in  Pennsylvania.  In  both  Louisiana 
and  Indiana,  a  majority  of  the  mem- 
bers elected  were  in  favour  of  the 
administration.  A  still  more  favour- 
able result  took  place  in  Ohio, 
which  returned  ten  in  favour,  and 
but  four  against  the  administration. 

Delaware  and  New- Jersey  also 
elected  administration  candidates  ; 
and  the  results  in  these  states  were 
considered  as  proofs  of  the  increas- 
ing favour  of  the  administration 
with  the  people  ;  as  until  then,  the 
representative  of  Delaware  had 
been  in  the  opposition,  and  the  vote 
of  New-Jersey  at  the  Presidential 
election  in  1824  had  been  in  favour 
of  General  Jackson. 

These  favourable  indications,  how- 
ever, were  much  more  than  coun- 
terbalanced by  the  results  of  the 
elections  in  Kentucky  and  New- 
York. 

Upon  the  election  in  the  former 
of  those  states  public  attention  was 
strongly  fixed,  on  account  of  its  be- 
ing considered  as  a  test  of  the  influ- 
ence of  the  Secretary  of  State  in 
his  own  state.  The  result,  which 
gave  seven  representatives  in  the 


opposition,  and  but  five  in  favour  of 
the  administration,  proved,  that  how- 
ever strengly  fixed  the  affections 
of  Kentucky  might  be  upon  her 
favourite  son,  the  local  prejudi- 
ces of  the  people  inclined  them 
to  support  a  western  candidate  in 
preference  to  a  citizen  of  the  east- 
ern states. 

The  election  in  New-York,  was 
still  more  discouraging  to  the  pros- 
pects of  the  re-election  of  Mr. 
Adams.  In  that  state,  as  well  as 
in  Maryland,  the  representatives 
to  the  twentieth  Congress  were 
chosen  in  the  autumn  of  1826,  and 
the  contest  was  only  as  to  the  re- 
presentation in  the  state  legisla- 
tures. No  distinct  administration 
party  existed  in  the  state  of  New 
York.  A  large  portion  of  its  elec- 
tors approved  of  its  policy;  but 
they  were  not  organized  as  a  party, 
and  the  state  parties  had  been  for 
years  contending  about  questions 
of  a  character  entirely  local. 
They  were  composed  indifferently 
both  of  the  supporters  and  oppo- 
nents of  the  administration.  The 
leaders,  however,  of  both  of  the 
local  parties  having  determined 
on  opposition,  were  enabled,  by 
means  of  the  old  party  organiza- 
tions, to  elect  an  apparently  over- 
whelming majority  to  the  state  le- 
gislature in  favour  of  Gen.  Jackson. 
This  result  in  m  a  state  where  the 
administration  had  in  reality  many 
friends,  and  where  it  had  with  rea- 
son calculated  on  a  firm  support. 


YMMJAL  REGISTER,  1827-s-«J. 


tended  to  strengthen  the  oppo- 
sition, and  to  confirm  its  sanguine 
hopes  of  success  by  the  accession 
of  the  wavering  to  a  party  obvious- 
ly in  the  ascendant.  Upon  the 
assembling  of  the  twentieth  Con- 
gress, it  was  ascertained,  by  the 
election  of  the  speaker,  that  a  ma- 
jority of  the  house  was  opposed  to 
the  administration ;  and  this  victory 
was  soon  followed,  by  such  an  ac- 
cession from  those  who  were  un- 
committed in  the  senate,  as  to  give 
a  majority  to  the  same  party  in 
that  body. 

The  committees  of  both  houses, 
of  course,  represented  the  political 
opinions  of  the  opposition,  and  the 
administration  was  left  without 
that  support,  which  it  was  accus- 
tomed in  Congress. 

The  first  session  was  justly 
deemed  decisive  of  its  fate.  The 
deliberations  and  proceedings  in 
Congress,  always  possessing  a  great 
influence  over  public  opinion,  were 
now,  from  the  circumstances  to 
which  we  have  alluded,  invested 
with  more  than  ordinary  authority. 
The  people  looked  to  that  body  for 
information,  both  as  to  the  princi- 
ples and  measures  of  the  executive 
part  of  the  government,  and  the 
majority  of  both  branches  being 
opposed  to  the  executive,  most  of 
the  measures  recommended  by 
him,  were  either  defeated  or  so 
modified,  as  to  materially  change 
the  character  and  effect  of  the 
policy  proposed. 


The  administration,  then. - 
had  not  a  fair  trial  in  public  opinion. 
Not  having  a  majority  in  Congress, 
its  policy  was  not  carried  into  full 
effect,  and  the  country  had  not  an 
opportunity  of  ascertaining  by  ex- 
perience whether  it  was  beneficial 
or  not. 

Many  of  the  measures  recom- 
mended by  the  President,  as  the 
Panama  Mission,  the  Bankrupt 
Law,  a  National  University,  a  Na- 
val School,  the  extension  of  the 
Federal  Judiciary,  were  defeated 
by  the  opposition  ;  and  others,  like 
the  tariff,  were  so  amended,  as  to 
produce  an  effect  upon  the  interests 
of  the  country,  different  from  that 
originally  contemplated. 

Resolutions  too  were  entertained 
simply  with  the  view  of  discussing 
the  character  of  the  administration  ; 
and  some  of  the  reports  of  com- 
mittees partook  too  strongly  of  this 
partizan  complexion.  If  these 
proceedings  had  been  confined 
simply  to  public  measures,  or  even 
to  political  principles,  they  might 
have  been  considered  within  the 
bounds  of  propriety;  but  they 
clearly  violated  them,  and  tended 
to  convert  Congress  into  a  mere 
forum  for  political  debate,  when 
they  brought  the  personal  merits 
and  demerits  of  the  se.veral  candi- 
dates for  the  Presidency  under 
consideration,  and  descended  to 
entertain  topics  which  were  ad- 
dressed rather  to  the  prejudices 
and  passions,  than  to  the  reason  of 


MILITIA  MEiS. 


17 


the  people.  The  anniversary  of 
the  victory  of  the  eighth  of  Janua- 
ry, while  it  was  celebrated  through, 
out  the  Union,  rather  as  a  party 
than  a  national  celebration,  gave 
occasion  to  a  resolution  of  this  na- 
ture in  the  house  of  representa- 
tives. 

On  that  day,  after  the  reading 
of  reports  from  committees  was 
finished  Mr.  Hamilton  moved, 
"  that  the  committee  on  the  library 
be  instructed  to  inquire  into  the 
expediency  of  having  a  historical 
picture  of  the  battle  of  New-Or- 
leans painted,  and  placed  in  one 
of  the  pannels  of  the  Rotunda." 
This  resolution,  which  was  regard- 
ed as  intended  for  political  effect, 
produced  much  discussion.  Amend- 
ments were  proposed,  adding  the 
battles  of  Bunker  Hill,  Monmouth, 
Princeton,  and  the  attack  on  Que- 
bec, and  also,  some  of  the  naval 
victories  after  the  battle  of  New- 
Orleans. 

The  house  adjourned  that  day 
without  coming  to  a  decision. 
The  discussion  was  resumed  the 
next  day,  and  after  rejecting  every 
attempt  to  amend  the  resolution  by 
the  insertion  of  any  other  victories, 
the  house  rejected  the  resolution 
itself,  98  ayes,  103  nays. 

This  resolution  was  followed  by 
one  of  a  similar  character  from 
the  other  party.  On  the  llth  of 
January,  Mr.  Sloane  moved  a  re- 
solution requiring  the  Secretary  of 
War  to  furnish  the  house  with  a 

VOL.  III. 


copy  of  the  proceedings  of  a  Court 
Martial,  held  5th  of  December, 
1814,  in  a  detachment  of  the  army 
under  the  command  of  General 
Jackson,  for  the  trial  of  certain 
Tennessee  militiamen. 

These  men  had  been  guilty  of 
insubordination  and  mutiny,  and, 
having  been  found  guilty,  were  con. 
demned  to  be  shot,  which  sentence 
was  ordered  by  General  Jackson  to 
be  carried  into  execution.  It  was, 
however,  said  that  these  men  were 
not  legally  drafted,  and  of  course 
not  liable  to  the  penalties  of  martial 
law.  The  proceedings  of  the 
court  martial  were  not  strictly 
formal ;  and  under  these  circum- 
stances, it  was  supposed  that  the 
publication  of  the  official  records 
would  prove  the  General  to  have 
been  careless  of  human  life,  and 
render  him  unpopular,  as  regard- 
less of  those  legal  formalities  and 
distinctions,  which  the  spirit  of  the 
common  law  has  interposedbetween 
arbitrary  power,  and  the  rights  of 
private  citizens.  The  introduction 
of  this  resolution  created  much  ex- 
citement in  the  house.  Several 
amendments  were  offered,  with  the 
view  of  including  in  the  call,  other 
papers  illustrating  the  subject ;  and 
the  resolution,  with  the  amend- 
ments, having  finally  passed,  the 
documents  furnished  by  the  War 
Department,  pursuant  to  the  call, 
were  referred  to  the  Commit- 
tee on  military  affairs  for  ex- 
animation.  The  llth  of  February 


18 


A.VMAL  REGISTER, 


this  committee  made  a  long  excul- 
patory report,  justifying  the  execu- 
tion of  these  militiamen,  which,  by 
a  vote  of  the  house,  108  to  98,  was 
ordered  to  be  printed  with  the  docu- 
ments in  the  order,  in  which  they 
had  been  arranged  by  the  commit- 
tee. 

Another  motion  of  this  charac- 
ter was  submitted  on  the  22d  of 
January,  by  Mr.  Chilton,  a  new 
member,  with  the  view  of  inquiring 
into  the  expenses  of  the  govern- 
ment. The  resolutions  originally 
offered  by  him,  declared  it  to  be 
expedient  to  discharge  the  national 
debt,  and  that  this  could  be  accom- 
plished only  by  reducing  the  num- 
ber of  public  officers  ;  diminishing 
the  salaries  of  all  that  were  retain- 
ed ;  and  avoiding  all  expenditures 
not  absolutely  required  by  the  ne- 
cessities of  the  government.  They 
concluded  by  a  reference  to  the 
committee  of  ways  and  means,  with 
directions  to  report  the  proper  mea- 
sures to  be  adopted  to  effect  those 
objects. 

These  resolutions  were  well  qua- 
lified, to  test  the  sincerity  of  the 
professions  of  economy  and  reform, 
which  had  been  so  repeatedly  made 
by  a  certain  class  of  the  opposition, 
and  enabled  them  to  present  to  the 
public  in  detail,  their  scheme  of  go- 
vernment, and  the  extent  of  -their 
contemplated  retrenchment. 

It  did  not  appear,  that  the  mover 
had  consulted  either  party  in  bring- 
ing them  forward.  They  were. 


however,  before  the  house,  ami  u 
public  opinion  had  been  much  agi- 
tated by  the  charges  of  extrava- 
gance,  which  had  been  so  widely 
circulated  against  the  administra- 
tion, and  by  their  positive  denial 
on  the  part  of  its  adherents,  both 
parties  felt  in  some  measure  com- 
pelled to  go  into  the  investigation. 

Earnest  efforts  were  made  by 
both  parties  to  give  such  a  direc- 
tion to  the  proposed  inquiry,  as 
should  not  injure  their  respective 
sides  of  the  question  in  the  pub- 
lic estimation  :  the  administration 
party  endeavouring  to  extend  the 
inquiry,  so  that  it  should  be  an  ex- 
amination of  the  comparative  eco- 
nomy of  the  present  with  past  ad- 
ministrations ;  while  the  opposi- 
tion sought  to  confine  it  to  an  in- 
vestigation into  the  contingent  and 
diplomatic  expenses  of  the  govern- 
ment. After  debating  this  subject 
from  the  22d  of  January,  until  the 
6th  of  February,  the  house  deter- 
mined, on  motion  of  Mr.  Hamilton, 
by  a  vote  of  112  to  74,  to  appoint 
a  select  committee  to  inquire  into 
what  retrenchments  ought  to  be 
made  in  the  number  of  the  officers 
of  the  federal  government,  and  in 
the  amount  of  their  salaries;  and 
especially  to  inquire  into  the  expen- 
ses of  the  post-office,  the  treasu- 
ry, navy,  war,  Indian,  and  state 
departments ;  the  expenses  of  fo- 
reign intercourse ;  and  further,  to  re- 
port on  the  manner  in  which  the 
various  contingent  funds,  and  the 


RETRENCHMENT  COMMITTEE. 


19 


secret  service  fund,  had  been  ex- 
pended.  On  motion  of  Mr.  Do rsey, 
the  committee  was  directed  to  ex- 
tend the  inquiry  concerning  the  ex- 
penditure of  the  secret  service  fund 
back  to  the  commencement  of  the  fe- 
deral government,  93  affirmative,  86 
negative.  The  resolution  then  pass- 
ed unanimously,  and  Messrs.  Ha- 
milton,  Ingham.  Sergeant,  Rives, 
Everett,  Wickliffe  and  Cambreling, 
were  appointed  a  select  committee. 

After  a  long  and  minute  investi- 
gation into  the  subjects  compre- 
hended in  the  resolutions,  during 
which  the  clerks  and  other  officers 
of  the  government  were  examined 
in  relation  to  the  contingent  and 
other  expenses  of  the  departments : 
on  the  15th  of  May,  shortly  before 
the  termination  of  the  session,  the 
committee  made  a  report,  and 
Messrs.  Sergeant  and  Everett,  the 
minority  of  that  committee,  submit- 
ted a  counter  report. 

These  reports  comprehended  the 
whole  subject  of  the  discretionary 
expenditure  of  the  executive  part 
of  the  government,  and  contained  a 
statement  of  the  respective  views 
and  principles  of  the  opposition  and 
administration  parties  concerning 
the  projected  reform  in  the  federal 
government. 

After  stating  the  course  taken 
by  the  committee,  in  the  inquiry  it 
was  directed  to  make,  the  report 
proceeds  to  state,  that  it  was  impos- 
sible to  institute  any  effective 
scheme  of  retrenchment  without  the 


cordial  co-operation  of  the  execu- 
tive ;  and  that  all  the  heads  of  de- 
partments replied  to  the  inquiry  of 
the  committee,  that  neither  the  num- 
ber, nor  the  salaries  of  the  officers 
in  their  respective  departments 
could  be  diminished  with  safety  to 
the  public  interest.  It  however 
stated  the  conviction  of  the  com- 
mittee, that  by  a  judicious  reform 
on  the  part  of  the  executive,  at 
least  one  third  of  the  present  num- 
ber of  clerks  might  be  dispensed 
with  ;  and  that  by  a  new  distribution 
of  office  hours,  an  additional  saving 
of  nearly  one  third  in  expense 
might  be  expected. 

The  committee  then  went  on  to 
recommend  a  substitution  of  charge 
d'affairs,  instead  of  ministers  ple- 
nipotentiary at  Colombia  and  Ma- 
drid ;  and  that  only  consuls  gene- 
ral should  be  kept  at  Naples,  Gua- 
temala, Chili,  and  Buenos  Ay  res. 

A  specific  appropriation  of  from 
$300  to  $600  was  recommended 
for  the  contingent  expenses  of  each 
mission  ;  instead  of  a  general  ap- 
propriation for  the  contingent  ex- 
penses of  all  missions  abroad. 

A  comparison  was  then  made  of 
the  expenses  of  the  state  depart- 
ment, for  the  three  past  years  of  the 
present,  with  the  three  last  years 
of  the  preceding  administration, 
which  gave  the  following  result : 

Last  Administration. 
1822,  $173,5579.51 


1823, 
1824, 


314,668.56 
27D,731 .27 


Present  Administration  • 

1825,  $306,73 1. 74 

1826,  255,296.20 

1827,  287,463.42 


This  difference  in  favour  of  the 


fco 


\.NMAI,  KK<4ISTER,  le*a 7-9-0. 


1022,  $239,450 

1823,  154,800 

1824,  309,350 


economy  of  the  last  administration 
was  increased,  in  the  opinion  of 
the  committee,  after  deducting  the 
amount  paid  for  incidental  ex- 
penses growing  out  of  the  treaties 
of  Ghent  and  of  Florida,  which 
were  extraordinary  expenses,  and 
did  not  afford  any  test  of  the  econo- 
my of  the  expenditures  of  the  state 
department.  For  these  objects 
there  were  expended  8126,603.97 
under  the  last,  and  $71,679.63  un- 
the  present  administration. 

The  appropriations  for  the  same 
years  were,  for  the  state  depart- 
ment, 

lf:-2r>,  $336,050 

1826,  3.50,932 

1827,  290,550 

The  expenditure  from  the  con- 
tingent fund,  denominated  "  secret 
service  money,"  for  the  same  time, 
were, 

1822,  nothing        1R25,  $1,700.00 

1823,  $3,000     1826,    1,666.66 

1824,  2,130     1827,    8,968.01 

The  committee  recommended 
the  abolition  of  this  fund,  in  time 
of  peace,  and  that  all  expenses  un- 
der it  during  war,  should  be  ac- 
counted for  at  the  termination  of 
the  war. 

In  the  treasury  department,  a  sim- 
plification of  the  mode  by  which  the 
public  moneys  were  disbursed  and 
accounted  for,  was  proposed,  and 
also  that  the  offices  of  second  comp- 
troller and  second  auditor  should 
be  abolished.  It  was  also  propo- 
sed to  increase  the  duties  and  sala- 
ry of  the  attorney  general,  by  pla- 
cing him  at  the  head  of  a  law  board, 


consisting  of  the  comptroller  am! 
the  four  auditors,  for  examining  and 
auditing  all  contested  claims  against 
the  United  States. 

A  comparison  was  then  made  of 
the  contingent  expenses  of  that  de- 
partment for  the  six  years  above 
mentioned,  and  the  result  was,  ex- 
cluding the  land  office, 

1822-3-4,     -     -   $63,803.73 

1825-6-7,     -     -      72,495.63 

Including  the  land  office,  the  re- 
sult was,  during  the  former  pe- 
riod,   $96,407.46 

During  the  latter  period,  95,045.59 

The  average  contingent  expen- 
ses of  all  the  departments,  during 
the  last  four  years  of  Washington's 
administration,  amounted  to  less 
than  $17,000. 

During  the  first  term  of  Mr.  Jef- 
ferson's administration,  the  annual 
contingent  expenses  of  the  de- 
partments, amounted  to  less  than 
$29,000;  and,  during  Mr.  Madi- 
son's administration,  until  the  war 
with  Great  Britain,  they  amounted 
to  $30,000.  The  war  caused  extra- 
ordinary expenses,  but  it  was  now 
the  time,  in  the  opinion  of  the  com- 
mittee, for  these  expenses  to  return 
to  the  former  rates ;  yet  the  average 
contingencies  of  the  departments 
now  amounted  to  $77,454. 

In  the  navy  department,  the  com- 
mittee thought  that  some  of  the  con- 
tingencies were  large,  especially 
the  expenses  of  court  martials  from 
January,  1824,  to  September,  1825, 
amounting  to  $18,977.  The  of- 
fice contingencies  of  the  depart- 


RETRENCHMENT  COMMITTEE 


merit  were,  during  the  three  last 
years  of  Mr.  Monroe's  administra- 
tion, as  follows : 
In   the   secretary's  of-  , 

fice,     .         .  $6,942.44 

In  the  office  of  the  na- 
vy commissioners,          4,194.57 
During  the  three  first  years  of 
Mr.  Adams'  administration, 
In   the   secretary's  of- 
fice,    .         .         .      $8,886.53 
lit  the  office  of  the  na- 
vy commissioners,          5,194.83 
In  the  war  department,  the  com- 
mittee admitted  that  the  organiza- 
tion of  the  department  was  excel- 
lent,  and  the  industry  and  intelli- 
gence of  the  officers  at  the  head 
of  the   different   branches  of  the 
staff,  were  undeniable  ;  and  stated 
that  these  things,  which  were  attri- 
butable to  the  late  secretary,  Mr. 
Calhoun,    had  produced    a    more 
rigid  enforcement  of  accountabili- 
ty throughout  the  service. 

The  business  of  the  department, 
however,  had  diminished,  and  the 
reduction  of  its  expenses  had  not 
been  in  proportion  to  the  reduction 
of  its  business.  During  the  three 
years  of  1819-20  and  21,  the  ex- 
penses of  the  establishment  were 
in  a  course  of  reduction,  so  that  the 
expense  of  each  individual  in  actu- 
al service,  in  those  years,  were  as 
follows:  In  1819,  $434, 

1820,  315, 

1821,  287. 

The  expenditures  through  this 
department,  during  the  periods  be- 


tween which  a  comparison  was  in- 
stituted, presented  the  following  re- 


sults. 

1822,  $5,467,424 

1823,  5,279,740 

1824,  5,259,615 


1825,  §5,750,774 

1826,  6,195,281 

1827,  5,707,899 


The  office  contingent  expenses, 
during  the  former  period,  were 
$21.707  ;  during  the  latter  period. 
$28,676. 

The  appropriation  for  the  con- 
tingencies of  the  Indian  depart, 
ment,  was  said  to  be  peculiarly  lia- 
ble to  abuse  ;  and,  to  guard  against 
a  repetition  of  some  abuses  which 
were  charged,  specific  appropria- 
tions were  recommended  for  each 
item,  instead  of  one  general  appro- 
priation. 

The  expenses  of  the  post  office 
department  were  said  to  be  increas- 
ing ;  but  in  this  department  the  com- 
mittee found  nothing,  which  did  not 
meet  with  unqualified  approbation. 
The  amount  annually  expended  by 
the  departments  for  advertising, 
printing,  and  newspapers,  amount- 
ed to  $6,199.63,  for  newspapers 
for  the  four  departments ;  to 
$57,656.51  for  printing  for  the 
same ;  and  to  $14,174  for  the  gene- 
ral post  office.  This  amount  of  pa- 
tronage in  the  hands  of  the  execu- 
tive, the  committee  were  of  opinion, 
invested  it  with  a  direct  influence 
over  the  public  press,  and  that  such 
a  pecuniary  censorship  must  ulti- 
mately corrupt  its  conductors. 

Believing  that  no  wise,  virtuous, 
and  patriotic  administration  re- 
quired the  aid  of  a  government 


ANNUAL  REGISTER,  lssJT-S-9. 


press,  the  committee  proposed  to 
abolish  this  branch  of  executive  pa- 
tronage, by  causing  the  laws  of 
the  United  States  to  be  printed 
under  the  direction  of  the  clerks 
of  the  Senate  and  house  of  Repre- 
sentatives : 

2nd.  by  directing  the  laws  to 
be  printed  in  such  newspapers  as 
are  designated  by  the  state  legisla- 
tures to  publish  the  state  laws  : 

3d.  that  the  printers  for  con- 
gress shall  publish  the  laws  within 
the  district  of  Columbia,  and  also 
the  advertisements  for  the  Depart- 
ments  : 

4th.  that  all  the  job  printing  of 
the  Departments,  shall  be  per- 
formed by  contract,  and  given  to 
the  lowest  bidder  : 

5th.  that  the  laws  shall  be  dis- 
tributed through  the  mail,  and  not 
by  special  messengers  : 

6th.  and  to  limit  the  depart- 
ments in  subscribing  to  news- 
papers, by  specific  appropriations. 

In  the  fixed  and  contingent  ex- 
penses of  congress,  the  committee 
thought  there  existed  great  abuses. 
It  proposed  in  order  to  diminish 
the  duration  of  the  long  session,  to 
reduce  the  per  diem  allowance  to 
members  after  the  1st  Monday  of 
April,  in  each  year,  to  82.  It  also 
proposed  that  the  accounts  of  each 
member  should  be  certified  upon 
honour,  and  that  the  exact  mileage 
from  his  place  of  residence  should 
be  computed  from  the  statement  of 
thp  Post  Mnster  General.  A  re- 


form was  recommended  in  the 
mode  of  printing  the  public  docu- 
ments— that  the  practice  of  folding 
any  documents,  except  those  print- 
ed by  order  of  congress  in  the 
public  stationary,  be  prohibited, 
that  item  having,  during  that  ses- 
sion, already  amounted  to  501 
reams,  costing  $2,200 ;  and  to 
abrogate  the  privilege  given  to 
each  member,  to  subscribe  for  3 
daily  papers  at  the  public  expense. 
It  also  proposed,  with  the  view 
of  more  speedily  extinguishing  the 
public  debt,  an  exchange  of  the  6 
per  cent,  stock,  now  and  hereafter 
redeemable  at  the  pleasure  of  the 
government,  for  a  new  stock  bear- 
ing an  interest  of  4^  per  cent. 
A  comparative  statement  was  then 
given  of  the  average  expenses  of 
the  government  during  former  ad- 
ministrations, by  which  it  appeared 
that  the  expenses  of  the  federal 
government,  while  Washington 
was  President,  averaged  annually 
$2,794,222 

During  John  Adams'    administra- 
tion 5,337,088 
During  Thomas  Jefferson's 

5,137,599 

During  James  Madison's,  before 
the  war  with  Great  Britain 

6,106,120 

And    during  James    Monroe's   in 
1822-3-4  9,980,(J48 

excluding  the  $5,000,000,  paid  for 
Florida. 

The  three  years  of  the  present 
administration,  $12,427.755 


RETRENCHMENT  COMMITTEE. 


This  steady  progressive  increase 
of  expenditure,  they  said,  afforded 
just  cause  of  alarm  ;  and  although 
the  Executive  was  not  solely  re- 
sponsible for  the  aggregate  expen- 
ses, as  many  of  them  were  the 
result  of  legislation  by  congress  ; 
still,  the  amount  was  made  up  of 
sums,  the  disbursement  of  which 
depended  on  his  discretion,  and  the 
appropriations  were  made  on  the 
executive  es:imates  and  recom- 
mendations, for  which  he  was  pri- 
marily and  ultimately  responsible. 
Strong  inferences  were  drawn 
against  the  frugality,  and  even  the 
purity,  of  the  present  administra- 
tion ;  and  the  committee,  in  con- 
clusion, stated,  that  the  session  was 
too  far  advanced  to  allow  of  any  of 
the  proposed  reforms  to  be  acted  on 
at  present,  but  that  it  contemplated 
to  bring  in  bills  for  that  purpose, 
at  some  future  period. 

The  minority  of  the  committee 
did  not  concur  in  the  view  given  of 
the  comparative  economy  of  the 
present  administration,  and  offered 
a  counter  report  on  the  subjects 
submitted  to  their  consideration. 
This  report,  admitting  the  increase 
of  general  expenditure,  went  on  to 
justify  it,  and  to  vindicate  the  pre- 
sent administration  from  the  char- 
ges of  extravagance  in  expending 
the  public  moneys,  and  careless- 
ness in  the  application  of  the  va- 
rious contingent  funds  of  the  go- 
vernment.  The  public  expendi- 


tures was  divided  into  two  general 
heads. 

1.  For  objects  of  public  service. 

2.  For  the   official   agency   by 
means    of  which   that   service    is 
carried  on,  and  the  expenses  in- 
cident to  that  agency. 

The  expenditures  under  the  first 
head,  constituting  the  great  mass 
of  payments  from  the  treasury, 
depend  entirely  upon  the  wisdom 
of  congress,  by  whose  direction 
they  are  made.  They  are  regu- 
lated by  the  nature  and  extent  of 
the  establishments,  created  and 
maintained  by  order  of  congress, 
and  of  the  services  directed  by  law 
to  be  performed  for  the  benefit  of 
the  country. 

The  greater  part  of  the  second 
class  of  expenditures,  are  also 
regulated  by  congress.  They 
chiefly  consist  of  fixed  salaries 
payable  to  officers  created  by  law. 
The  number  of  clerks,  and  other 
persons  employed  in  each  depart- 
ment, and  their  compensations,  are 
all  fixed  by  law,  and  they  cannot 
be  diminished,  except  by  act  of 
congress. 

For  the  other,  denominated  con- 
tingent expenses,  such  as  fuel, 
stationary,  office  furniture,  and 
the  like,  appropriations  are  made, 
founded  upon  estimates  annually 
furnished  to  congress,  and  there 
subjected  to  rigid  examination. 
The  proportion  which  these  expen- 
ses bear  to  the  whole,  is  but  small. 


ANNUAL  REGISTER,  ib27-b-9. 


Thus,  when  the  whole  executive 
expenses  amounted  to  $489,776, 
the  allowance  for  contingent  ex- 
penses amounted  only  to  $60,905. 

The  expenditure  of  this  sum 
must  be  duly  accounted  for  to  the 
accounting  officers  of  the  govern, 
ment,  and  is  subjected  to  the  same 
scrutiny  as  all  other  accounts. 

The  expenditures  under  the  se- 
cond head,  being  incident  to  carry, 
ing  the  laws  into  effect,  every  en- 
actrnent  increasing  the  branch  of 
public  service  confided  to  the  care 
of  either  of  the  departments,  must 
produce  an  augmentation  of  the  ex. 
penses  of  that  department. 

Congress  originates  the  mea- 
sures to  be  pursued,  and  provides 
the  means  of  carrying  them  into 
effect.  Upon  the  will  of  that  body, 
therefore,  must  the  aggregate  ex- 
pense  of  the  government  depend, 
and  the  aggregate  expense  of  the 
executive  department  must  bear 
some  relation  to  the  total  aggre- 
gate of  the  first  class  of  public  ex- 
penditures. 

These  are  divided  into  five  heads, 
civil,  miscellaneous  and  diplomatic, 
and  the  military  and  naval  estab- 
lishments. 

The  civil  expenses  include  those 
of  the  congress,  executive  depart, 
ment,  territorial  governments,  and 
the  judiciary,  and  amounted,  in  the 
year  1826,  which  was  taken  from 
an  example,  to  $1,256,745. 

The  miscellaneous  consist  of 
the  mint,  lighthouses,  marine  hos- 


pital,  public  buildings,  survey  ol' 
public  lands,  roads  and  canals,  and 
incidental  expenses,  and  amounted 
to  $1,110,713. 

The  diplomatic  comprehend  the 
expenses  of  foreign  intercourse, 
payments  under  various  treaties, 
relief  and  protection  of  Ameri- 
can seamen  abroad,  amounting  to 
$232,719. 

The  military  establishment,  in- 
eluding  the  pensions,  continuation 
of  Cumberland  road,  military  aca- 
demy, Indian  department,  &c. 
amount  to  $6,249,236,  and  the 
naval  establishment  to  4,218,902. 

It  is  obvious,  from  an  inspection 
of  the  items,  that  the  aggregate  is 
the  result  of  the  deliberate  deci- 
sion of  congress,  upon  the  several 
branches  of  the  public  service,  af- 
ter a  careful  examination  of  the 
wants  and  means  of  the  nation. 
The  different  appropriations  have 
all  been  repeatedly  discussed,  in 
general  and  in  detail,  and  the  pre- 
sumption is,  that  they  are  not  great- 
er than  they  ought  to  be.  The  ex- 
penditure,  however,  has  not  ex- 
ceeded  the  income ;  no  new  debt 
has  been  contracted  ;  on  the  con. 
trary,  a  large  portion  of  the  pre-ex- 
isting  debt  has  been  discharged, 
and  a  surplus  of  above  $6,000,000 
left  unappropriated  in  the  treasury. 

The  mere  fact  that  the  expendi- 
ture has  been  constantly  increas- 
ing,  so  far  from  being  a  just  cause  of 
alarm,  was  what  every  friend  of  his 
country  might  have  expected.  It 


RETRENCHMENT  COMMITTEE . 


is  the  effect,  and,  in  some  measure, 
also  the  cause  of  the  growth  and 
the  increasing  prosperity  of  the  na- 
tion. During  the  administration  of 
Washington,  when  the  average  ex- 
penditure was  but  $2,794,222,  the 
average  population  of  the  United 
States  was  about  four  millions  and 
a  half.  It  is  now  about  twelve 
millions. 

The  valuation  of  real  estate  in 
1799,  amounted  to  $619,977,000  ; 
in  1815,  it  amounted  to  $1,902,- 
296,000. 

During  the  period  first  mention- 
ed, there  were  but  thirteen  states, 
represented  by  sixty-five  members 
in  the  house,  and  twenty-six  sena- 
tors. Now  there  were  twenty-four 
states,  represented  by  two  hundred 
and  thirteen  members  and  forty- 
eight  senators. 

The  contingent  expenses  of  con- 
gress in  1796,  the  largest  of  the 
first  period,  were  but  $11,550;  in 
1826,  they  amounted  to  $66,000. 

The  whole  civil  list  in  that  year 
cost  but $447,139.  In  1824,the  ex- 
penses of  congress  alone  amount- 
ed  to  $600,956;  in  1826,  to 
$597,698. 

Comparisons,  however,  of  one 
year  with  another,  or  of  the  ave- 
rage  of  expenditures  for  given  pe- 
riods,  must  prove  unsatisfactory 
and  inconclusive.  Such  compari- 
sons would  prove  that  one  congress 
was  extravagant,  compared  with 
another  ;  that  the  average  expendi- 
ture during  Mr.  Jefferson's  admi- 

VOL.  III. 


nistration,  was  nearly  double  what  it 
was  during  General  Washington's ; 
and  that  under  the  presidency  of 
Mr.  Madison,  there  was  an  addition 
of  one  fifth  to  the  average  annual 
expenditure. 

The  only  true  rule  to  determine, 
whether  an  expenditure  is  extrava- 
gant or  economical,  is  its  character, 
and  not  its  amount.  To  arrive  at 
any  satisfactory  result,  it  would  be 
necessary  to  examine  each  specific 
expenditure,  its  relation  to  the  ge- 
neral concerns  of  the  country,  and 
then  to  decide  whether  it  was  equi- 
valent to  its  object.  This  is  the 
very  work  that  congress  is  con- 
stantly engaged  in,  and  has  been 
occupied  with  from  the  commence- 
ment of  the  government. 

Every  expenditure  originated  in 
some  measure,  which  congress  has 
decided  to  be  proper ;  and.  its  con- 
tinuance is  owing  to  the  continued 
conviction  of  that  body,  that  the 
measure  is  suited  to  the  circum- 
stances  and  wants  of  the  country. 
If  the  same  amount  of  service 
should  cost  more  at  one  time  than 
at  another,  it  might  naturally  lead 
to  inquiry;  but  if  the  amount  of 
service  has  been  increased,  or  the 
objects  of  expenditure  multiplied, 
its  increase  is  a  matter  of  course. 

The  amount  of  public  revenue 
bears  nearly  the  same  proportion 
to  the  population  of  the  United 
States,  that  it  did  at  the  commence- 
ment of  the  government.  The  in- 
dividual contribution  of  each  riti. 


ANNUAL  REGISTER,  1827-8-9. 


zen,  in  1796,  (by  which  time  the 
organization  of  the  fiscal  system 
began  to  produce  its  results,)  was 
$1.50.  It  now  amounts  to  but 
$1.66  ;  a  difference  not  equivalent 
to  the  diminished  value  of  money, 
and  not  at  all  in  proportion  to  the 
augmented  resources  of  the  coun- 
try. Since  that  period,  a  navy  has 
been  created,  and  a  department 
for  that  branch  of  the  public  service 
established ;  lighthouses  have  been 
erected ;  the  harbours  on  the  sea 
coast,  and  the  navigation  of  the 
rivers  in  the  interior  improved; 
security  provided  in  case  of  war, 
by  extensive  fortifications  ;  assis- 
tance afforded  to  internal  trade  and 
intercourse  by  public  surveys  and 
national  roads  and  canals,  now 
constructed,  or  in  a  course  of  con- 
struction; and  provision  made  for 
the  declining  years  of  the  soldiers 
ef  the  revolution. 

The  amount  of  the  public  debt 
created  by  the  purchase  of  Loui- 
siana and  Florida,  and  by  the  late 
War,  has  been  diminished  as  fast  as 
the  terms  of  the  loans  would  admit ; 
and  still  a  large  surplus  revenue 
accrues  each  year,  from  the  im- 
posts on  importations.  The  man- 
ner in  which  this  revenue  has  been 
expended  upon  the  above  objects, 
under  the  direction  of  Congress, 
has,  in  general,  met  with  the  appro- 
bation of  the  people. 

Not  that  there  has  been  an  en- 
tire unanimity  of  opinion  on  this 
point.  Many,  who  entertain  a  radi- 
.oal  difference  of  opinion  as  to  the 


extent  to  which  the  powers  of  the 
federal  government  ought  to  be  ex- 
ercised for  the  benefit  of  the  nation, 
object,  of  course,  to  this  augment- 
ation of  expenditure,  as  the  means 
by  which  these  disputed  powers  are 
exercised.  They,  regard  it  with 
jealousy,  and  are  disposed  to  check 
it,  as  tending  to  overturn  their  fa- 
vourite doctrines.  Those  who  hold 
the  contrary  doctrines,  and  who,  be- 
lieving that  government  possesses 
these  powers,  are  willing  that  they 
should  be  exercised  to  effect  ob- 
jects at  once  legitimate  and  neces- 
sary, approve  of  such  reasonable 
expenditure  as  the  public  means 
will  warrant,  and  the  circumstances 
of  the  country  require. 

The  whole  question  therefore  is, 
whether  the  systematic  policy  of 
the  government,  after  having  re- 
ceived the  deliberate  and  repeated 
sanction  of  many  successive  con- 
gresses, shall  be  abandoned  or 
maintained.  Whether  the  expen- 
diture is  to  be  hereafter  increased, 
is  a  question  for  the  decision  of  con- 
gress ;  but  in  the  progressive  aug- 
mentation of  expenditure,  so  long 
as  the  revenue  is  more  than  suffi- 
cient to  meet  the  current  expenses, 
and  to  discharge  the  public  debt  as 
fast  as  it  becomes  redeemable,  the 
minority  of  the  committee  found 
nothing  to  indicate  the  necessity  of. 
retrenchment  or  reform,  or  to  in- 
duce the  belief,  that  the  government 
had  departed  from  its  original 
purity. 

The  report  then  proceeded  to  ex- 


RETRENCHMENT  COMMITTEE. 


amine  into  the  second  class  ofexpen- 
ditures  ; — those  of  the  executive 
branches  of  the  government. 

Those  expenses  for  1826,  the 
year  taken  fbr  an  example,  amount- 
ed to  $489,776,  about  one  fiftieth 
of  the  whole  expenditure. 

Of  this  sum  more  than  $400,000 
was  composed  of  compensations  fix- 
ed  by  law,  which  could  neither  be 
increased  or  diminished  by  the  ex- 
ecutive. The  residue,  amounting 
to  about  $80,000,  formed  the  con- 
tingent  funds  of  the  government. 
These  contingent  expenses  were 
so  called,  not  because  they  were 
not  necessary  and  certain  ;  but  be- 
cause they  were  for  items,  such  as 
fuel,  furniture,  stationary,  &c.,  the 
amount  of  which  could  not  be  ascer- 
tained with  precision,  in  advance. 

Estimates,  however,  were  made 
and  sent  in,  each  session,  to  con- 
gress, of  the  probable  amount 
wanted,  and  the  sums  appropriated 
were  duly  accounted  for,  at  the 
treasury  department.  A  report  was 
also  made  annually,  and  published, 
containing  the  names  of  all  persons, 
to  whom  these,  or  any  other  sums, 
are  paid  from  the  treasury,  with  the 
amounts  received  by  them  respec- 
tively. Standing  committees  were 
also  appointed  by  the  house,  at  each 
session,  to  examine  into  the  expen- 
ditures of  each  department,  and  to 
compare  them  with  the  vouchers. 
The  minority  were  of  opinion,  that 
this  branch  of  public  expenditure, 
was  sufficiently  wel!*  guarded; — 


Neither  did  they  concur  with  the 
majority  of  the  committee,  in  their 
inferences,  as  to  the  extravagance 
of  the  administration,  from  the  in- 
creased  amount  of  the  contingent 
expenses  of  the  government.  In 
the  years  1826-'27,  it  became  ne. 
cessary,  in  consequence  of  the  pro- 
visions of  the  law,  authorizing  the 
loans  of  1813  and  1814,  to  incur 
an  expense  of  $12,0t)0  for  adver. 
tising,  which  amount  was  included 
by  congress  in  the  appropriations 
for  contingent  expenses.  This  il- 
lustration proved  that  this  branch 
of  expenditure,  was  subject  to  the 
influence  of  temporary  and  unfore- 
seen causes.  The  only  generally 
and  constantly  operating  cause  in- 
fluencing it,  was,  that  the  extension 
of  the  public  service,  would  pro- 
duce an  increase  of  public  expendi. 
ture,  and  among  the  rest,  of  the  con- 
tingent  expenses.  Tested  by  this 
rule,  the  result  was,  that  while  the 
average  annual  expenditure  of  the 
years  1822, 1823,  and  1824  amoun- 
ting to  $  10,000,000,  wasaccompa. 
nied  by  an  average  contingent  ex- 
pense of  $66,793  ;  the  increased 
average  expenditure,  during  the 
years  1825,  1826,  and  1827,  of 
$12,500,000,  occasioned  an  ave- 
rage contingent  expense  of  but 
$77,454  :  the  increase  of  expendi- 
ture being  one  fourth,  and  the  in- 
crease of  contingent  expenses  be- 
ing only  one  sixth.  The  compari- 
son,  therefore,  so  far  as  it  proved 
ajiy  thing,  established  an  i 


•<•& 


AiVMJAL  REGISTER,  1827-8-9. 


vcd  economy  in  the  executive  de- 
partment. 

The  minority  then  proceeded  to 
examine  the  comparative  state- 
ments in  the  report  of  the  majority 
of  the  committee,  of  the  expenses 
of  the  different  departments. 

In  the  state  department,  they 
stated  that  the  small  appropriation 
in  1823,  was  owing  to  there  being 
a  large  unexpended  balance  of  the 
$100,000,  appropriated  for  the 
South  American  missions  ;  and  that 
an  appropriation  of  $89,550  only, 
was  asked  for  the  service  of  the 
year  1828.  This  small  appropria- 
tion only  was  required  in  conse- 
quence of  the  savings  out  of  the  ap- 
propriations of  former  years. 

As  to  the  secret  service  fund,  the 
minority  thought  it  necessary.  It 
had  been  found  so,  by  every  pre- 
ceding President  of  the  United 
States,  and  its  expenditures  must, 
of  course,  be  under  the  obligation 
of  secrecy. 

An  offer  was  made  to  the  com- 
mittee to  explain,  confidentially, 
some  expenses  under  this  head,  to 
which,  objections  were  made  ;  but 
as  the  majority  had  determined 
against  receiving  such  confidential 
explanation,  the  propriety  of  such 
expenditure  must  be  left,  where  it 
had  been  placed  by  congress,  to 
the  discretion  of  the  executive. 

The  aggregate  of  contingent  ex. 
penses  in  the  treasury  department, 
being  less,  during  the  three  years 
of  the  present,  than  during  the  three 


years  of  the  last  administration 
with  which  they  had  been  compared, 
no  explanation  was  required  ;  but 
the  minority  doubted  the  propriety 
of  altering  the  mode  by  which  the 
public  moneys  were  disbursed,  and 
thought  that  a  greater  simplification 
of  the  system  might  render  it  too 
easy  to  get  money  out  of  the  public 
treasury.  They  also  thought,  that 
the  manner  in  which  the  present 
system  of  accounting  had  been 
formed,  argued  great  deliberation 
in  its  formation ;  that  it  had  fully  an- 
swered  the  expectations  of  the  pub- 
lie,  and  they  saw  no  reason  to  con- 
cur in  the  recommendation  to  abo- 
lish the  offices  of  second  comptroller, 
and  second  auditor.  They  concurred 
in  the  recommendation  to  constitute 
a  board,  to  superintend  suits  brought 
by  the  United  States,  with  a  law  of- 
ficer at  its  head  ;  but  doubted  the 
propriety  of  devolv  ing  that  duty  up- 
on the  attorney  general. 

The  increase  of  contingent  ex- 
penses in  the  navy  department, 
amounting  to  an  average  annual  in- 
crease of  $648,  was  accompanied 
by  an  actual  increase  of  the  busi- 
ness of  the  service,  of  nearly  one- 
fourth.  During  the  first  period, 
(viz.  1822, 1823, 1824,)  the  amount 
appropriated  for  the  naval  service, 
was  $8,646,577 

During  the  second  period,  (1825, 
1826,  1827,)  it  was  $10,601,836 

During  the  first  period,  the  extra 
clerk  hire  amounted  to  $713 

For  stationary.  Si, 686 


RETRENCHMENT  COMMITTEE. 


29 


During  the  second  period,  for  ex- 
tra clerk  hire,  $2,153 

Stationary,  $2,266 

These  two  items  alone,  consti- 
tuted the  whole  difference  refer- 
red to. 

The  expenditure  through  the  war 
department,  comprehended  various 
expenses  besides  those  of  the  ar- 
my, such  as  fortifications,  pensions, 
Indian  affairs,  and  internal  im- 
provements. Only  a  small  portion 
of  those  expenses  were  within  the 
discretion  of  the  department ;  the 
larger  part  were  directed  by 
law. 

According  to  a  synopsis  of  three 
successive  periods,  of  three  years 
each,  there  appeared  to  be  a  ten- 
dency to  increased  economy  in  the 
first  class.  The  gross  expenditures 
of  the  two  periods  between  which 
a  comparison  was  instituted  by  the 
majority,  showed  an  apparent  re- 
suit  against  the  present  administra- 
tion, amounting  to  $1,627,175. 

Of  this  sum,  however,  $801,216 
were  composed  of  additions  to  the 
sums  annually  appropriated  to  for- 
tifications during  this  administra. 
tion,  beyond  what  had  been  appro- 
priated during  the  same  period  un- 
der Mr.  Monroe. 

Another  item  of  $500,000  appro- 
priated for  extinguishing  the  Creek 
title  to  lands  within  the  limits  of 
Georgia,  formed  another  portion  of 
the  excess,  and  the  residue  was 
composed  of  augmented  appropri- 
ations for  arming  the  fortifications  ; 


erecting  arsenals  ;  extending  the 
Cumberland  road,  dec.  These  items, 
growing  out  of  positive  legislation, 
together  with  an  addition  to  the 
pay  of  captains  and  subalterns,  by 
act  of  congress,  relieve  the  de- 
partment from  the  responsibility  of 
the  augmentation  of  expenditure, 
and  show  that  it  was  caused  by 
causes  beyond  its  control. 

Respecting  the  expenses  of  the 
legislative  department  of  the  go- 
vernment, while  the  minority  were 
convinced  that  they  have  increased 
in  a  greater  proportion  than  those 
of  the  executive,  they  did  not  con. 
elude  that  this  increase  was  caused 
by  want  of  economy. 

No  doubt  was  entertained  that  it 
would  be  desirable  to  shorten  the 
sessions,  and  to  reduce  the  expense 
of  public  printing.  Still  these  topics 
were  so  intimately  connected  with 
the  public  business,  a  part  of  which 
was  always  left  unfinished  by  con- 
gress, that  they  were  unwilling, 
hastily,  to  suggest  a  remedy. 

The  minority  in  conclusion  ob- 
served, that  some  of  the  topics 
commented  upon  in  the  report, 
were  new  topics  introduced  in  that 
general  report,  which  was  submit, 
ted  to  them,  for  the  first  time,  the 
morning  of  the  15th  of  May,  and 
that,  having  no  previous  notice  of 
those  matters,  they  had  prepared 
no  explanation. 

These  reports,  of  which  six  thou- 
sand copies  were  ordered  by  the 
house  to  be  printed,  for  distribution 


ANNUAL  REGISTER,  1827-8-u, 


among  their  constituents,  brought 
the  question  directly  before  the 
public,  for  its  decision.  On  one 
side,  the  augmented  expenditure  of 
the  government  was  relied  on,  to 
prove  the  extravagance  of  the  ad- 
ministration ;  and,  on  the  other,  this 
increase  was  shown,  to  be  a  neces- 
sary result  of  the  policy  deliberate- 
ly adopted  by  the  nation.  The 
continuance  of  this  policy  was, 
therefore,  properly  the  question  to 
be  decided  ;  but  so  much  of  person- 
al predeliction  and  sectional  preju- 
dice entered  into  the  contest,  that 
this  question,  the  real  one  in  issue, 
was  not  fairly  tried.  While  those 
who  opposed  the  policy,  united 
in  overturning  an  administration, 
which  had  carried  it  into  effect  to 
the  extent  of  its  means  ;  its  advo- 
cates suffered  themselves  to  be  di- 
vided by  other  topics,  which  were 
skilfully  introduced  with  the  view 
of  disuniting  them. 

Some  of  those  topics  have  been 
enumerated  in  the  commencement 
of  this  chapter.  Others  were  in- 
troduced, tending  still  more  to  in- 
flame the  public  mind,  and  to  pre- 
vent it  from  expressing  an  unbiassed 
judgment  upon  continuing  the  ex- 
isting policy  of  the  country.  In  the 
excited  state  of  popular  feeling, 
the  character  and  services  of  both 
candidates  were  overlooked  ;  and 
even  congress,  in  more  instances 
than  one,  by  a  party  vote,  mani- 
fested that  it  had  forgotten  that 
some  respect  was  due  to  the  high 


and  honourable  station  held  by  one 
of  the  candidates. 

The  example  thus  given  by  men. 
from  whose  character  and  station 
better  things  might  have  been  ex- 
pected, was  not  without  its  effect 
upon  the  community.  In  conduct- 
ing  the  political  discussions,  which 
followed  the  adjournment  of  con- 
gress, both  truth  and  propriety 
were  set  at  defiance.  The  decen- 
cies of  private  life  were  disregard- 
ed ;  conversations  and  correspon- 
dence, which  should  have  been 
confidential,  were  brought  before 
the  public  eye;  the  ruthless  war- 
fare was  carried  into  the  bosom  of 
domestic  life  ;  neither  age  nor  sex 
were  spared  ;  the  daily  press  teem- 
ed with  ribaldry  and  falsehood ;  and 
even  the  tomb  was  not  held  sacred 
from  the  rancorous  hostility  which 
distinguished  [the  party  warfare  of 
the  presidential  election  of  1828. 

Judging  from  the  public  press, 
no  one  could  have  deemed  that  one 
of  the  candidates  was  a  gallant  and 
successful  soldier,  who  had,  with 
unequalled  self-devotion  and  pa- 
triotism, rendered  to  his  country 
important  services  in  the  field,  and 
that  he  had,  on  various  occasions, 
manifested  rare  qualities  of  deci- 
sion, firmness,  and  sagacity — that 
the  other  was  the  chief  magistrate 
of  the  Union ;  a  man  of  extraordi- 
nary talents  and  learning,  of  tried 
patriotism,  of  blameless  morals,  and 
unimpeachable  integrity,  and  whose 
whole  life  had  been  devoted  to  rc«. 


PRESIDENTIAL  ELECTION. 


dering  equally  important  services 
to  his  country,  as  a  legislator  and 
statesman.  In  this  excited  state  of 
public  feeling,  the  presidential  elec- 
tion took  place,  and  resulted  in  the 
defeat  of  the  administration  party, 
after  an  animated  contest,  and  the 
most  strenuous  exertions  on  both 
sides.  In  the  electoral  colleges, 
the  vote  stood,  178  for  General 
Jackson,  83  for  Mr.  Adams.  (Vide 
table,  infra.) 


The  election  having  terminated 
unfavorably,  Mr.  Adams,  and  the 
members  of  his  administration,  turn- 
ed their  attention  to  closing  the 
business  committed  to  them,  and 
to  presenting  to  the  nation  a  full  and 
clear  statement  of  the  existing 
state  of  public  affairs,  before  they 
gave  place  to  their  successors. 
This  was  done  in  the  President's  an- 
nual message,  and  in  the  reports 


Jackson. 

Votes  at  the  polls-  Jldams 

Votes  at  the  polls- 

Maine, 

1 

13,927 

8 

20,733  Districts. 

N.  Hampshire, 

0 

20,922 

8 

24,124  General  Ticket. 

Massachusetts, 

0 

6,016 

15 

29,876  Do.         do. 

Rhode  Island, 

0 

821 

4 

2,754  Do.         do. 

Connecticut, 

0 

4,448 

8 

13,838  Do.         do. 

Vermont, 

0 

8,350 

7 

25,363  Do.         do. 

New-  York, 

20 

140,763 

16 

135,413  Districts. 

New-Jersey, 

0 

21,951 

8 

23,764  General  Ticket* 

Pennsylvania, 

28 

101,652 

0 

50,848  Do.         do. 

Delaware, 

0 

3 

Legislature. 

Maryland, 

5 

24,565 

6 

25,527  Districts. 

Virginia, 

24 

26,752 

12,101  General  Ticket. 

N.  Carolina, 

15 

37,857 

13,918  Do.         do. 

S.  Carolina, 

11 

Legislature. 

Georgia, 

9 

19,363 

No  opp.  —  Gen.  Ticket. 

Alabama, 

5 

17,138 

1,938  General  Ticket. 

Louisiana, 

5 

4,603 

4,076  Do.         do. 

Mississippi, 

3 

6,772 

1,581  Do.         do. 

Tennessee, 

11 

44,293 

2,240  Districts. 

Kentucky, 

14 

39,394 

31,460  General  Ticket. 

Ohio, 

16 

67,597 

63,396  Do.         do. 

Indiana, 

5 

22,257 

17,052  Do.         do. 

Illinois, 

3 

9,560 

4,662  Do.         do. 

Missouri, 

3 

8,272 

3,400  Do.         do. 

Mr.  Calhoun  obtained  the  same  votes  for  Vice  President,  that  Gene- 
ral Jackson  did  for  President,  except  seven  votes  in  Georgia,  which  were 
thrown  away  upon  William  Smith,  of  South  Carolina. 

Mr.  Rush  received  the  whole  vote  of  the  administration  party,  for 
President. 


ANNUAL  REGISTER,  1827-8-9. 


from  the  different  departments  to 
congress.  The  message  was  a 
concise  and  masterly  account  of  the 
condition  of  the  country.  It  was 
not  sullied  by  any  allusion  to  the 
past  contest,  nor  by  any  reference 
to  the  motives  or  conduct  of  his 
opponents.  It  recommended  to 
congress  the  different  subjects, 
which,  in  the  opinion  of  the  Presi- 
dent, required  the  attention  of  that 
body,  and  concluded  by  an  ex- 
pression of  his  continued  wish  for 
the  adoption  of  the  measures  for- 
merly recommended  by  him.  The 
contest  being  over,  the  business  of 
congress  was  transacted  with  less 
interruption  from  political  discus, 
sions  than  usual,  and  this  session  was 
characterized  by  greater  freedom 
from  party  asperity,  than  the  last. 
On  the  third  of  March,  the  President 
having  previously  left  the  govern- 
ment  palace,  relinquished  the  exe- 
cutive  powers ;  and  the  oath  of  office 
being  administered  by  the  Chief 
Justice,  to  Gen.  Jackson,  he  enter- 
ed  upon  the  administration  of  the 
government  of  the  United  States. 

Thus  terminated  the  administra- 
tion of  John  Quincy  Adams ;  and 
whatever  opinion  may  be  enter- 
tained of  its  policy,  and  its  ten- 
dency, it  cannot  be  denied  that  its 
character  was  marked  and  de- 
finite ;  and  that  it  exercised  a 
strong  influence  upon  the  interests 
of  the  country.  The  merits  and 
demerits  of  his  policy  were  posi- 
tive, and  not  negative.  Certain 


definite  objects  were  proposed  as 
desirable,  and  the  energies  of  the 
government  were  directed  towards 
their  attainment. 

The  United  States,  during  this 
administration,  enjoyed  uninter- 
rupted peace  ;  and  the  foreign  po- 
licy of  the  government  had  only  in 
view  the  maintenance  of  the  dignity 
of  the  national  character ;  the  exten- 
sion of  its  commercial  relations  ; 
and  the  successful  prosecution  of 
the  claims  of  American  citizens 
upon  foreign  governments. 

A  portion  of  these  claims  upon 
Sweden  and  Denmark,  was  obtain- 
ed, and  the  claims  which  arose 
against  the  Brazilian  government, 
during  the  war  between  that  power 
and  Buenos  Ayres,  were  speedily 
adjusted  by  the  liquidation  of  the 
claims.  The  exorbitant  preten- 
sions of  Great  Britain,  respecting 
the  West  India  trade,  were  resist- 
ed, although  at  the  expense  of  the 
direct  trade  between  the  United 
States  and  the  British  islands. 

The  difficulties  which  occurred  in 
carrying  into  effect  the  treaty  of 
Ghent,  relative  to  deported  slaves, 
and  other  property  taken  away, 
having  been  found  insurmountable, 
the  sum  of  $1,204,960,  which  was 
amply  sufficient,  was  obtained  from 
the  British  government  in  satisfac- 
tion of  these  claims.  A  convention 
was  also  concluded  with  that  go- 
vernment, and  a  mode  provided 
for  the  peaceable  settlement  of  the 
long  pending,  and  finally  threat- 


CHARACTER  01-   MR.  ADAMS'  ADMINISTRATION. 


ening  dispute  concerning  the 
north-east  boundary  of  the  United 
States.  The  treaty  of  commerce 
between  the  United  States  and 
Great  Britain,  and  the  convention 
effecting  a  temporary  compromise 
of  their  conflicting  claims  to  the 
territory  west  of  the  Rocky  moun- 
tains, both  of  which  expired  by 
their  own  limitation,  Oct.  20th, 
1828,  were  renewed  for  an  inde- 
finite period,  with  liberty  to  either 
party  to  terminate  them,  on  giving 
one  year's  notice.  Some  commer- 
cial difficulties,  which  grew  out  of 
an  adherence  of  the  government  of 
the  Netherlands,  to  the  principles  of 
discriminating  duties,  were  adjust- 
ed to  mutual  satisfaction.  New 
treaties  of  amity,  navigation  and 
commerce,  in  which  the  liberal 
principles  maintained  by  the  United 
States,  in  her  commercial  and  fo- 
reign policy,  were  generally  recog- 
nised, were  concluded  with  Colum- 
bia, Austria,  Sweden,  Denmark, 
Guatemala,  and  the  Hanseatic 
league. 

It  was,  however,  in  the  domestic 
policy  of  the  government,  that  the 
character  of  the  administration  was 
most  strongly  displayed.  During 
its  continuance  in  office,  new  and 
increased  activity  was  imparted  to 
those  powers  vested  in  the  federal 
government,  for  the  developement 
of  the  resources  of  the  country  ; 
and  the  public  revenue  liberally  ex- 
pended in  prosecuting  those  na- 
tional measures,  to  which  the  sanc- 

VOL.    HI. 


tion  of  congress  had  been  delibe- 
rately  given,  as  the  settled  policy 
of  the  government. 

More  than  one  million  of  dollars 
had  been  expended  in  enlarging 
and  maintaining  the  light-house  es- 
tablishment ;  half  a  million  in  com- 
pleting the  public  buildings ;  two 
millions  in  erecting  arsenals,  bar- 
racks, and  furnishing  the  national 
armories ;  nearly  the  same  amount 
had  been  expended  in  permanent 
additions  to  the  naval  establish- 
ment ;  upwards  of  three  millions 
had  been  devoted  to  fortifying  the 
sea  coast ;  and  more  than  four  mil- 
lions expended  in  improving  the  in- 
ternal communications  between  dif- 
ferent parts  of  the  country,  and  in 
procuring  information,  by  scientific 
surveys,  concerning  its  capacity  for 
further  improvement.  Indeed,  more 
had  been  directly  effected  by  the 
aid  of  government,  in  this  respect, 
during  Mr.  Adams'  administration, 
than  during  the  administrations  of 
all  his  predecessors.  Other  sums, 
exceeding  a  million,  had  been  ap- 
propriated for  objects  of  a  lasting 
character,  and  not  belonging  to  the 
annual  expense  of  the  government : 
making  in  the  whole,  nearly  four- 
teen million  dollars,  expended  for 
the  permanent  benefit  of  the  coun- 
try, during  this  administration. 

At  the  same  time,  the  interest  on 
the  public  debt  was  punctually  pajd, 
and  the  debt  itself  was  in  a  con- 
slant  course  of  reduction,  having 
been  diminished  $30,373,188  du. 
5 


ANNUAL  tfEGISTEK,  1627-8-9. 


ring  this  administration,  and  leaving 
due,  on  the  1st  of  January,  1829, 
$58,362,136.  Whilst  these  sums 
were  devoted  to  increasing  the  re- 
sources,  and  improving  the  condi- 
tion of  the  country,  and  in  discharg- 
ing its  pecuniary  obligations ;  those 
claims  which  were  derived,  from 
what  are  termed  the  imperfect  obli. 
gations  of  gratitude  and  humanity, 
were  not  forgotten. 

More  than  five  millions  of  dol- 
lars were  appropriated  to  solace  the 
declining  years  of  the  surviving  of- 
ficers of  the  revolution  ;  and  a  mil- 
lion and  a  half  expended  in  extin- 
guishing the  Indian  title,  and  de- 
fraying the  expense  of  the  remo- 
val, beyond  the  Mississippi,  of  such 
tribes  as  were  unqualified  for  a  re- 
sidence near  civilized  communities ; 
and  in  promoting  the  civilization  of 
those  who,  relying  on  the  faith  of 
the  United  States,  preferred  to  re- 
main on  the  lands  which  were  the 
abodes  of  their  fathers. 

In  the  condition  which  we  have 
described,  in  peace  with  all  the 
world,  with  an  increasing  revenue, 
and  with  a  surplus  of  $5,125,638 
in  the  public  treasury,  the  adminis- 
tration of  the  government  of  the 
United  States  was  surrendered  by 
Mr.  Adams,  who  became  a  private 
citizen,  to  Gen.  Jackson,  his  sue- 
cessor.  We  cannot  characterize 
the  course,  the  policy,  and  the  fate 


of  his  administration,  better  than  by 
an  extract  from  Edmund  Burke 's 
description  of  the  administration  of 
Lord  Chatham — "A  great  and  cele- 
brated name,  it  may  be  truly  called, 

"  Clarum  et  venerabile  nomen 
Gentibus,  et  multum  nostrffi  quod  prode- 
rat  urbi." 

"The  venerable  age  of  this  great 
man,  his  merited  rank,  his  superior 
qualities,  his  eminent  services,  the 
vast  space  he  fills  in  the  eye  of  man- 
kind ;  and,  more  than  all  the  rest, 
his  fall  from  power,  which,  like 
death,  canonizes  and  sanctifies  a 
great  character,  will  not  suffer  me 
to  censure  any  part  of  his  conduct. 
I  am  afraid  to  flatter  him  ;  I  am 
sure  I  am  not  disposed  to  blame 
him.  Let  those  who  have  betrayed 
him  by  their  adulation,  insult  him 
with  their  malevolence.  But  what 
I  do  not  presume  to  censure,  I  may 
have  leave  to  lament.  For  a  wise 
man,  he  seemed  to  me,  at  that  time, 
to  be  governed  too  much  by  gene- 
ral maxims. 

*'  In  consequence  of  having  put 
so  much  the  larger  part  of  his  op- 
posers  into  power,  his  own  princi- 
ples could  not  have  any  effect  or 
influence  in  the  conduct  of  affairs. 

"  When  he  had  executed  his 
plan,  he  had  not  an  inch  of  ground 
to  stand  upon.  When  he  had  ac- 
complished his  scheme  of  adminis- 
tration, he  was  no  longer  a  minis- 
ter." 


CHAPTER  II. 


Tariff.— General  view  of  the  subject. — Former  Impost  Bills. — Harris- 
burg  Convention. — Congressional  proceedings. — Resolutions  to  examine 
witnesses. — Bill  Reported. — Proceedings  in  House. — In  Senate.— 
Passage  of  Bill. — Excitement  at  the  South. — Acquiescence  in  the  Law. 


AMONG  the  most  prominent  mea- 
sures which  engaged  the  attention 
of  the  20th  Congress,  was  that  for 
the  alteration  of  the  tariff.  The 
loss  of  the  woollens  bill,  at  the 
close  of  the  last  congress,  had 
produced  much  excitement  in  the 
northern  and  western  states ;  and 
measures  had  been  taken,  to  urge 
the  subject  upon  the  favourable 
consideration  of  that  body  when  it 
re- assembled.  The  general  rea- 
sons, briefly  stated  in  the  last  vo- 
lume in  favour  of  the  protection  of 
domestic  manufactures,  had  lost 
none  of  their  force  in  the  public 
mind  ;  and  other  reasons,  derived 
from  the  operation  of  the  revenue 
systems  of  foreign  countries,  upon 
our  trade,  gave  additional  validity 
to  those  topics  which  were  usually 
urged  in  favour  of  manufactures  at 
home. 

The  illiberal  commercial  system 
of  Great  Britain,  excluded  from 
her  ports  the  staple  productions 
of  the  northern  and  western 
states  ;  and  only  the  produce  of  the 


south  was  admitted  in  return  for 
the  admission  of  all  British  manu- 
factures, into  the  ports  of  the  Uni- 
ted States.  It  was  similar  in  prin- 
ciple, though  not  in  degree,  to  a 
commercial  system,  which  should 
exclude  all  the  productions  of  the 
United  States,  except  the  sugar  of 
Louisiana,  from  British  ports,  while 
her  manufactures  were  admitted 
without  restraint  into  this  country. 
A  system  so  partial  and  oppres- 
sive in  its  operation  upon  the  in- 
terests of  all  the  grain-growing 
states,  had  long  called  for  the  in- 
terposition of  the  American  go- 
vernment. The  inhabitants  of 
those  states  had  been  compelled, 
by  the  inadequate  returns  which 
agricultural  pursuits  afforded,  to 
turn  their  attention  to  other  em- 
ployments. Commerce  was  found 
to  be  less  profitable,  after  f  .ie  peace 
in  Europe  augmented  competition 
in  the  carrying  trade  ;  and  manu- 
factures were  the  only  resource 
left  for  the  surplus  capital  and 
unemployed  labour  of  the  country. 


ANNUAL  REGISTER,  1827-8-9. 


By  the  operation  of  these  cir- 
cumstances, a  strong  feeling  was 
produced  in  favour  of  an  augmenta- 
tion of  the  tariff  on  British  manu- 
factures among  two  classes  of  citi- 
zens ;  and  its  policy  defended  on 
two  distinct  grounds,  although  it 
had  in  view  the  same  ultimate  end. 
These  were,  to  carry  out  the  princi- 
ples of  reciprocity  which  pervaded 
the  commercial  system  of  the  Uni- 
ted States,  and  to  tax  the  admis- 
sion of  the  British  staple  manufac- 
tures, in  some  proportion  to  the  duty 
imposed  on  the  importation  of  the 
great  staples  of  the  United  States, 
into  British  possessions  ;  and  the 
other,  which  was  rather  a  conse- 
quence than  an  end,  to  create 
employment  for  American  capital 
and  labour,  and  at  the  same  time  to 
build  up  the  manufactures  of  the 
country,  and  to  naturalize  the  arts 
of  Europe  on  the  American  conti- 
nent. 

This  was,  indeed,  the  inevitable 
consequence  ;  and  any  augmenta- 
tion of  the  tariff  must  necessarily 
lead  to  such  a  result,  so  long  as 
the  nation  was  bound  by  treaty, 
from  making  any  distinction  be- 
tween the  productions  of  England 
and  those  of  any  other  country. 
These  conventional  stipulations 
compelled  congress  to  place  Bri- 
tish  manufactures  on  the  same 
footing  with  those  of  all  other  na- 
tions; and  by  preventing  a  strict  ap- 
plication of  the  principles  of  recipro- 
city, induced  that  body,  in  increas- 


ing the  tariff,  to  keep  in  view  the 
ability  of  the  country  to  supply  its 
wants,  and  to  sustain  permanently 
the  manufacture,  for  whose  protec- 
tion the  duty  was  to  be  imposed. 
The  duty  to  be  laid  would  neces- 
sarily enhance  the  price  of  the  ar- 
ticle, until  the  encouragement  af- 
forded by  high  profits  had  brought 
capital  into  that  branch  of  business, 
and  reduced  the  price,  by  domestic 
competition,  to  the  lowest  rate  of 
profit.  The  manufacture  then  be- 
ing established,  would  either  sub- 
sist by  its  own  power  of  sustaining 
itself,  even  if  the  protecting  duty 
should  be  taken  off;  or  if  it  could 
not  compete  with  the  foreign  manu- 
facture, the  capital  invested  in  the 
business  would  prevent  any  dimi- 
nution of  the  duty,  except  some  ex-' 
traordinary  change  in  the  commer- 
cial policy  of  the  country  should 
justify  the  sacrifice  of  so  much 
capital.  The  policy,  therefore, 
must  prove  permanent ;  and  such 
laws  could  not,  like  other  retalia- 
tory commercial  regulations,  be  re- 
moved, when  they  had  produced 
a  melioration  of  the  prohibitory 
laws  of  other  nations.  The  law,« 
were,  however,  designed  to  regu- 
late commerce ;  and,  although  such 
considerations,  and  the  collateral 
consequences  of  adopting  such  a 
policy,  compelled  congress  to  take 
into  view  its  effects  upon  the  do- 
mestic industry  of  the  country :  it 
was  strictly  retaliatory  in  its  cha- 
racter, and  was  one  of  those  pow- 


TARIFF. 


.ers  originally  vested  in  the  federal 
government,  for  the  purpose  of 
protecting  American  trade  from 
the  hostile  legislation  of  the  colo- 
nial powers  of  Europe.  The  great- 
est portion  of  the  commerce  of  the 
United  States  being  with  Great 
Britain,  the  policy  chiefly  affected 
her  manufactures  ;  and  the  course 
of  trade  with  that  power  formed 
the  data  upon  which  its  details 
were  established. 

The  annual  importations  from 
Great  Britain  amount  to  about 
$28,000,000,  of  which,  between 
seven  and  eight  millions  consist  of 
cotton,  and  a  like  amount  in  wool- 
len goods  ;  and  between  three  and 
four  millions  of  iron,  steel,  and 
hardware. 

The  productions  of  the  United 
States,  exported  in  exchange  for 
this  amount,  consist  almost  solely  of 
the  produce  of  the  planting  states  ; 
the  cotton,  rice,  and  tobacco  alone 
amounting,  according  to  the  custom 
house  returns,  to  $28,000,000  an- 
nually, of  which,  about  $24,000,000 
are  sent  to  Great  Britain.  The 
produce  of  the  grain-growing  states 
being  excluded  from  Great  Britain, 
the  exchange  is  confined  to  the  pro- 
duce of  the  planting  states,  for  Bri- 
tish manufactures  ;  of  which,  about 
four  fifths  are  consumed  by  the  in- 
habitants of  the  other  states.  The 
equilibrium  of  trade  is  restored  by 
the  consumption,  at  the  south,  of 
northern  produce  and  manufac- 
tures ;  so  that  as  between  the  dif- 


ferent portions  of  this  country  no 
difficulty  exists ;  but  with  Great 
Britain  an  inequality  arises,  from 
the  trade  being  forced  by  her  reve- 
nue laws,  from  its  natural  course  of 
a  direct  exchange  of  grain  and 
lumber  for  cotton  and  woollen  ma- 
nufactures, to  a  circuitous  route  ; 
compelling  the  farmers  of  the  east- 
ern and  western  states  to  carry 
their  produce  to  a  disadvantageous 
market,  in  exchange  for  what  they 
consume.  American  capital  and 
industry  are  thus  forced  from  their 
natural  employments,  by  foreign 
commercial  regulations;  and  the 
unfavourable  operation  of  this  sys- 
tem upon  the  northern  and  western 
states,  produced  a  general  feeling 
in  favour  of  retaliatory  measures  ; 
and  congress  was  called  upon  by 
the  inhabitants  of  those  states,  to 
augment  the  duties  on  the  staple 
manufactures  of  Great  Britain,  in 
order  to  bring  home  to  her  some  of 
the  evils,  which  her  monopolizing 
policy  was  inflicting  upon  other 
countries.  This  feeling,  which  was 
the  origin  of  the  tariff  policy,  was 
manifested  more  strongly  after 
the  pacification  of  Europe.  Pre- 
vious to  that  event,  impatience  had 
sometimes  been  manifested,  at  the 
partial  character  and  oppressive 
effect  of  the  British  corn  laws  upon 
American  commerce  ;  and  various 
attempts  were  made  to  modify  our 
revenue  system,  with  the  view  of 
retaliating  upon  British  manufac- 
tures. Some  principles  of  this 


38 


ANNUAL  REGISTER,  1827-8-9. 


character   were  engrafted   in  the 
first  revenue   law  passed  by   the 
federal  government;  and  the   de- 
mand  for   American   productions, 
created  by  the  convulsions  in  Eu- 
rope,   alone   prevented  the  vigo- 
rous  prosecution  of  the  policy.     In 
1816,  another  step  was  taken,  and 
increased  duties   were   laid   upon 
many  foreign  manufactures.     This 
law  was  enacted  rather  to  prevent 
anticipated  evils,  than  to  remedy 
any   actually    felt.      It   was   not, 
therefore,  so  much  the  result   of 
public  opinion,  as  an  exertion  of 
foresight  on  the  part  of  congress. 
A  few  years  of  experience,  under 
the  uninterrupted  operation  of  the 
commercial  regulations  of  the  two 
countries,   demonstrated  that  ine- 
qualities still  existed,  and  produced 
the  conviction  that  a  further  modi- 
fication  of  our  revenue  laws  was 
necessary,   for  the   protection   of 
our  trade,  and  to   insure   its   ad- 
mission into  the  British   market. 
The   people  themselves  took  the 
lead,  and  gave  the  impulse  to  con- 
gress.     An  unsuccessful   attempt 
was  made  in  1822.     In  1824,  the 
attempt    succeeded,    and   various 
augmentations  in  the  imposts  were 
made,  with  the  view  of  protecting 
American  manufactures,  and  to  se- 
cure to  them  the  domestic  market. 
On  some  articles  of  foreign  manu- 
facture, and  more  especially,  on 
the  great  British  staple  of  cotton 
cloths,  duties  were  imposed  almost 
prohibitory,  except  on  those  of  the 


finer  kind  ;  and  the  experience  ot'  a 
few  years,  established  our  ability 
to  supply  ourselves  with  manufac- 
tured cottons,  upon  better  terms 
than  they  could  be  procured  from 
England. 

On  woollen  manufactures,  the 
duty  imposed  in  1824  proved  in- 
adequate for  protection ;  and  the 
languishing  state  of  that  manufac- 
ture indicated  the  ruin  of  those 
engaged  in  it,  without  further  legis- 
lative  encouragement.  This  en- 
couragement was  also  asked,  on 
the  ground,  that  the  British  Parlia- 
ment, contemporaneously  with  the 
passage  of  the  law  of  1824,  and 
with  the  view  of  defeating  it,  modi- 
fied its  revenue  laws  for  the  pur- 
pose of  placing  the  British  woollen 
manufacturer,  upon  a  better  footing 
than  he  was  before.  As  the  law 
of  1824  was  intended  to  give  to  the 
American,  a  comparative  advan- 
tage over  the  British  manufacturer : 
there  was  an  obvious  propriety,  pro- 
vided the  policy  was  correct,  in 
adopting  further  measures  counter- 
acting the  British  acts,  passed  with 
the  view  of  defeating  that  object. 
Upon  these  grounds,  and  other  con- 
siderations of  a  general  nature, 
which  were  set  forth  in  the  intro- 
duction to  the  tariff  discussion  in 
the  last  year's  Register,  application 
was  made  to  the  19th  congress,  for 
an  increase  of  duties  on  imported 
woollens.  After  a  long,  and  ani- 
mated discussion,  the  bill  received 
the  sanction  of  the  house,  106  to 


TARIFF. 


95  ;  but  was  laid  on  the  table  (which 
was  equivalent  to  rejection)  in  the 
senate,  by  the  casting  vote  of  the 
Vice-President.  Steps  were  imme- 
diately taken,  to  bring  the  subject 
again  before  congress ;  and  a  ge- 
neral convention  of  delegates  from 
the  states  was  held  at  Harrisburg, 
with  the  view  of  concentrating  pub- 
lie  opinion,  and  to  obtain  an  harmo- 
nious co-operation  in  the  measures 
to  be  taken,  for  the  encouragement 
of  domestic  manufactures. 

In  the  convention  which  assem- 
bled on  the  30th  July,  1827,  dele- 
gations appeared  from  the  states  of 
New-Hampshire,  Massachusetts, 
Rhode-Island,  Connecticut,  Ver- 
mont, New- York,  New-Jersey, 
Pennsylvania,  Delaware,  Maryland, 
Ohio,  Kentucky,  and  Virginia.  The 
more  distant  states  were  not  repre- 
sented, in  consequence  of  the  short 
interval  between  the  first  call  of  the 
convention,  on  the  14th  of  May, 
and  the  time  of  meeting  ;  and  the 
inhabitants  of  the  southern  states, 
being  inimical  to  the  whole  policy, 
took  no  steps  to  appoint  delegates. 
The  convention  proceeded  to  in- 
quire into  the  state  of  the  manufac- 
tures of  the  country ;  andaftermuch 
deliberation,  and  investigation,  re- 
commended a  memorial  to  con- 
gress,  asking  an  augmentation  of 
duties,  on  the  following  articles. 

To  augment  the  duties  on  cottons, 
by  increasing  the  minimum  value  to 
40  cents  per  square  yard. 

On  bar  iron,  from  90  to  112  cents 


per  cwt. ;  to  impose  a  duty  of  one 
cent  per  Ib.  on  hammered  bar  iron, 
and  a  corresponding  advance  on 
steel. 

On  raw  wool,  costing  over  8  cents 
in  a  foreign  country,  20  cents  per 
Jb.,  with  an  annual  increase  of  2£ 
cents  per  Ib.,  until  it  amounts  to  50 
cents  per  Ib. 

And  on  woollen  manufactures,  an 
ad  valorem  duty  of  40  per  cent. ;  and 
with  an  annual  increase  of  5  per  cent, 
until  it  amounted  to  50  per  cent,  and 
to  be  estimated  in  the  following 
manner.  The  minimum  valuation, 
to  be  fixed  at  50  cents  per  square 
yard ;  all  goods,  costing  over  50 
cents,  to  be  valued  at  $  2  50  per 
square  yard ;  all  goods,  costing  more 
than  $2  50,  to  be  valued  at  $4  per 
square  yard  ;  and  all  goods  costing 
over  $4,  and  not  more  than  $6,  to 
be  valued  at  $6 ;  on  woollens  of  a 
higher  price,  a  similar  ad  valorem 
duty  was  to  be  imposed.  Blankets, 
stuffs,  bombazines,  hoziery,  mits, 
caps,  and  bindings,  were  to  be  ex- 
ceptei  from  these  duties  ;  but  addi- 
tional protection  was  recommended 
for  blankets ;  and  some  measures  to 
prevent  the  frauds  of  the  foreign 
manufacturer,  and  his  agents,  on 
the  revenue.  Further  protection 
was  generally  recommended  to  the 
grower  and  manufacturer  of  hemp 
and  flax ;  and  some  measures  to  dis- 
courage the  importation  of  foreign 
spirits,  and  the  distillation  of  spirits 
from  foreign  materials. 

A  memorial  to  this  effect  was 


\NM  AL  REGISTER,  18:27-3-9. 


accordingly,  unanimously  recom- 
mended, and  the  convention  ad- 
journed. 

This  step  provoked  much  animad- 
version on  the  part  of  those,  who 
were  opposed  to  this  policy.  The 
convention  was  attacked  as  section, 
al  in  its  character,  and  as  unconsti- 
tutional in  its  tendency.  Measures 
proposed  in  a  convention,  in  which 
only  one  interest  was  represented, 
would  necessarily  be  partial,  and 
operate  injuriously  upon  the  other 
interests  of  the  country.  The 
southern  states,  not  being  directly 
interested  in  manufacturing,  were 
adverse  to  any  measures  for  the  en- 
couragement of  that  interest ;  and 
they  were  called  upon  to  array 
themselves  against  the  proposed 
modification  of  the  tariff.  The 
commercial  intercourse  with  Eu- 
rope now  consisted  of  the  exchange 
of  the  southern  staples,  for  manu- 
factures ;  and  any  disturbance  of 
the  existing  state  of  things,  would 
prove  injurious  to  the  planting  in- 
terest. The  produce  of  that  inte- 
rest now  served  as  the  means  of 
payment,  for  the  whole  national 
consumption  of  European  manu- 
factures; and  the  diminution  of 
that  consumption,  would  necessari- 
ly lessen  the  demand  for  their  pro- 
duce. Such  were  the  obvious  mo- 
tives presented  to  the  planters  of 
the  south,  to  justify  their  opposition 
to  the  tariff  policy. 

On  the  other  hand,  it  was  con- 
Jended,  that  a  convention,  repre- 


senting the  same  interest,  in  all 
portions  of  the  country,  would  be 
able  to  present  its  claims  to  the  con- 
sideration of  congress,  with  more 
weight,  as  founded  upon  better,  and 
more  extensive  information ;  and 
would  concentrate  a  greater  body 
of  public  opinion  in  its  favour. 

Any  effect,  thus  produced  upon 
the  deliberations  of  congress,  would 
be  favourable  to  a  just  conclusion. 
Ample  time  would  be  given  for  ob- 
taining accurate  information,  and 
for  previous  discussion  ;  and  the  re- 
presentative, coming  with  a  full 
knowledge  of  the  interests  and  opi- 
nions of  his  constituents,  his  deter- 
mination would  probably  be  merely 
the  embodying  of  public  sentiment. 
After  mature  consideration,  an  im- 
post system,  based  upon  such  a 
foundation,  would  be,  what  all  such 
laws  should  be,  stable,  permanent, 
and  become  part  of  the  established 
policy  of  the  government. 

That  it  was  sectional  in  its  cha- 
racter, was  true.  But  this  happen- 
ed, because  the  different  sections  of 
the  country  had  different  interests. 
The  manufacturing  interest  belong- 
ed to  the  northern,  middle,  and  west- 
ern states  ;  and  their  inhabitants,  of 
course,  took  the  preliminary  mea- 
sures for  its  encouragement.  It 
did  not,  however,  necessarily  fol- 
low, that  the  south  was  not  inte- 
rested in  the  adoption  of  the  same 
policy.  It  was  contended,  that  the 
indirect  benefits  to  the  south,  from 
the  increased  consumption  of  its 


TARIFF. 


4  i 


great  staple,  111  the  domestic  facto- 
ries, would  be  more  than  equivalent 
to  any  loss  from  the  diminution  of 
British  consumption.  But,  if  they 
were  not,  still  it  was  asked,  was 
there  any  wisdom  in  sacrificing  the 
great  staples  of  the  other  states,  in 
order  to  procure  the  easy  admission 
of  the  southern  staples,  into  the  Eu- 
ropean market.  In  deciding  be- 
tween the  claims  of  conflicting  in- 
t  crests ;  their  relative  magnitude  and 
importance  afford  the  best  criteri- 
on for  a  correct  judgment ;  and 
when  brought  to  that  test,  the  claims 
of  the  grain-growing  sections  were 
greatly  the  strongest.  The  propor- 
tion between  the  population  of  the 
planting  and  the  other  states,  is 
about  one  to  three  ;  and  the  diffe- 
rence in  the  value  of  their  product- 
ive labour,  much  greater ;  and  yet, 
the  existing  commercial  regulations 
of  Great  Britain  compel  us  to  sa- 
crifice all  other  staples,  to  those  of 
the  south.  An  enlarged  view  of 
our  national  interests,  should  induce 
a  speedy  adoption  of  counteracting 
regulations.  The  course  of  affairs 
in  Europe,  previous  to  the  late  war, 
opened  a  market  for  our  grain,  and 
furnished  employment  for  our  ship- 
ping ;  but  the  general  pacification, 
producing  a  different  state  of  things, 
compels  us  to  modify  our  commer- 
cial system,  although  it  should  dis- 
turb the  existing  laws  which  con- 
trol the  investment  of  capital. 

These  considerations,  connected 
with    others    more     immediately 

Voi.  III.  6 


affecting  the  manufacture  of  wool- 
lens, hud  produced  a  distinct  divi- 
sion of  public  sentiment  previous  to 
the  meeting  of  congress  ;  and  while 
the  great  body  of  the  people  in  the 
north  and  west,  composing  four 
fifths  of  the  free  population,  were 
favourable  to  an  increased  protec- 
tion of  manufactures,  the  inhabitants 
of  the  southern  states,  were  warmly 
opposed  to  the  whole  policy. 

Such  was  the  state  of  public 
opinion  when  the  20th  Congress 
assembled  ;  and  as  it  was  generally 
believed,  that  the  course  respec- 
tively taken  by  the  parties  support- 
ing and  opposing  the  administra- 
tion on  this  question,  would  mate- 
rially affect  their  prospects  of  suc- 
cess ;  much  anxiety  prevailed  con- 
cerning the  view,  which  the  Presi- 
dent might  feel  bound  to  take  of 
this  subject  in  his  annual  message. 

The  north-western  states,  and 
Pennsylvania,  were  well  known  to 
be  tariff  states ;  and  their  vote,  it 
was  predicted,  would  depend  en- 
tirely upon  the  division  of  parties 
upon  this  question. 

Contrary  to  general  expectation, 
no  notice  was  taken  of  the  subject 
in  the  opening  message  to  con- 
gress ;  but  in  the  annual  report 
from  the  Secretary  of  the  Treasury, 
on  the  10th  of  December,  an  elabo- 
rate view  was  taken  of  the  manu- 
factures of  the  country,  and  their 
encouragement  and  protection 
warmly  recommended. 

In  the  house,  the  standing  com- 


<v 


ANNUAL  REGISTER,  16-27-8-9. 


inittce  on  manufactures  was  chosen 
by  the  speaker  ;*  and  it  was  then 
publicly  stated,  that  a  majority  of 
this  committee  was  opposed  to  the 
tariff  policy.  The  friends  of  the 
speaker  asserted,  on  the  contrary, 
that  five  out  of  the  six  were  from 
tariff  states,  and  that  only  one 
member  of  the  committee  was  de- 
cidedly opposed  to  the  tariff.  To 
this  it  was  replied,  that  it  was  true, 
that  six  of  the  committee  were 
apparently  friendly  to  the  tariff 
policy ;  but  that  in  reality,  two  only 
were  friendly,  and  one  only  oppo- 
sed, while  the  other  members  of 
the  committee  were  disposed  to 
use  the  question  as  a  political 
engine  ;  and  that  no  law  could  be 
expected  from  a  committee  so  con-r 
stituted,  but  one  which  would  be 
framed  more  with  a  view,  to  affect 
public  opinion  in  relation  to  the 
approaching  presidential  election, 
than  to  advance  the  manufacturing 
interest. 

To  the  committee,  thus  formed, 
the  petitions  which  flowed  in  from 
all  portions  of  the  country,  both 
for  and  against  an  increase  of 
duties,  were  referred.  The  resolu- 
tions which  also  were  transmitted 
to  Congress  from  the  legislatures 
of  Rhode  Island,  New- York,  New- 
Jersey,  Pennsylvania,  Ohio,  and 
Indiana,  in  favour  of  an  augmenta- 
tion of  duties,  and  those  from  Vir- 
ginia, North  Carolina,  Sputh  Caro- 


lina,  Georgia,  and  Alabama,  in 
opposition  to  that  measure,  were 
also  referred  to  the  same  commit- 
tee. 

On  the  31st  of  December,  the 
chairman  of  the  committee,  Mr. 
Mallary,  by  direction,  submitted  a 
resolution,  that  the  committee  be 
vested  with  power  to  send  for  per- 
sons and  papers.  In  submitting 
this  resolution,  Mr.  Mallary  stated 
that  he  offered  this  resolution  in 
obedience  to  the  instructions  of  the 
committee.  He  had,  however, 
opposed  its  passage  in  the  commit- 
tee, and  he  should  vote  against  it 
in  the  house. 

Mr.  Strong  said,  he  considered 
the  resolution  to  be  extraordinary 
in  its  character  ;  but  he  hoped  that 
some  member  of  the  committee 
would  show  some  reasons,  why  it 
should  be  clothed  with  that  power. 

Mr.  Stevenson  stated,  that  the 
reasons  which  induced  him  to 
agree  to  the  resolution  were,  that 
the  memorials  praying  for  an  in- 
crease of  the  tariff,  did  not  agree 
as  to  the  facts  upon  which  their 
prayer  was  grounded.  They  do 
not  enter  sufficiently  into  detail,  to 
enable  the  committee  to  draw  any 
satisfactory  conclusions.  The  ob- 
ject of  the  resolution  is,  to  furnish 
the  committee  with  more  certain 
evidence  ;  and  to  enable  it  clearly 
to  determine  on  what  articles  an 
increased  duty  is  required,  and  to 


*  Messrs  Mallary,  Vt.  Stevenson,  Pa.  Condict,  N.  J.,  Moore.  Ken.  Wright.  N.  Y. 
Stnnbury,  Ohio,  and  Martin,  S.  C. 


TARIFF. 


43 


fix  the  ahiount  of  protection  where 
any  is  required.  The  facts,  too, 
which  were  thus  obtained,  will 
aid  them  in  forming  a  judgment, 
as  to  the  mode  and  manner  of  fix- 
ing that  amount,  and  the  bearing 
of  the  duty  on  the  principle  of 
protection  itself. 

The  object  of  the  committee  was 
to  obtain  precise  and  authentic  in- 
formation  ;  but  if  the  house  thought 
that  it  had  better  proceed  with  the 
information  already  in  its  power, 
the  committee  was  willing  to  pro- 
ceed, but  it  ought  then  to  be  exo- 
nerated from  all  errors  which  it 
might  fall  into,  from  want  of  better 
information. 

Mr.  Stewart  rose  to  offer  a  sub- 
stitute to  the  resolution,  by  which 
the  house  declared  it  to  be  expe- 
dient, to  increase  the  duties  on 
certain  imported  articles  ;  but  the 
speaker  decided  the  motion  to  be 
out  of  order. 

Mr.  Strong  objected  to  the  pas- 
sage of  the  resolution.  This  sub- 
ject had  been  before  Congress 
for  about  ten  years.  All  the  in- 
formation that  can  possibly  be 
elicited,  is  to  be  found  in  the  re- 
cords and  reports  of  the  house. 

Where  does  the  committee  pro- 
pose to  send  for  persons  and  papers  ? 
Will  the  messengers  go  to  Phila- 
delphia, or  New- York  ?  Will  they 
stop  at  Boston,  or  will  they  go 
to  Machias,  and  New-Orleans  ? 
What,  too,  is  the  nature  of  the  pro- 
cess demanded  ?  Whoever  is  at- 
< ached  by  that  process,  must  come 


here.  His  business  must  be  sus- 
pended, and  he  must  attend.  This 
power  is  usually  given  to  inform 
the  judgment  of  the  house,  in  its 
inquisitorial  capacity,  to  enable 
it  to  detect  the  guilty,  and  to  bring 
them  to  punishment.  Its  object 
now  is,  to  inform  the  judgment  of 
an  ordinary  committee.  It  was  an 
unprecedented  exercise  of  power  ; 
and  he  did  not  believe  that  the 
people  would  submit  to  it; 

Mr.  Storrs  thought  the  resolution 
unnecessary,  and  that  its  passage 
would  defeat  the  whole  measure. 
He  hoped  that  it  would  be  rejected, 
and  that  the  committee  would  give 
the  house  a  project  of  its  own.  He 
concluded,  by  demanding  the  yeas 
and  nays,  which  was  agreed  to. 

Mr.  Oakley  thought,  that  the 
resolution  was  too  general  in  its 
terms.  With  the  view  of  making 
it  more  explicit,  he  moved  to  amend 
it  by  adding  "  with  the  view  to  as- 
certain  and  report  to  this  house, 
such  facts  as  may  be  useful  to 
guide  the  judgment  of  the  house  in 
relation  to  the  revision  of  the  tariff 
of  duties  on  imported  goods." 
The  debate  continuing,  Mr.  Oak- 
ley withdrew  his  amendment,  and 
offered  a  substitute  for  the  original 
resolution,  by  which  the  committee 
were  empowered  to  send  for,  and 
to  examine  persons  on  oath,  con- 
cerning the  present  condition  of 
our  manufactures,  and  to  report 
the  minutes  of  such  examination 
to  this  house. 

Mr.  Livingston  was  in  favour  6f 


A.NMAL  REGISTER,  1S27-8-9. 


the  resolution.  The  proposition, 
indeed,  was  new.  It  was  too  new 
in  our  legislation. 

In  Great  Britain,  where  the  par- 
liament sits  in  London,  and  where 
every  member  has  information  at 
hand  ;  there  is  not  a  single  com- 
mercial  measure  of  importance 
brought  forward,  where  the  power 
of  examination  is  not  resorted  to. 
It  is  a  most  reasonable  practice, 
and  especially  in  this  place,  seve- 
ral hundred  miles  distant  from  our 
mercantile  marts. 

Mr.  S.  Wood  denied  that  the 
house  had  this  power,  except  in 
contested  elections,  and  malversa- 
tions in  office. 

Mr.  Burgess  proposed  to  suspend 
the  discussion,  until  the  records 
could  be  examined. 

Negatived. 

Mr.  Carrtbreleng  supported  the 
amendment.  He  did  not  believe 
that  it  would  be  necessary  to  send 
from  Machias  to  Florida.  He 
understood,  that  delegations  were 
coming:  on  here  from  different  dis- 

O 

tricts.  He,  himself,  should  wish 
to  be  examined  before  the  commit- 
tee ;  and  he  hoped  that  the  other 
members  of  the  house  would  do 
the  same  thing. 

Some  of  the  manufacturers  made 
one  representation,  and  some  ano- 
ther. For  his  part,  he  wished  to 
have  a  full  examination  into  the 
subject ;  and  hoped  that  the  resolu- 
tion would  pass. 

Mr.    Oaklev   said,   that    in   his 


opinion,  the  power  of  the  house 
was  to  be  found  in  the  law  of  par- 
liament, which  gives  all  the  power 
necessary  to  secure  all  the  infor- 
mation requisite  for  correct  legisla- 
tion.  Gentlemen  are  mistaken,  if 
they  suppose  that  it  will  be  neces- 
sary to  use  the  power  coercively. 
The  manufacturers  will  be  anxious 
to  furnish  all  the  information  in 
their  power. 

As  to  the  delay,  the  house  has 
it  in  its  power  to  put  an  end  to  the 
examination,  whenever  it  shall  be 
of  opinion  that  it  is  carried  too  far. 

Where  then  was  the  objection 
to  the  resolution  ?  One  gentleman 
had  spoken  of  the  exercise  of  the 
power,  as  dangerous.  To  meet 
that  objection,  he  would  modify 
the  resolution  so  as  to  specify  the 
object,  while  giving  the  power. 

Mr.  Randolph  said,  that  in  1798, 
a  law  was  enacted,  giving  power 
to  the  chairman  of  the  select  com- 
mittees, to  examine  witnesses  under 
oath,  and  that  law  was  re-enacted 
in  1817. 

Mr.  Sprague  said,  that  the  pas- 
sage of  the  resolution  was  then 
unnecessary.  The  gentleman  from 
New-York  had  said  that  the  wit- 
nesses will  flock  to  the  committee, 
for  the  purpose  of  being  examined, 
and  the  law  conferred  the  power 
of  examining. 

Mr.  Oakley  said,  that  he  was  not 
aware  of  the  existence  of  that  law. 
He  was  indifferent  now  to  the  pas- 
sage of  the  resolution.  He,  how- 


TARIFF. 


45 


ever,  hoped,  that  whether  passed 
or  not,  the  committee  would  use 
the  power,  and  procure  the  in- 
formation desired. 

The  amendment  then  was  adopt- 
ed, 100  to  78  ;  and  the  resolution 
being  put,  was  passed,  102  to  88. 

The  committee,  thus  authorized, 
issued  subpcenas  for  twelve  wit- 
nesses, who  were  examined,  to 
gether  with  nine  who  voluntarily 
attended,  and  seven  members  of 
the  house.  The  examination  was 
principally  directed  to  ascertaining 
the  cost  of  manufacturing  iron, 
steel,  wool,  hemp,  flax,  sail  duck, 
spirits  from  grain  and  molasses, 
glass,  cotton  and  paper — the  capa- 
bilities of  the  country  to  manufac- 
ture them,  at  that  time ;  and  whether 
any  alteration  of  the  duties  was 
required  to  protect  the  manufac- 
turer, against  foreign  competition. 

After  four  weeks  spent  in  ex- 
amining  the  various  witnesses,  the 
committee,  on  the  31st  of  January, 
made  a  report,  accompanied  by 
the  testimony  taken,  and  a  bill,  in 
which  an  increase  of  duties  was 
recommended  on  the  following  ar- 
ticles, viz. 

On  iron  in  bars,  not  manufac- 
tured by  rolling,  1  cent  per  Ib. 

On  iron  in  bars,  manufactured 
by  rolling,  $37  per  ton. 

On  pig  iron,  62£  cents  per  cwt. 

On  iron  and  steel  wire,  not  ex- 
ceeding No.  14,  6  cents  per  Ib. ; 
exceeding  No.  14j  10  cents  per  Ib. 

On  round  iron,  of  three  six- 
teenths to  eight  sixteenths  of  an 


inch  in  diameter ;  on  nail  rods,  slit 
or  rolled  ;  on  sheet  and  hoop  iron  ; 
on  iron  slit  or  rolled  for  bands, 
scroll  or  casement  rods,  3'  cents 
per  Ib. 

On  adzes,  axes,  drawing  and 
cutting  knives,  sickles,  sithes, 
spades,  shovels,  squares,  (of  iron 
or  steel,)  bridle  bits,  steelyards  and 
scale  beams,  socket  chisels,  vices, 
and  screws  for  wood,  10  per  cent, 
ad  valorem  beyond  the  present  duty. 

On  steel,  $1.50  per  cwt. 

On  raw  wool,  7  cents  per  Ib. ; 
and,  in  addition  thereto,  40  per 
cent,  ad  valorem,  until  June  30th, 
1829;  from  which  time  an  addition- 
al duty  of  5  per  cent,  ad  valorem 
shall  be  imposed  annually,  until  it 
shall  amount  to  50  per  cent.  All 
wool  imported  in  the  skin,  to  be 
estimated  as  to  weight  and  value, 
and  to  pay  the  same  rate  of  duty  as 
other  wool. 

On  woollen  manufactures,  of 
which  the  actual  value  shall  not 
exceed  50  cents  the  square  yard, 
16  cents  duty  the  square  yard. 

On  all  of  which  the  value  is  be- 
tween 50  and  100  cents  the  square 
yard,  40   cents   duty   the   square 
__  yard. 

On  all  between  $1  and  $2.50,  a 
duty  of  $1  the  square  yard. 

On  all  between  $2.50  and  $4,  a. 
duty  of  40  per  cent,  ad  valorem  to 
be  levied,  and  the  goods  to  be 
valued  at  $4  the  square  yard. 

On  all  exceeding  $4,  a  duty  of 
45  per  cent,  ad  valorem. 

On  woollen   blankets,   hosierv, 


4(J 


ANNUAL  REGISTER,  1827-8-9. 


mits,  gloves,  and  bindings,  35  per 
cent,  ad  valorem. 

On  raw  hemp  and  raw  flax,  $45 
the  ton,  until  June  30th,  1829,  and 
then  an  additional  duty  of  $5,  an- 
nually, until  the  whole  shall  amount 
to  $60  per  ton. 

On  sail  duck,  9  cents  the  square 
yard. 

On  molasses,  10  cents  per  gal- 
Ion. 

On  all  imported  spirits,  10  cents 
per  gallon,  in  addition  to  the  pre- 
sent duty. 

On  window  glass,  above  ten 
inches  by  fifteen,  $5  for  every 
100  square  feet,  and  charging  all 
window  glass  imported  in  sheets, 
uncut,  with  the  same  rate  of  duty. 

On.  vials  and  bottles,  not  exceed- 
ing the  capacity  of  six  ounces  each, 
$1.75  per  gross. 

All  cotton  cloths  (except  nan- 
keens from  China)  of  which  the 
cost,  together  with  the  custom- 
house additions,  shall  be  less  than 
35  cents  the  square  yard,  shall  be 
deemed  to  cost  35  cents,  and  duty 
charged  accordingly. 

The  drawback  on  the  exporta- 
tion of  spirits  distilled  from  molas- 
ses, was  to  be  abolished  ;  and  no . 
drawback  allowed  on  sail-duck  ex- 
ported in  a  less  quantity  than  50 
bolts,  in  one  vessel,  at  one  time. 

Provisions,  also,  were  reported, 
to  prevent  the  frauds  alleged  to 
exist  at  the  custom-house,  and  im- 
posing additional  penalties.  And 
it  was  made  the  duty  of  the  Secre- 
tary of  the  Treasury,  to  establish. 


from  time  to  time,  proper  regula- 
tions to  carry  into  effect  the  policy 
of  the  law,  and  to  prevent  its  eva- 
sion, and  to  report  the  same,  with 
his  reasons,  at  the  next  session  of 
Congress. 

On  the  12th  of  February,  Mr. 
Mallary  offered  certain  amend- 
ments to  the  proposed  bill,  by 
which  the  following  duties  were 
imposed  on  woollen  goods,  viz. 
on  raw  wool  not  exceeding  8  cents 
per  Ib.  in  value,  at  the  place  whence 
imported,  20  cents  per  Ib.  until 
June  30,  1829,  and  after  that  time 
2^  cents  per  Ib.  annually,  in  addi- 
tion, until  the  whole  duty  amounts 
to  50  cents.  All  woollen  manu- 
factures which  shall  cost  less  than 
50  cents  the  square  yard,  shall  be 
estimated  at  50  cents  cost  the 
square  yard. 

All  woollen  manufactures  which 
shall  exceed  50  cents  in  value,  and 
not  exceed  $2  50  the  square  yard, 
shall  be  estimated  at  $2  50. 

All  between  $2  50  and  $4,  shall 
be  estimated  at  $4. 

All  between  $4  and  $6,  shall  be 
estimated  at  $ 6. 

And  on  all  woollen  manufactures 
to  be  estimated  as  above,  and 
when  costing  over  $6,  an  ad  va- 
lorem  duty  of  40  per  cent,  is  to 
be  levied  on  the  actual  cost,  until 
the  30th  of  June,  1829,  with  an 
annual  augmentation  of  5  per  cent, 
until  the  duty  shall  amount  to  50 
per  cent. 

These  amendments  were  under- 
stood to  express  theV>pinions  of  those 


TARIFF. 


47 


TV  ho  regarded  the  bill,  as  brought 
forward  more  immediately  with  the 
view  of  sustaining  the  woollen  ma- 
nufactories. The  bill,  on  the  con- 
trary,  as  presented  to  the  house, 
regarded  that  interest  as  secondary 
to  some  others ;  and  was  regarded 
by  the  eastern  members  as  opera- 
ting  with  such  peculiar  hardship 
upon  that  district  of  country,  as  to 
more  than  counterbalance  all  be- 
nefit anticipated,  from  the  augmen- 
tation of  duties  on  imported  wool- 
lens. 

Indeed,  the  whole  course  of  pro- 
ceedings now  began  to  assume  a 
marked  sectional  character,  in  some 
measure  modified  by  Lhe  political 
predilections  of  particular  mem- 
bers. The  southern  representa- 
tion was  opposed,  in  mass,  to  any 
change,  on  various  grounds  ;  but 
chiefly  because  the  present  basis 
of  exchange  between  the  United 
States  and  Great  Britain,  viz.  of 
the  produce  of  those  states  for  the 
consumption  of  the  whole  country, 
was  most  favourable  to  their  con- 
stituents. The  representatives  of 
the  western,  and  those  from  the 
middle  states,  were  desirous  of 
promoting  the  manufacture  of  do- 
mestic spirits,  iron,  and  hemp,  du- 
ties bearing  with  great  severity 
upon  the  shipping  interest.  Most 
of  the  eastern  members  were  hos- 
tile to  any  augmentation  of  duties 
on  those  articles;  although  they 
were  in  favour  of  protecting  the 
woollen  manufactories,  the  princi- 
pal part  of  which  were  situated  in 


their  section  of  the  country,  and 
for  whose  benefit,  they  contended, 
the  bill  was  intended,  with  the 
view  of  placing  them  on  the  foot, 
ing  contemplated  by  the  act  of 
1824. 

The  proposition  of  augmenting 
the  duties  on  these  articles,  pro- 
ceeded from  an  unfriendly  feeling 
towards  the  eastern  states ;  and  the 
proposal  to  abolish  the  drawback 
on  the  exportation  of  spirits  manu- 
factured from  molasses,  they  re- 
garded as  an  additional  manifesta- 
tion  of  the  same  spirit. 

With  these  dispositions  the  mem^ 
bers  proceeded  to  the  discussion 
of  this  measure.  On  the  29th  of 
February  Mr.  White,  of  Florida, 
proposed  an  amendment  to  lay  a 
duty  of  25  cents  per  100,  in  addi- 
tion to  the  present  duty  on  foreign 
oranges  imported. 

March  3. — Mr.  Wolfe  proposed 
an  additional  duty  on  imported 
slates,  viz. 

Not  exceeding  6  inches, by  12 
inches  in  length,  $9  per  ton  ;  not 
exceeding  16  inches  in  length, 
$10.50  per  ton  ;  not  exceeding  20 
inches  in  length,  $12  per  ton;  not 
exceeding  ^4  inches  in  length, 
$13.50  per  ton ;  exceeding  24 
inches  in  length,  $15  per  ton ;  on 
ciphering  slates  331  per  cent,  ad 
valorem,  to  be  estimated  at  not 
less  than  $1  per  dozen. 

These  amendments  were  all  re- 
ferred to  the  committee  having  the 
bill  reported  by  the  committee. 

On  the  day  last  mentioned,  Mr. 


\\MAh  REGISTER,  1827-8-9. 


Mallary  moved  that  the  house  re- 
solve  itself  into  a  committee  of  the 
whole,  with  the  view  of  taking  this 
bill  into  consideration. 

Mr.  M'Duffie  objected  to  this 
motion,  on  the  ground  that  the 
business  of  Saturday,  (viz.  the  bill 
making  appropriations  for  internal 
improvement,)  had  not  yet  been 
disposed  of. 

Mr.  Mallary  said,  that  he  felt  im. 
pelled  by  motives  of  public  duty, 
to  press  for  the  consideration  of 
the  tariff  bill  without  further  delay ; 
and  he  should,  therefore,  move 
that  the  unfinished  business  be 
postponed  ;  and  called  for  the  yeas 
and  nays  on  the  motion.  It  passed 
in  the  affirmative,  100  yeas  and  87 
nays. 

Mr.  Malhiry  now  moved  to  go 
into  the  committee  of  the  whole. 

Mr.  Martin,  of  South  Carolina, 
'contended  that  this  motion  was  not 
in  order,  inasmuch  as  a  vote  of 
two  thirds  was  required  to  post- 
pone  the  unfinished  business  ;  but 
the  speaker  decided  it  to  be  in  or- 
der,  and  the  motion  being  put,  was 
carried,  108  in  the  affirmative,  and 
the  house  went  into  the  committee 
of  the  whole,  Mr.  Barbour  in  the 
chair.  Mr.  Mallary  then  moved 
to  take  up  the  woollens  bill ;  but 
Mr.  M'Duffie  suggested  that  the 
committee  had  certain  unfinished 
business  before  it,  which  ought 
first  to  be  disposed  of.  The  chair- 
man said  that  such  was  not  neces- 
sarily the  course  in  committees  ; 


and  the  tariff  bill  was  taken  up,  i>,» 
ayes,  66  noes. 

The  debate  was  opened  by  Mr. 
Mallary,  in  a  detailed  account  of 
the  grounds  upon  which  an  aug- 
mentation of  duties  on  certain  ar- 
ticles was  desired. 

He  stated  that  he  did  not  concur 
with  the  majority  of  the  commit- 
tee in  the  details  of  the  bill,  al- 
though there  was  but  one  dissent- 
ing voice  as  to  the  propriety  of 
some  augmentation.  Neither  was 
the  report  drawn  by  him,  although 
as  an  exposition  of  the  views  of 
the  majority,  he  had  not  hesitated 
to  present  it. 

He  then  proceeded  to  certain 
statistical  statements,  showing  the 
course  of  trade  between  the  Uni- 
ted States  and  Europe,  and  the 
consumption  of  cotton  in  the  Uni- 
ted States  and  Great  Britain, 
in  1827 ;  the  former  consuming 
70,000,000  Ibs.,  and  the  latter, 
204,000,000.  The  consumption 
of  woollens  in  the  United  States 
he  estimated  at  $72,000,000  per 
annum,  of  which  $10,000,000  were 
imported,  $22.000,000  the  produc- 
tions  of  American  manufactures, 
and  $40,000,000  the  result  of 
household  industry. 

Other  details  were  given,  show- 
ing the  capability  of  the  country 
to  supply  its  own  consumption  ; — 
and  Mr.  M.  then  proceeded  to 
state  the  views  of  the  committee 
respecting  the  details  of  the  bill. 
The  duties  on  iron  were  generally 


TARIFF. 


49 


agreed  to.  The  quantity  of  bar 
iron  annually  imported,  amounted 
to  $1,600,000,  amounting  to  about 
550,000  cwt. 

The  country  was  capable  of  sup- 
plying  itself.  Pennsylvania  pro- 
duced  about  21,000  tons,  and  other 
parts  of  the  country  yielded  large 
supplies. 

On  the  subject  of  woollens,  Mr. 
M.  totally  differed  from  the  views 
of  the  committee.  The  duty  on 
wool  he  thought  too  high,  oppres- 
sive to  the  manufacturer,  and,  in  the 
end,  by  impoverishing  him,  inju- 
rious to  the  farmer.  The  duty  on 
low  priced  wool  he  regarded  as  par- 
ticularly improper.  Such  wool  was 
not  produced  here,  and  manufac- 
tories, in  which  it  is  used,  were  es- 
tablished, but  they  could  not  be 
sustained  if  any  augmentation  of 
price  in  the  raw  material  took 
place. 

He  then  adverted  to  the  duties 
on  woollens,  and  went  into  calcula- 
tions, showing  the  advantage  to 
the  domestic  manufacturer,  from 
the  mode  of  levying  the  duty  pro- 
posed by  the  amendment.  The 
minimums  proposed  would  give  to 
the  foreigner  access  to  the  domes- 
tic market  at  the  minimum  points, 
and  the  large  intermediate  spaces 
would  be  secured  to  the  American 
manufacturer. 

This  mode  he  thought  better  than 
a  specific  duty,  which  must  neces- 
sarily be  based  upon  the  valuation 
abroad. 

VOL.  III. 


The  duties. on  hemp,  flax,  and 
sail  duck,  he  thought  were  not  pro- 
perly adjusted. 

A  less  duty  on  hemp  would  have 
answered  as  well,  and  would  have 
proved  less  burdensome  to  the  ship, 
ping  interest. 

As  to  the  duty  on  molasses,  the 
majority  of  the  committee  was  in 
favour  of  imposing  it,  with  the  view 
of  aiding  the  manufacture  of  spirits 
from  grain  in  the  western  country. 
He  could  not  reconcile  the  pro- 
priety of  this  duty,  to  his  principles 
of.  protection.  The  article  was 
one  of  general  consumption  as  im- 
ported by  a  numerous  class  of  our 
citizens,  in  all  parts  of  the  country 
— it  was  of  prime  necessity.  The 
trade  engaged  in  its  importa- 
tion was  important.  It  employed 
100,000  tons  of  navigation,  and  a 
vast  number  of  sailors.  The  chief 
articles  in  exchange  were  the  pro- 
duce  of  the  forest  and  fisheries. 
To  all  these  classes  the  injury 
would  be  positive  and  great ;  and  to 
the  whiskey  distiller  the  advantage 
would  be  doubtful,  or,  at  most, 
small.  He  could  not  think  the  be- 
nefit equivalent  to  the  sacrifice. 

The  proposed  duty  on  foreign 
spirits  he  was  in  favour  of.  It  was 
not  a  necessary  of  life,  and  a  sub- 
stitute  could  be  furnished  at  home. 

The  abolition  of  the  drawback, 
seemed  to  him  to  be  a  mistake  oo. 
the  part  of  the  committee.  The 
alleged  object  was  to  promote  the 
distillation  of  spirits  from  grain. 


50 


ANNUAL  REGISTER,  1627 


and  to  introduce  them  into  the  fo- 
reign market.  This  cannot  be  ef- 
fected in  this  manner.  If  the  dis- 
tillation from  molasses  is  annihila- 
ted, the  provision  is  nugatory  ;  but 
if  it  continues,  the  more  that  shall 
be  exported  the  better. 

Mr.  M.  concluded  with  some  ob- 
servations on  the  alleged  operation 
of  the  bill  on  the  different  sections 
of  the  country. 

March  4. — Mr.  Barney  then  rose, 
and  in  order  to  enable  him  to  go 
into  a  discussion  of  the  whole  bill, 
although  he  declared  himself  in 
favour  of  some  parts  of  it,  he 
moved  to  strike  out  the  enacting 
clause. 

He  was  in  favour  of  some  addi- 
tional duty  on  woollens,  but  he 
thought  this  bill  did  not  give  relief. 
It  kept  the  word  of  promise  to  the 
ear,  but  broke  it  to  the  sense. 

The  increased  duties  on  iron, 
canvass,  hemp,  and  flax,  were  pre- 
judicial to  the  navigating  interest, 
and  Mr.  B.  enumerated  some  offi- 
cial statements  illustrating  the  im- 
portance of  that  interest. 

The  dpmestic  flax,  and  hemp, 
too,  were  so  inferior  in  quality  to 
the  foreign,  that  no  increase  of  duty 
would  compensate  for  the  diffe- 
rence in  quality.  American  hemp 
sells  from  $100  to  $125  per  ton  ; 
Russian  hemp  from  $225  to  $260. 
An  additional  duty  of  $10  or  $12 
will  never  bring  these  articles  into 
competition,  without  an  improve- 


ment in  the  quality  of  the  domestic 
article. 

Mr.  Stevenson  said,  that  he  fell 
compelled  to  give  the  views  of  the 
majority  of  the  committee  respect- 
ing the  proposed  bill.  The  com- 
mittee found  it  necessary,  shortly 
after  its  appointment,  to  frame  a 
bill,  not  only  to  give  relief  to  the 
manufacturers,  but  also  having 
some  regard  to  the  claims  of  the 
consumers. 

The  woollen  manufacture  was 
chiefly  confined  to  the  eastern 
states,  and  a  powerful  interest 
urged  an  increase  of  duty  on  im- 
ported woollens. 

The  identification  of  this  pecu- 
liar interest  with  the  politics  of  the 
day,  to  the  exclusion  of  all  others 
— the  efforts  of  the  middle  states 
to  procure  protection  for  other  arti- 
cles in  whose  manufacture  they 
were  interested,  such  as  iron,  hemp, 
wool,  spirits,  &c.  rendered  the  duty 
of  the  committee  difficult  of  per- 
formance, especially  when  a  pow- 
erful interest  in  the  union  was  op- 
posed to  any  change.  The  sub- 
jects  submitted  to  the  consideration 
of  the  committee,  were  insepara- 
bly connected,  for  the  first  time, 
with  the  politics  of  the  day  ;  and  it 
was,  accordingly,  concluded,  to  act 
upon  evidence,  in  order  to  avoid 
any  suspicion  of  sinister  actions 
and  motives.  The  time  for  the 
bill  to  go  into  operation  was  fixed 
at  the  30th  of  June,  which  gave  no 


'TARIFF. 


53 


opportunity  tor  commercial  specu- 
lation after  its  passage.  The  same 
motive  induced  the  majority  to  re- 
commend the  whole  duty  at  once, 
instead  of  a  progressive  duty. 

A  different  principle  in  the  act  of 
1824,  had  caused  excessive  impor- 
tations in  anticipation  of  the  in. 
creased  duty,  and  had  produced  an 
unnatural  depression  of  prices  in 
woollens  the  next  year,  which  was 
one  of  the  causes  of  the  present 
distress  of  the  manufacturer. 

Mr.  Stevenson  then  went  into  a 
statement  of  the  reasons,  which  in- 
duced the  committee  to  recommend 
an  increase  of  duty  on  iron,  and 
showed  that  Pennsylvania,  New- 
York,  Virginia,  and  some  of  the 
western  states,  abounded  in  ore, 
and  were  able  to  supply  the  rest  of 
the  union. 

He  then  proceeded,  to  a  conside- 
ration of  the  measures  in  relation 
to  the  woollen  manufacturer  ;  and 
went  into  calculations,  showing, 
that  the  quantity  of  wool  annu- 
ally imported  amounted  to  about 
2,000,000  Ibs.  and  that  the  in- 
crease of  duty  would  subject  the 
manufacturer  to  an  additional  duty 
of  $250,000  per  annum,  which  was 
all  the  encouragement  given  to  the 
grower  of  wool. 

The  amendment  proposed  by  the 
chairman  of  the  committee,  (Mr. 
Mallary,)  would  leave  the  farmer 
worse  than  at  present,  by  actually 
reducing  the  present  duty  on  fine 
wool. 


The  duty  on  wool  was  imposed 
for  the  purpose  of  encouraging  the 
farmer  to  produce  a  large  supply  of 
the  raw  material,  without  which  the 
establishing  the  manufacture  would 
be  rendered  useless  in  time  of  war, 
when  the  foreign  supply  might  be 
cut  off.  The  duty  for  the  encou- 
ragement  of  the  woollen  manufac- 
turer, was  proposed  with  some  re- 
ference to  the  statement  of  the 
manufacturer  himself— that  if  the 
raw  material  was  as  cheap  here,  as 
in  England,  it  could  be  manufac- 
tured  as  cheaply.  The  duty  on 
fine  woollens  was  comparatively 
high  ;  but  this  was  taxing  luxury, 
and  with  the  view  of  lightening  the 
burdens  of  the  poorer  classes. 

Hemp,  he  said,  was  an  article  of 
great  importance  to  the  west ;  and, 
although,  at  present,  the  high  price 
of  Russian  hemp  operated  as  a 
bounty,  that  difference  was  not  to 
be  permanently  relied  on.  Russia 
had  imposed  an  export  duty  which 
entered  into  that  price,  and  as  that 
duty  might  be  taken  off,  he  thought 
a  duty  should  be  imposed  here  so 
as  to  afford  the  farmer  an  adequate 
motive  to  produce  it. 

The  duty  on  molasses  was  pro- 
posed with  the  view  of  protecting 
the  western  distiller ;  and  if  it  caused 
a  suspension  of  distillation  from 
molasses,  so  long  as  the  western 
states  could  not  find  a  market  for 
their  grain,  he  thought  it  good  po- 
licy to  adopt  it.  As  to  what  was 
used  for  sweetening,  the  rate  of  the 


A.VM  AL  REGISTER,  1627-3-&. 


increased  duty  would  be  less  than 
one  half  of  what  was  paid  for  solid 
saccharine,  in  the  shape  of  brown 
sugar. 

March  5 — Mr.  Anderson  follow, 
ed,  in  an  argument  against  the  bill 
from  the  bad  effects  of  the  molasses 
upon  the  lumber  trade,  and  the 
fisheries. 

He  believed,  that  not  a  man  in 
the  nation  would  have  thought  of 
increasing  the  duty  on  molasses, 
iron,  hemp,  flax,  or  distilled  spirits, 
had  it  not  been  for  the  clamour 
raised  in  favour  of  the  woollen 
manufacturers.  He  saw  no  evi- 
dence, that  any  additional  protec- 
tion was  wanted. 

The  iron  manufacturers  were  do. 
ing  well,  and  as  to  steel,  it  did  not 
appear  that  there  was  a  single  fac- 
tory in  the  country. 

The  duty  on  hemp,  he  thought, 
would  prove  destructive  to  a  large 
class  of  mechanics, — the  rope  ma- 
kers ;  and  it  was  obvious,  from  the 
great  existing  difference  of  price, 
that  no  duty  could  bring  the  Ame- 
rican hemp  grower,  into  competi- 
tion with  the  foreign. 

These  articles,  together  with 
duck,  are  the  great  articles  of  con- 
sumption in  ship  building ;  a  branch, 
which  gives  employment  to  a  very 
numerous  class  of  mechanics,  and 
which  will  be  rendered  unproduc- 
tive, by  the  heavy  duties  imposed  on 
these  articles. 

The  duty  on  molasses,  and  the 


prohibition  on  the  drawback,  he 
considered  as  peculiarly  burden- 
some to  Maine.  Their  operation, 
must  be  to  destroy  the  West  India 
trade,  and  paralyze  the  lumber  trade, 
and  the  fisheries.  The  amount  of 
molasses,  annually  imported  into 
the  United  States,  would  employ 
130,000  tons  of  shipping,  and  near- 
ly 6000  seamen  ;  while  the  fishe- 
ries employ  a  larger  amount  of 
tonnage,  and  three  times  the  num- 
ber of  men.  All  this  capital  will 
be  materially  diminished  in  value, 
and  the  existence  of  a  large  portion 
of  it  actually  endangered,  by  the 
imposition  of  this  duty. 

The  advantage  proposed  by  its 
-imposition,  was  no  equivalent  to  the 
loss  of  this  trade  ;  and  he  said,  Eng- 
land, to  be  insured  the  destruction 
of  this  nursery  of  seamen,  that 
corps  which  must  maintain  our 
claim  to  the  ocean,  if  it  is  to  be 
maintained,  would  stipulate  to  take 
all  our  whiskey  at  double  price. 
The  bill  was  impolitic  in  its  provi- 
sions,  and  most  injurious  to  his  sec- 
tion of  the  country. 

March  6. — Mr.  Clairborne  oppo- 
sed the  bill  generally,  as  going  be- 
yond the  constitutional  power  of 
congress  ;  as  partial  in  its  opera- 
tion, and  as  injurious  to  the  prospe- 
rity of  the  country. 

Mr.  Floyd  observed,  that  he  was 
not  prepared  to  vote  against  the 
whole  bill,  although  he  was  oppo- 
sed to  some  of  its  details  :  and  sujr- 


TARIFF. 


gested  to  Mr.  Barney,  the  propriety 
of  withdrawing  his  motion  to  strike 
out  the  first  section,  with  which  sug- 
gestion he  complied. 

The  debate  on  the  general  prin- 
ciples of  the  bill,  being  now  com- 
pletely open,  a  long  and  tedious 
discussion  ensued  ;  in  which  the 
speeches,  as  we  find  them  in  the 
Washington  Journals,  with  some 
few  exceptions,  seem  rather  intend- 
ed to  secure  the  orators  popularity 
at  home,  than  to  enlighten  or  con- 
vince the  body  to  which  they  were 
addressed.  The  general  tendency 
of  the  argument  in  favour  of  the 
bill  as  reported,  was  to  prove  that 
it  afforded  equal  protection  to  all 
the  great  interests  of  the  western, 
middle,  and  eastern  states — that 
while  the  woollen  manufacture  of 
the  east,  was  protected  by  an  in- 
crease ofduty  on  imported  woollens ; 
the  farmer,  who  was  a  great  consu- 
mer, was  in  some  degree  recom- 
pensed by  the  protection  to  native 
wool,  and  encouraged  to  furnish  a 
steady  and  copious  supply  of  the 
raw  material — that  on  the  other 
hand,  the  iron  manufacturer,  agreat 
and  growing  interest  in  the  middle 
states,  was  encouraged  by  the  aug- 
mentation ofduty  on  imported  iron  ; 
and  the  hemp,  flax,  and  grain  grow- 
ing states,  and  the  western  distiller, 
found  equivalent  benefits  in  the 
other  provisions  of  the  bill. 

Those  who  were  in  favour  of  the 
general  principle  of  the  bill;  but  op- 
posed to  its  details,  and  favoured 


Mr.  Mallary's  amendments,  con- 
tended that  the  high  duty  on  wool, 
was  a  positive  injury  to  the  woollen 
manufacturers,  for  whose  relief  the 
bill  was  chiefly  intended  ;  and  that 
the  augmentation  of  duties  on  wool- 
lens, did  not  afford  to  them  a 
corresponding  compensation  :  that 
even  these  duties  were  not  imposed 
so  as  to  meet  the  exigencies  of  the 
case  :  that  the  duty  on  hemp,  was 
rather  a  burden  on  navigation,  than 
an  advantage  to  the  grower,  who 
was  not  able,  under  any  difference 
of  price,  to  produce  a  suitable  arti- 
cle :  that  the  duty  on  iron  was  not 
required  to  sustain  the  manufactu- 
rer, who* was  in  a  prosperous  con- 
dition :  that  the  duty  on  molasses, 
was  a  destructive  blow,  aimed  at 
the  navigation  of  the  eastern  states, 
without  any  corresponding  benefit 
to  the  western  distiller ;  and  that 
the  abolition  of  the  drawback,  seem- 
ed to  be  proposed  with  the  view  of 
further  injuring  the  prosperity  of 
that  section  of  the  country,  without 
any  assignable  motive,  except  that 
of  settled  sectional  hostility. 

Another  portion  of  the  house, 
took  another  ground — that  of  oppo- 
sition  to  the  principle  of  the  bill. 
They  contended  that  it  was  contra- 
ry to  the  liberal  spirit  of  the  age, 
and  to  all  the  received  maxims  of 
political  economy  :  that  it  bore  with 
great  severity  upon  the  south,  with- 
out one  compensating  principle;  and 
that  the  difference  of  opinion  be- 
tween those  who  advocated  the  bill. 


ANMAL  REGISTER,  1827-8-9. 


and  those  who  proposed  the  amend- 
ment, was  only  a  quarrel  about  the 
division  of  the  profits  derived  from 
the  enhanced  cost  of  the  articles 
to  the  southern  consumers  :  that  it 
would  give  the  monopoly  of  supply 
to  the  domestic  manufacturer,  and 
would  create  the  worst  kind  of  aris- 
tocracy in  the  northern  states,  at 
the  expense  of  the  rest  of  the  union: 
that  the  principle  of  the  bill,  was  in 
violation  of  the  spirit  of  the  consti- 
tution, and  such  as  ought  to  be,  and 
would  be  resisted.  This  argument 
was  afterwards  renewed  upon  the 
passage  of  the  bill,  in  popular  ap- 
peals ;  and  the  constitutional  cha- 
racter of  the  measure  more  distinct- 
ly considered,  in  the  discussions 
which  took  place  at  a  later  stage  of 
the  proceedings. 

We  shall  now  proceed  to  give  an 
account,  of  the  fate  of  the  amend- 
ments proposed  by  Mr.  Mallary. — 
On  the  27th  of  March,  they  were 
rejected,  ayes  78,  nays  102. 

Mr.  Mallary  then  proposed 
amendments,  differing  from  those 
rejected  only  in  the  duty  on  raw 
wool,  which  he  now  proposed  at 
40  per  cent,  ad  valorem,  until  June 
30th,  1829,  and  then  an  additional  5 
per  cent,  annually,  until  it  amount- 
ed to  50  per  cent. 

Mr.  Buchanan  then  moved  to 
strike  out  all  Mr.  Mallary's  amend- 
ment, except  the  duty  on  raw  wool, 
and  to  substitute  a  duty  of  40  per 
cent,  ad  valorem  on  imported  wool- 
len, until  June  30th,  1829,  and  then 


a  similar  increase  of  5  per  cent- 
until  it  amounted  to  50  per  cent. 

March  28. — Mr.  Buchanan's 
amendment  was  rejected  without  a 
count. 

Mr.  Miller  then  moved  an  amend- 
ment, by  which  a  duty  of  40  per 
cent,  ad  valorem  was  proposed,  on 
both  imported  wool  and  woollens. 
This  being  rejected  by  a  large  ma- 
jority, the  question  recurred  on 
Mr.  Mallary's  amendment,  which 
was  rejected — 97  ayes,  98  nays. 

March  31. — Mr.  Sprague  then 
moved  to  strike  out  those  parts  of 
the  bill,  which  provided  increased 
duties  on  hemp,  molasses,  and 
duck.  This  motion  was  discussed 
until  April  4th,  when  Mr.  Clark 
moved  an  amendment,  imposing  a 
duty  of  41  cents  the  square  yard  on 
cotton  bagging,  until  30th  June, 
1829,  and  after  that  5£  cents. 
This  amendment  was  carried,  80 
to  76  nays. 

Mr.  Sprague's  amendment  being 
divided,  the  motion  to  strike  out 
the  duty  on  hemp  was  decided  in 
the  negative,  and  that  to  strike  out 
the  duty  on  molasses  was  also  de- 
cided in  the  negative — ayes  51, 
noes  105. 

Mr.  M'Coy  then  moved  an 
amendment  increasing  the  duty  on 
saltpetre,  which  was  negatived  ;  as 
were  several  amendments  to  in- 
crease the  duties  on  oil  cloths,  in- 
digo, and  Mr.  Wolfs  amendments 
respecting  the  duty  on  slates. 

Mr.  Havnes  moved  an  amend. 


TARIFF. 


incut,  giving  a  bounty  on  the  ex- 
portation of  cotton,  tobacco,  rice, 
flour,  corn,  and  meal,  which  was 
negatived. 

Mr.  Wright,  of  Ohio,  moved  an 
additional  amendment,  providing  a 
specific  duty  of  3  cents  per  !b.  on 
raw  wool,  and  an  additional  ad 
valorem  duty  of  40  per  cent.,  with 
an  annual  increase  of  5  per  cent., 
until  the  ad  valorem  duty  should 
equal  75  per  cent. 

He  proposed  to  impose  duties 
upon  imported  woollens,  according 
to  the  principle  of  minimums,  as 
proposed  by  Mr.  Mallary  ;  but  a 
specific,  instead  of  an  ad  valorem 
duty,  of  25  cents  the  square  yard 
on  the  1st  minimum  ;  $1  the  square 
yard  on  the  2d  minimum ;  $1  60 
the  square  yard  on  the  3d  mini- 
mum ;  and  on  all  over  $4  the  square 
yard,  an  ad  valorem  duty  of  45 
per  cent. 

On  blankets,  a  duty  of  40  per 
cent.,  with  an  annual  increase  of  5 
per  cent.,  until  it  amounted  to  50 
per  cent.  On  stuff  goods,  bom- 
bazines,  hosiery,  &c.  35  per  cent. 
On  hemp  and  flax,  $40  per  ton, 
with  an  annual  increase  of  $2  50, 
until  it  amounted  to  $55  per  ton. 
On  sail  duck,  9  cents  the  square 
yard.  On  molasses,  7£  cents  per 
gallon.  These  propositions  being 
rejected,  certain  other  amend- 
ments were  proposed,  to  increase 
the  duties  on  imported  lead,  oil, 
litharge,  silk,  currying  knives,  bolt 
iron,  all  which  were  successively 
negatived. 


Mr.  Buchanan  then  moved  to  in. 
crease  the  duty  on  foreign  spirits 
from  10  to  30  cents  per  gallon, 
which  was  carried,  83  affirmative, 
5<5  negative. 

The  committee  then  rose,  and 
reported  the  bill  and  amendments 
to  the  house. 

April  7. — The  discussion  was 
again  resumed  in  the  house,  and 
Mr.  Wright  again  moved  the 
amendments  proposed  in  commit, 
tee,  relating  to  blankets  and  worsted 
stuffs,  which  were  rejected  by  the 
several  votes,  of  78  ayes,  105  nays, 
and  73  ayes,  107  nays. 

Mr.  M'Duffie  then  rose  to  reply 
to  some  remarks  in  a  printed 
speech  of  Mr.  Burgess;  and  a 
warm  personal  discussion  ensuing 
between  them,  in  which  some  allu- 
sion was  made  to  an  elaborate  re- 
port, made  by  Mr.  M'Duffie,  as 
chairman  of  the  committee  of  ways 
and  means,  hostile  to  the  tariff  po- 
licy; Messrs.  Dwight,  Sprague, 
and  Brent,  the  only  members  on 
that  committee  friendly  to  the  ad- 
ministration, severally  rose  in  their 
places,  and  disclaimed  all  know- 
ledge of  that  report,  or  of  its  ever 
having  been  shown  to  them  in  the 
committee,  although  they  did  not 
accuse  the  chairman  of  any  unfair- 
ness of  conduct  or  intention,  in  not 
having  submitted  it  to  the  commit- 
tee when  they  were  present. 

The  first  amendment  passed  in 
the  committee,  imposing  a  duty  of 
70  cents  the  square  yard  on  Brus- 
sels, Turkey,  and  Wilton  carpet- 


50 


ANNUAL  REGISTER,  1627-8-9. 


ing,  of  40  cents  on  Venetian  and 
ingrained,  and  of  32  cents  on  all 
other  carpeting  of  wool,  flax,  hemp, 
or  cotton,  "was  carried — 125  affir- 
mative, 66  negative. 

Mr.  Wright  then  offered  an 
amendment,  imposing  a  duty  of  30 
per  cent,  ad  valorem,  on  hempen 
and  flaxen  manufactures,  with  a 
progressive  duty  of  5  per  cent,  un- 
til it  amounted  to  40  per  cent.  This 
was  rejected — 48  ayes,  143  nays. 
The  amendment,  imposing  a  duty 
on  cotton  bagging,  was  then  con- 
curred in — 112  ayes,  77  nays. 

April  8. — The  amendment  of 
Mr.  Buchanan,  increasing  the  du- 
ty on  imported  spirits  from  10  cents 
to  30  cents  per  gallon,  was  rejected 
— 58  yeas,  131  nays.  Mr.  B. 
then  moved  to  strike  out  10  and 
insert  20  cents,  which  was  also  re- 
jected— 90  yeas,  102  nays. 

A  motion  to  insert  15  cents,  in- 
stead of  10,  finally  prevailed — 106 
yeas,  87  nays. 

A  motion  made  by  Mr.  Mallary, 
to  strike  out  that  part  of  the  bill 
relating  to  wool  and  woollens,  was 
decided  in  the  negative — yeas  80, 
nays  114. 

April  9. — A  motion  made  by  Mr. 
Stevenson,  of  Pa.,  to  place  bolt 
iron  on  the  same  footing  as  bar 
iron,  was  carried — 117  yeas,  71 
nay  a. 

Mr.  Mallary  then  renewed  the 
amendments  respecting  wool  and 
woollens,  last  proposed  by  him  in 
the  committee  of  the  whole,  to 


which  Mr.  Buchanan  proposed  an 
amendment,  providing  that  all  wool- 
lens, except  flannels  and  baizes, 
valued  at  less  than  33^  cents  the 
square  yard,  shall  pay  only  a  duty 
of  30  per  cent,  ad  valorem,  with 
an  annual  progressive  increase  of 
5  per  cent,  for  two  years.  This 
amendment  was  accepted  by  Mr. 
Mallary,  as  a  modification  of  his 
own,  and  Mr.  Ingham  then  moved 
to  strike  out  the  progressive  duty 
on  all  woollens  of :  less  value  than 
50  cents  per  square  yard. 

This  amendment  was  rejected, 
and  Mr.  Davis  moved  to  recommit, 
the  bill,  with  instructions. 

April  10. — Mr.  Davis'  motion 
was  decided  in  the  negative — 78 
ayes,  111  nays. 

Mr.  Sutherland  then  proposed 
certain  amendments,  one  of  which, 
substituting  in  place  of  the  duty 
proposed  by  Mr.  Mallary  on  wool, 
a  duty  of  4  cents  per  lb.,  and  an 
additional  ad  valorem  duty  of  40 
per  cent.,  with  a  progressive  an- 
nual duty  of  5  per  cent.,  for  two 
years,  was  accepted — yeas  100, 
nays  98.  A  reconsideration  was 
then  moved  and  carrieti,  and  the 
amendments  proposed  by  Mr.  S.. 
respecting  imported  woollens,  were 
also  submitted  to  the  house,  with 
that  respecting  wool,  and  the  whole 
carried — 100  yeas,  99  nays. 

The  amendments  proposed  on 
Mr.  Mallary's  first  class  of  mini- 
mums,  20  cents  per  square  yard, 
specific  duty,  andon  woollens  cost- 


TARIFF. 


57 


ing  less  than  33^  cents,  14  cents 
the  square  yard. 

On  woollens  between  50  cents 
and  81,  a  specific  duty  of  40  cents 
the  square  yard. 

On  woollens  between  $1  and 
$2  50,  a  specific  duty  of  $1  the 
square  yard. 

All  woollens  between  $2  50  and 
$4,  shall  be  valued  at  $4,  and  an 
ad  valorem  duty  of  40  per  cent,  le- 
vied. 

On  all  woollens  costing  over  $4 
the  square  yard,  an  ad  valorem  du- 
ty of  45  per  cent. 

April  11. — Mr.  Wright  moved, 
to  add  to  the  above  amendment,  a 
clause  abolishing  the  custom-house 
credit  for  duties  on  all  woollens  im- 
ported by  foreigners.  A  question  of 
order  was  made,  on  the  ground  that 
this  motion  was  not  made  in  the 
committee  ;  and,  the  speaker  de- 
ciding it  to  be  in  order,  his  deci- 
sion was  reversed,  on  appeal  to 
the  house — ayes  85,  nays  113. 

Mr.  Starrs  then  renewed  the  mo- 
tion to  recommit  the  bill,  with  in- 
structions ;  and  it  was  again  decided 
in  the  negative — ayes  77,  nays 
121. 

April  12. — Mr.  Wright  moved 
to  increase  the  specific  duty  on 
the  least  minimum  to  25  cents ;  but 
it  was  rejected — 84  yeas,  115 nays. 

Mr.  Stewart  then  moved  a  pro- 
gressive annual  addition  of  5  per 
cent.,  for  two  years,  on  the  two 
higher  minimums  of  woollens,  and 
an  annual  addition  of  5  cents  per 

VOL.  HI. 


yard  on  the  lowest  minimum,  wu 
til  the  whole  duty  amounted  to  50 
cents;  and  on  the  second  mini, 
mum  an  annual  addition  of  121 
cents,  until  the  whole  amounted  to 
$1  25  the  square  yard. 

These  amendments  were  also 
rejected — yeas  85,  nays  110. 

Mr.  Stewart  then  moved  to 
change  the  mode  of  valuation  from 
the  place  of  production,  to  that 
where  they  were  imported  ;  but  it 
was  negatived — yeas  74,  nays  126, 
Several  other  attempts  were  inef- 
fectually made  to  increase  the  duty 
on  woollens,  and  to  diminish  it  oil 
wool ;  and  the  question  being  put 
on  Mr.  Mallary's  amendments,  as 
modified  by  Mr.  Sutherland,  they 
were  adopted — 183  yeas,  17  nays, 

April  14. — Mr.  Wolf  renewed 
his  motion  to  increase  the  duty  on 
slates,  and  Mr.  Haile  proposed 
amending  it,  by  adding  thereto  an 
increased  duty  on  indigo  ;  but  tho 
house  refused  to  agree  to  it — 52 
yeas,  145  nays. 

After  another  unsuccessful  at- 
tempt to  add  thereto  a  duty  of  $1  per 
gallon  on  castor  oil,  Mr.  Wolf's 
amendment  prevailed — yeas  104, 
nays  90. 

April  15. — Mr.  Gorham  pro- 
posed to  except  ravens  duck  from 
the  duty  on  sail  duck ;  but  the  house 
refused — 69  yeas,  123  nays. 

Mr.  Sprague  then  moved  to 
strike  out  the  proposed  duty  on 
molasses.  He  did  not  intend  to  go 
into  any  discussion  of  the  propriety 
8 


58 


ANiNUAL  REGISTER,  1827-a-i/. 


of  this  reduction  ;  and  more  espe- 
cially after  it  had  been  avowed  by 
several  gentlemen  from  New- York 
and  Georgia,  that  they  would  vote 
to  retain  this  item  in  the  bill;  and 
that  they  would  vote  for  every  pro- 
position, which  could  tend  to  render 
it  odious  and  oppressive  to  the 
country. 

A  motion  was  made  by  Mr.  Con- 
diet  to  fix  the  proposed  duty  at  7 
cents  per  gallon,  and  decided  in 
the  negative  ;  95  ayes,  104  nays. 

The  question  then  recurred  on 
Mr.  Sprague's  motion  to  strike  out, 
and  it  was  lost — 82  yeas,  114  nays. 

Mr.  Miller  then  moved  to  aug- 
ment the  duty  on  patent  floor  cloths 
to  50  cents  the  square  yard ;  on 
oil  cloth  carpeting  25  cents  the 
square  yard  ;  on  floor  matting  15 
cents  the  square  yard.  This  was 
agreed  to ;  yeas  99,  nays  93. 

Mr.  S.  Wright  moved  to  amend 
the  bill,  by  reducing  the  duty  on 
flax  from  $45  to  $35  per  ton ;  which 
was  agreed  to. 

The  previous  question  was  then 
moved  by  Mr.  Ward,  and  was  sus- 
tained  by  the  house — ayes  110, 
nays  91.  The  question  being 
put,  the  bill  passed — ayes  109, 
nays  91,  and  was  sent  to  the 
senate.  In  this  body,  opposition 
was  at  once  made  to  even  a  second 
reading ;  but  26  being  in  favour  of 
a  second  reading,  it  was  ordered 
to  a  third  reading,  and  referred  to 
the  committee  on  manufactures. 
On  the  30th  of  April  this  commit- 


tee  reported  the  bill  with  certain 
amendments,  the  purport  of  which 
were  to  impose  on, 

1st.  All  manufactures  of  iron 
not  particularly  taxed,  and  all  iron 
in  slabs,  loop,  or  in  any  other  form 
not  particularly  specified,  to  pay 
the  same  duty  as  bolt  and  bar  iron. 

2d.  Add  10  per  cent,  ad  valorem 
duty  on  currying  knives,  tanner's 
fleshers,  hatchets,  and  hammers. 

3d.  To  strike  out  the  proviso  in 
favour  of  woollens  of  less  cost  than 
33£  cents,  so  as  to  make  the  least 
minimum  50  cents ;  and  to  impose 
an  ad  valorem  of  40  per  cent,  with 
an  additional  increase  of  5  per 
cent,  after  one  year. 

4th.  To  change  the  mode  of 
levying  the  duty  on  the  minimums 
of  $1,  and  $2  50,  so  as  to  impose 
a  similar  ad  valorem  duty,  with  the 
same  advance  ;  and  to  estimate  all 
woollens  of  less  value  than  $1  at 
$1,  and  all  less  than  $2  50  at  $2  50, 

5th.  To  add  an  advance  of  5  per 
cent,  after  one  year,  on  the  pro- 
posed duty  on  all  woollens  costing 
over  $2  50  and  $4,  so  as  to  make 
the  several  duties  45  and  50  per 
cent. 

6th.  A  similar  advance  on  blan. 
kets. 

7th.  To  impose  50  per  cent,  ad 
valorem  duty  on  clothing  ready 
made. 

8th.  To  include  printed,  and  all 
other  oil  cloths,  among  the  oil  cloth 
carpeting  on  which  additional  du- 
ties were  proposed. 


TARIFF. 


9th.  To  increase  the  proposed 
duty  on  sail  duck  one  half  cent  per 
annum,  until  it  amounts  to  12£ 
cents  the  square  yard  ;  and  on  all 
other  flaxen  and  hempen  manufac- 
tures 10  per  cent,  ad  valorem,  in 
addition  to  the  present  duties,  ex- 
cept  linens,  on  which  the  additional 
ad  valorem  duty  was  to  be  15  per 
cent. 

10th  To  reduce  the  duty  on 
molasses  to  7£  cents  per  gallon. 

llth.  To  impose  an  ad  valorem 
duty  of  50  per  cent,  on  vermicelli. 

On  the  5th  of  May,  the  bill  and 
amendments  were  taken  into  con- 
sideration, and  Mr.  Smith  moved 
to  amend  the  first  amendment  by 
excepting  the  iron  for  rail-roads 
from  the  augmented  duty  on  iron  ; 
which  was  agreed  to  by  the  senate, 
23  to  22.  The  question  then  being 
taken  on  the  amendment  as  amend, 
ed,  it  was  lost,  18  to  24. 

The  second  amendment,  rela- 
ting to  currying  knives,  &c.  was 
also  rejected,  20  to  25.  The 
amendment  striking  out  the  pro- 
viso in  favour  of  woollens  of  less 
value  than  33±  cents,  was  also  re- 
jected, 22  to  24.  The  other 
amendments  relating  to  imported 
woollens,  were  carried,  34  to  22, 
except  that  respecting  blankets, 
which  was  decided  in  the  negative 
by  the  casting  vote  of  the  chair. 

The  amendment  augmenting  the 
duty  on  hemp  and  flaxen  manufac- 
tures, was  rejected,  22  to  24. 

The  amendment,   reducing  the 


proposed  duty  on  molasses,  was 
negatived,  21  affirmative,  25nega- 
gative,  after  an  animated  discussion. 

The  amendment  imposing  a  duty 
on  vermicelli  was  also  rejected, 
ayes  18,  nays  24  ;  and  the  senate 
adjourned. 

May  6. — Mr.  Kane  offered  an 
amendment,  imposing  a  duty  of  3 
cents  per  Ib.  on  lead  in  bars,  pigs, 
or  sheets  ;  4  cents,  per  Ib.  on  lead 
shot ;  5  cents  per  Ib.  on  red  or 
white  lead,  and  on  litherage,  and 
lead  manufactured  into  pipes.  He 
said  the  western  mines  were  capa- 
ble of  supplying  the  whole  Union. 

Mr.  Rowan  objected  to  the 
amendment,  on  the  ground  that  the 
United  States  was  the  proprietor 
of  those  mines,  and  it  was  merely 
laying  an  additional  duty  in  favour 
of  government.  He  had  voted  for 
the  duties  on  hemp,  distilled  spirits 
and  molasses,  on  the  principles  of 
the  American  system  ;  but  he  was 
opposed  to  it  altogether,  and  in 
voting  for  it,  he  consulted  the  in- 
terests of  his  constituents,  and  not 
his  private  opinions. 

The  amendment  was  adopted — 
ayes  29,  nays  17. 

Mr.  Chandler  moved  to  amend, 
by  reducing  the  duty  on  salt,  after 
June  1830,  but  it  was  negatived — 
ayes  19,  nays  26. 

Mr.  Benton  then  moved  to 
amend  by  laying  a  duty  of  45  per 
cent,  ad  valorem  on  fur ;  which  was 
negatived — 11  ayes,  35  nays. 

Mr.  Dickerson  moved  to  further 


ANNUAL  REGISTER,  1827-9-9. 


Amend  by  imposing  on  all  iron  in 
slabs,  blooms,  loops,  or  other  form 
less  finished  than  bar,  or  bolt  iron, 
the  same  duty  as  on  bar  and  bolt 
jron."  This  was  carried — ayes  25, 
nays  21, 

He  then  moved  to  increase  the 
proposed  duty  on  sail  duck,  half 
a  cent  yearly,  until  it  amount  to 
12£  cents  the  square  yard  ;  which, 
being  amended  on  motion  of  Mr. 
Sanford,  so  as  to  exclude  all  tar, 
and  other  materials,  except  foreign 
hemp,  from  the  benefit  of  the  draw- 
back allowed  on  exported  cordage, 
was  agreed  to — ayes  28,  nays  17. 

May  7. — Mr.  Parris  moved  to 
strike  out  the  section  abolishing  the 
drawback  on  the  exportation  of 
distilled  spirits. 

This  motion,  after  an  animated 
discussion  was  rejected — 21  ayes, 
25  nays. 

A  motion  to  strike  out  the  duty 
on  molasses  was  rejected  by  the 
same  vote. 

Mr.  Smith,  of  Maryland,  then 
moved  to  postpone  the  operation  of 
the  act,  from  the  30th  of  June,  to 
the  30th  of  September,  which  was 
also  decided  in  the  negative  by  a 
similar  vote. 

8th.  He  then  moved  to  impose 
a  duty  of  2^  cents  per  Ib.  on  sheath, 
ing  copper  ;  which  was  decided  in 
the  negative — 19  ayes,  26  nays. 
The  15th  of  Nov.  being  then  pro- 
posed  as  the  time  for  the  com- 
mencement  of  the  act,  the  senate 
negatived  it — 22  aves.  24  navs. 


9th.  A  motion  <o  strike  out  the 
duties  on  hemp,  flax,  cotton  bag- 
ging, sail  duck,  molasses,  and  dis- 
tilled spirits,  was  decided  in  the 
negative — 10  ayes,  36  nays.  Mr. 
Bent  on  then  proposed  a  duty  of 
$1  per  Ib.  on  indigo. 

Mr.  Dickerson  moved  to  amend 
the  proposed  duty  on  indigo,  by 
increasing  it  5  cents  per  Ib.  and 
10  cents  per  Ib.  annually,  until 
it  should  amount  to  50  cents  per  Ib. 
The  senate  being  equally  divided 
on  this  motion  to  amend,  the  Vice 
President  decided  in  the  negative. 
It  was  then  determined,  on  motion 
of  Mr.  Dickerson,  to  amend  by 
imposing  a  progressive  duty  of  25 
cents  per  Ib.  on  indigo,  for  2  years, 
so  as  to  make  50  cents  duty. 

The  senate  divided,  on  the  mo- 
tion  to  strike  out  $1 — 24  ayes,  22 
nays  ;  and  the  motion,  as  amend- 
ed,  was  negatived — 20  ayes,  24 
nays.  This  proposed  amendment 
being  thus  disposed  of,  Mr.  Dick- 
erson renewed  his  proposition  to 
impose  a  duty  of  5  cents,  and  then 
10  cents,  per  Ib.  annually,  until  the 
duty  amounted  to  50  cents  ;  which 
was  carried — 30  ayes,  14  nays. 

A  motion  by  Mr.  Smith,  of  Mary- 
land, to  dter  the  duty  on  cordage, 
was  rejected — ayes  17,  nays  28. 

12th.  Mr.  Benton  offered  seve- 
ral propositions  to  amend,  which 
were  rejected  ;  as  was  a  motion  by 
Mr.  Smith,  of  South  Carolina,  to 
strike  out  the  duty  on  cotton  bag- 
ging; a  motion  by  Mr. 


TARIFF. 


GJ 


to  strike  out  the  duties  on  steel 
and  lead  ;  a  motion  by  Mr.  Foote, 
to  strike  out  the  additional  duty  on 
distilled  spirits. 

Mr.  Smith,  of  Maryland,  then 
moved  to  amend,  by  postponing  the 
commencement  of  the  additional 
duty  on  iron,  to  the  1st  of  Septem- 
ber ;  which  was  carried — 24  ayes, 
23  nays. 

Mr.  Webster  moved  to  strike 
out  the  section  pointing  out  the 
duties  of  appraisers  ;  which  was 
negatived — 16  ayes,  31  nays. 

Mr.  Woodbury  moved  to  limit 
the  increased  duty  on  molasses,  to 
such  only  as  should  be  distilled. 
Negatived,  19  ayes,  28  nays. 

May  13.  Mr.  Hayne  moved  an 
indefinite  postponement  of  the  bill. 

Mr.  H.  said,  that  the  bill  was 
calculated  to  sever  the  bonds  of 
union.  He  frankly  avowed  that 
he  was  willing  to  introduce  any 
thing  into  it  that  would  destroy  it. 

The  manufacturers  were  in  a 
more  flourishing  condition  than  any 
other  class,  and  the  southern  states, 
infinitely  more  distressed  than  the 
northern.  If  they  could  have  fore- 
seen, that  the  exporting  states  would 
have  been  taxed  by  duties  on  im- 
ports for  the  whole  expenses  of  the 
Union,  they  would  never  have  join- 
ed the  confederacy. 

He  denounced  the  bill  as  partial, 
unjust,  and  unconstitutional,  and 
entered  a  solemn  protest  on  the 
part  of  the  southern  states,  against 
jts  passage. 


He  was  briefly  replied  to,  by  Mr. 
Webster,  and  the  senate  divided  on 
the  motion ; — 20  ayes,  27  nays ;  and 
the  senate  then  passed  the  bill  as 
amended — 26  ayes,  21  nays. 

The  bill  and  amendments  were 
then  sent  to  the  house  of  repre- 
sentatives, where,  May  15,  they 
were  severally  concured  in,  about 
67  voting  in  the  negative,  and  114 
in  the  affirmative.  The  bill  thus 
became  a  law ;  and  the  discussions 
which  had  been  sufficiently  anima- 
ted in  congress,  became  more  so 
when  freed  from  the  restraint  of 
legislative  decorum.  The  ultra 
opponents  of  the  tariff,  now  endea- 
voured to  show  that  the  passage  of 
this  law  was  a  violation  of  the  fede- 
ral compact ;  and  that  it  was  the 
duty  of  the  southern  states  to  act 
upon  the  subject,  in  their  capacity 
of  sovereign  and  independent 
states.  If  they  remained  quiet, 
their  inevitable  ruin  was  predicted. 
Great  Britain,  the  principal  con- 
sumer of  their  produce,  would  adopt 
retaliatory  measures ;  and  the  clos- 
ing of  their  chief  market  was  pour- 
trayed,  as  the  inevitable  conse- 
quence of  perseverance  in  this 
policy. 

Upon  the  course  of  trade,  as 
now  established,  viz.  the  exclusion 
of  all  our  staples  except  cotton, 
rice,  and  tobacco,  from  British  ports, 
and  the  admission  of  British  manu- 
factures into  the  United  States, 
capital  was  invested,  and  particular 
portions  of  the  country,  settled  and 


ANNUAL  REGISTER,  1827-8-9. 


cultivated.  Any  proposition  to  dis- 
turb this  commercial  system  was 
stigmatized  as  a  violation  of  vested 
rights,  and  denounced  as  a  tax 
upon  the  planter,  for  the  benefit  of 
northern  and  western  capital.  The 
diverting  capital  from  commerce 
into  manufactures,  and  supplying 
the  consumers  f  rum  domestic  looms, 
would  diminish  the  importations 
from  Great  Britain ;  and  the  loss  of 
her  market  which  now  took  four 
fifths  of  the  cotton  crop,  would  seal 
the  fate  of  the  south. 

The  inevitable  consequence  of 
this  policy  was  urged,  as  a  consti- 
tutional objection  to  the  power  of 
congress  to  pass  laws  having  such 
objects  in  view.  It  was  admitted, 
that  congress  might  augment  the 
imposts  to  any  amount,  but  it  must 
be  solely  with  a  view  to  revenue. 
The  collateral  effects  of  a  revenue 
law,  upon  the  course  of  trade,  and 
the  investment  of  capital,  would 
render  it  unconstitutional,  provided 
such  effects  were  contemplated  by 
congress  at  the  time  of  passing  it. 
The  powers  granted  by  the  consti- 
tution were  all  intended  for  the  ge- 
neral benefit ;  this  was  for  the  sole 
benefit  of  a  particular  section.  Its 
advocates  were  called  upon,  to  pro- 
duce the  grant  to  congress  of  any 
power  to  encourage  manufactures  ; 
and  it  was  denied,  that  any  such 
effects  could  be  produced  under  a 
power  given  for  another  purpose. 
This  argument  excluded  such  a 
grant,  under  the  power  of  laying 


impost.  One  of  the  chief  motives 
in  adopting  the  federal  constitu- 
tion, was  to  encourage  foreign  com- 
merce  ;  and  this  policy  aimed  to 
destroy  it.  Congress  might  pass 
any  law  for  the  purpose  of  regula- 
ting commerce  ;  but  this,  having 
its  destruction  in  view,  was  un- 
constitutional. The  constitutional 
power  to  pass  such  laws  being  de- 
nied, and  the  authority  of  the  fede- 
ral judiciary  to  decide  upon  its  va- 
lidity  being  also  questioned,  a  foun- 
dation was  laid  for  resisting  its  ex- 
ecution. The  state  legislatures 
were  designated  as  the  proper  bo- 
dies to  devise  the  means  of  resis- 
tance, and  various  propositions 
were  made,  to  defeat  the  object  of 
the  tariff  policy. 

In  order  to  stimulate  the  public 
mind,  to  sustain  them  in  the  decided 
steps  that  were  contemplated,  the 
most  inflammable  topics  were  set 
forth  in  periodical  publications,  and 
in  public  orations  ;  and  were  urged 
with  all  the  vehemence  and  ardour, 
which  characterizes  advocates 
whose  faculties  have  been  ripened 
under  the  influence  of  a  tropical 
sun.  The  constitution,  the  palla- 
dium of  our  liberties,  was  violated. 
The  tendency  of  the  federal  go- 
vernment to  consolidation  was  now 
so  manifest,  that  nothing  remained, 
butlo  devise  some  means  of  pre- 
serving the  peculiar  interests  of 
the  south,  from  being  sacrificed 
by  the  greater  power  of  the  nor- 
thern and  western  states,  guided 


TARIFF. 


as  it  was  by  cupidity  and  avarice. 
The  federal  judiciary  was  not  to 
be  depended  on.  It  had  too  often 
shown  its  inclination,  in  favour  of 
the  constructive  powers  of  the  fe- 
deral government,  to  be  now  se- 
lected  as  the  arbiter  of  a  question, 
in  which  the  violation  of  the  con- 
stitution  was  rather  in  spirit,  than 
in  the  letter. 

But  it  was  not  merely  by  argu- 
ments, that  the  passions  of  the  citi- 
zens of  the  south  were  excited. 
The  most  exciting  appeals  were 
made  to  th«m,  on  the  score  of  inte- 
rest. The  entire  loss  of  their  cot- 
ton market  was  immediately  to  fol- 
low  the  adoption  of  the  restrictive 
system  ;  and  this  sacrifice  of  sou- 
thern capital,  was  to  be  made 
solely  for  the  benefit  of  the  nor- 
thern manufacturer.  "  It  was  time 
to  calculate  the  value  of  the 
union."  The  southern  states  al- 
ready contributed  a  disproportion- 
ate share,  for  the  benefit  of  com- 
mon protection.  The  whole  reve- 
nue derived  from  imposts  was  re- 
presented, as  being  paid  by  them. 
They  furnished  nearly  all  the  ex- 
ports of  the  union  ;  and  the  reve- 
nue, it  was  said,  must  depend  upon 
our  ability  to  pay  for  the  importa- 
tions,  and,  therefore,  it  was  a  tax 
upon  the  south.  Was  it,  then,  to 
be  endured,  that  a  section  of  the 
union,  which,  for  a  fourth  part  of  a 
century,  had  furnished  nearly  all 
the  exports,  and  paid  the  revenue 
of  the  government — the  transporta- 


tion of  whose  productions  to  mar- 
ket had  been  already  burdened  by 
a  tax  for  the  encouragement  of  the 
navigation  of  New-England  ;    was 
it  to  be  endured  that  it  should  be 
further  taxed,  for  the  exclusive  be- 
nefit of  the  other  sections  of  the 
country  ?     The    constitution,   too, 
which  was  intended  for  the  general 
welfare,  and  for  the  protection  of 
federative   rights,  was   made   the 
mere    instrument    of    oppression. 
With  a  numerical  majority  which 
each  succeeding  census  would  in- 
crease, the   manufacturing  states 
were  determined  to  sacrifice  the 
real  interests  of  the  south  to  their 
own   imaginary  interests ;   and   in 
spite  of  arguments  the  most  irre- 
fragable, they  prostrated,  by  mere 
dint  of  numbers,  the   representa- 
tion of  the  planting  states  in   the 
national  legislature. 

If  such  disregard  of  their  sec- 
tional interests  were  manifested  in 
the  infancy  of  the  government; 
what,  it  was  asked,  would  be  the 
limit  of  its  power,  and  the  mea- 
sure of  its  claims,  when  age  and 
precedents,  long  acquiesced  in. 
had  strengthened  its  usurping 
hands  ? 

All  distinctions  between  the  fe- 
deral and  state  governments  would 
be  abolished,  and  swallowed  up  in 
its  constructive  powers ;  the  rights 
and  local  interests  of  the  states  de- 
pended  upon  the  mercy  of  con- 
gress ;  and  the  delicate  relation  be- 
tween rtiaster  and  slave  placed  at 


li-l 


ANNUAL  REGISTER,  1827-8-9 


the  discretion  of  a  majority  hav- 
ing no  interest  in  its  existence,  no 
knowledge  of  its  details,  and  only 
stimulated  to  abolish  it  by  humani- 
ty without  discretion,  or  by  a  fana- 
ticism which  regarded  no  conse- 
quences. Such  were  the  exciting 
topics  presented  to  the  inhabitants 
of  the  southern  states,  to  stimulate 
them  to  resistance  of  the  tariff;  and 
measures  were  taken  to  make  their 
resistance  in  an  effectual  manner, 
and  to  give  it  the  force  of  the  con- 
centrated opinion  of  the  whole 
southern  section  of  the  union. 
Upon  the  assembling  of  the  state 
legislatures  previous  to  the  passage 
of  the  tariff,  committees  were  ap- 
pointed, in  several  of  the  states,  to 
inquire  into  the  constitutional  pow- 
ers of  congress  in  relation  to  vari- 
ous subjects,  which  were  frequent- 
ly acted  upon  in  that  body. 

In  the  state  of  North  Carolina, 
the  joint  committee  contented  it- 
self  with  protesting  against  the 
passage  of  the  tariff,  as  oppressive 
upon  the  local  interests  of  that 
state,  and  as  violating  the  spirit  of 
the  constitution.  It  did  not,  how- 
ever, contend,  that  congress  had 
not  the  power  to  lay  duties  for  the 
protection  of  manufactures  ;  and 
concluded  with  a  resolution,  decla- 
ring it  inexpedient  to  increase  the 
duties  on  imports. 

The  remonstrance  of  the  legis- 
lature of  Alabama  went  somewhat 
farther  ;  and,  first  denying  the  con- 
stitutional power  of  congress  to 


1  ay  duties  expressly  to  protect  ma- 
nufactures, resolved  that  it  was  a 
palpable  usurpation,  and  little  less 
than  legalized  pillage  of  her  citi- 
zens, to  which  she  would  not  sub- 
mit, until  the  constitutional  means 
of  resistance  were  exhausted. 

It  was,  however,  reserved  for 
the  legislatures  of  South  Carolina 
and  Georgia  to  array  themselves 
in  opposition  to  the  national  go- 
vernment, on  other  subjects  be- 
sides the  tariff;  while  on  that  their 
hostility  was  carried  to  an  excess, 
which  had  not  often  been  witnessed 
in  the  United  States.  In  the  for- 
mer, the  committee  reported  reso- 
lutions, declaring  the  tariff  laws-  to 
be  a  violation  of  the  spirit  of  the 
constitution  ;  that  congress  had  no 
power  to  construct  roads  and  ca- 
nals for  the  purposes  of  internal 
improvement,  and  no  power  to  pa- 
tronize or  make  appropriations  for 
the  benefit  of  the  American  Colo- 
nization Society. 

The  legislature  of  Georgia  con- 
fined its  remonstrance  to  the  tariff 
and  internal  improvement ;  but 
after  declaring  the  constitution 
should  be  so  construed  as  to  deny 
the  exercise  of  these  powers,  de- 
clared, "  that  as  an  equal  party  to 
that  instrument,  it  would  insist 
upon  that  construction,  and  would 
submit  to  no  other." 

In  most  of  these  remonstrances, 
constitutional  resistance  to  the  ex- 
ercise of  these  unconstitutional 
powers  was  recommended;  but 


TARIFF. 


U5 


as  it  was  contended  that  the  state 
governments  had  a  right  to  inter- 
fere, and,  as  equal  parties  to  the 
compact,  to  construe  the  constitu- 
tion  for  themselves,  and  insist  upon 
such  constructions  as  would  pre- 
serve their  local  interests  from  the 
power  of  congress  ;  it  was  obvious 
that  the  constitutional  means  of 
resistance  contemplated,  consist- 
ed in  arraying  the  state  against 
the  federal  government.  The  dis- 
solution  of  the  union  was  the 
necessary  consequence ;  and  it 
was  openly  contended,  that  a  state 
had  a  right,  whenever  she  chose  to 
exercise  it,  of  withdrawing  from 
the  union  ;  and  that  no  constitu- 
tional provision  existed,  to  prevent 
her  from  declaring  herself  no  lon- 
ger a  member  of  the  confederacy. 

The  character  of  these  proceed- 
ings, and  the  tendency  of  the  ar- 
guments urged  in  their  behalf, 
brought  into  discussion  the  pecu- 
liar claims  of  the  southern  states, 
and  their  extraordinary  construc- 
tion of  the  federal  compact.  This 
compact  was  entered  into,  for  the 
purpose  of  protecting  the  com- 
merce of  the  country  from  hostile 
legislation,  and  to  aid  it,  while 
struggling  to  obtain  admission  of 
its  staple  productions  into  the  Eu- 
ropean market.  This  was  one  of 
the  chief  motives,  for  the  adoption 
of  the  federal  constitution.  After 
the  revolution,  the  oppressive  ope- 
ration of  the  commercial  system 
of  Great  Britain  had  been  the 

VOL,  III, 


chief  evil,  to  which  our  trade  was 
subjected  ;  and  the  main  cause  of 
most  of  the  difficulties  interposed, 
to  the  employment  of  American 
labour  and  capital. 

The  causes  which,  by  furnish- 
ing  employment  to  our  ships,  and  a 
market  to  our  agriculturists,  had 
relieved  our  government,  from  the 
necessity  of  adopting  counteract- 
ive measures  to  the  exclusive  sys- 
tem of  Great  Britain,  no  longer 
operated.  The  time  had  now  ar- 
rived, to  put  in  practice  those  pow- 
ers of  the  federal  government — 
powers  which  were  originally  vest- 
ed in  its  hands,  because  local  inte- 
rests had  prevented,  and  would 
always  prevent,  the  states  from 
using  them  with  energy  and  discre- 
tion. These  powers,  it  was  true, 
could  not  be  exercised,  without  dis- 
turbing the  established  and  accus- 
tomed employment  of  capital ;  nei- 
ther could  any  tonnage  duty,  or 
any  revenue  law,  be  enacted,  with- 
out  the  same  effect,  as  they  all  more 
or  less  affected  the  rate  of  profits; 
and  the  degree  to  which  this  ef- 
fect was  produced,  would  furnish 
rather  an  argument  as  to  the  ex^ 
pediency  of  the  exercise,  than  to 
the  constitutionality  of  the  power. 
The  simple  question  was,  is  the 
permanent  national  prosperity  best 
promoted  by  the  continuance  of 
our  commercial  intercourse  with 
Great  Britain,  on  its  present  foot- 
ing, or  by  an  alteration  of  its  terms, 
according  to  the  details  of  the  ta- 


ANNUAL  REGISTER,  1827-6-0. 


riff.  Its  operation  upon  the  pros- 
perity of  any  particular  section  of 
the  country,  is  a  subject  of  delibe- 
rate  consideration  ;  but  if  its  whole 
effect  be  good — if  the  national 
wealth  be  augmented  by  its  pas- 
sage, congress  is  justified  in  pass- 
ing  it.  It  would,  no  doubt,  be 
beneficial  to  the  planting  states, 
so  to  establish  our  commercial 
relations,  that  the  consumption  of 
the  whole  should  be  paid  for,  solely 
in  their  produce ;  but  this  would 
be  the  very  sacrifice,  and  that  in  a 
greater  degree,  than  the  one  to  be 
apprehended  from  the  augmenta- 
tion of  duties.  The  capital  and 
labour  of  the  north  and  west  are 
as  important  as  those  of  the  south, 
and  as  much  entitled  to  the  consi- 
deration of  the  national  govern- 
ment.  If  the  operation  of  the  pre- 
sent commercial  system  be  injuri- 
ous to  them,  so  that,  upon  the 
whole,  the  mass  of  the  capital  of 
the  country  is  unprofitably  em- 
ployed ;  or  subjected  to  the  unfa- 
vourable legislation  of  foreign  coun- 
tries, it  is  the  duty  of  congress  to 
provide  a  remedy.  This  remedy 
is,  in  imposing  duties  on  the  great 
staple  articles  of  the  nations  with 
whom  we  trade,  so  as  to  subject 
their  industry,  to  some  of  the  bur- 
dens imposed  by  their  revenue  sys- 
tems upon  the  great  staples  of  the 
United  States.  In  doing  this,  re- 
gard, of  course,  must  be  had  to  the 
ability  of  the  country  to  produce, 
at  home,  a  sufficiency  of  these  sta- 


ple imports  for  its  own  consump- 
tion— to  its  commercial  relations — 
to  the  permanent  and  temporary  in- 
vestments of  its  capital,  and  all  the 
various  employments  and  branches 
of  industry  of  its  citizens. 

After  a  full  consideration  of  these 
topics  by  congress,  its  decision  on. 
the  subject  is  conclusive.  The 
state  legislatures  have  no  power  to 
declare  this  decision  unconstitution- 
al. This  power  is  intrusted  only 
to  the  federal  judiciary.  The  state 
government  is,  indeed,  invested 
with  means  to  resist  the  execution 
of  the  law ;  but,  if  the  local  authori- 
ties venture  to  exercise  them,  they 
must  do  it  in  violation  of  that  oath 
by  which  they  are  bound  to  sup- 
port the  constitution  of  the  United 
States ;  and  by  arraying  themselves 
against  the  federal  authorities,  they 
place  the  unfortunate  citizens  whom 
they  represent,  in  a  state  of  hostili- 
ty with  the  rest  of  the  union,  and 
owing  allegiance,  both  to  the  go- 
vernment which  declares  the  com- 
pact violated,  and  to  that  which  in- 
sists on  its  enforcement,  and  on  a 
compliance  with  its  obligations. — 
The  national  constitution  never 
contemplated  such  a  state  of  things 
as  possible.  It  provides  only  for  a 
peaceable  and  judicial  enforcement 
of  its  provisions  ;  but  it  intrusts  the 
federal  government  with  the  purse 
and  sword  of  the  nation,  and  impo. 
ses  on  it,  the  positive  duties  of  car- 
rying into  effect  the  laws  of  the 
land.  These  laws  operate  over  the 


TARIFF. 


whole  territory  of  the  union,  and 
must  be  enforced  according  to  the 
intention  of  congress,  in  all  parts 
of  the  country.  The  state  govern, 
inents  may,  and  often  do,  protest 
strongly  against  particular  acts,  as 
unjust,  and  unconstitutional ;  but 
the  habitual  affection  of  their  citi- 
zens to  the  union,  and  their  reve- 
rence  for  the  laws,  seem  to  keep 


those  ebullitions  within  reasonable 
bounds,  and  prevent  them  from  re- 
sorting to  illegal  opposition. 

The  discontent  excited  by  the 
passage  of  the  tariff,  shared  the 
fate  of  all  sectional  excitements  of 
a  similar  character.  After  threat- 
ening rebellion,  it  sunk  into  a  note 
of  violent  remonstrance,  and  at  last, 
expended  itself  in  angry  murmurs. 


CHAPTER  III. 


Relations  between  Indians  and  colonial  governments — scheme  adopted  for 
their  improvement —  Ckerokees —  Chickasaws —  Choctaws — Creeks — 
Northwestern  tribes — plan  for  their  removal. 


THE  relations  of  the  aboriginal 
tribes  within  the  limits  of  the  Union 
to  the  state  and  federal  govern- 
ments, form  an  anomaly  in  the  his- 
tory of  the  world.  Not  entirely  in- 
dependent, nor  yet  acknowledging 
any  authority  except  of  their  coun- 
cils and  chiefs  they  exist  as  distinct 
communities,  surrounded,  but  not 
amalgamated  with  the  whites  ;  their 
relations  with  them  defined  by  trea- 
ties, but  with  no  right  of  appeal  in 
case  of  their  infraction,  and  no  se- 
curity for  their  observance,  except 
the  good  faith  and  sense  of  justice 
of  the  stronger  party  ;  governed  by 
their  local  customs,  which,  howe- 
ver, are  not  recognised  as  laws  by 
the  people  who  claim  sovereignty 
over  the  whole  country ;  with  an 
acknowledged  right  to  the  territory 
they  occupy,  founded  in  prescrip- 
tion, and  guarantied  by  numerous 
treaties,  but  without  the  right  of 
disposing  of  it  at  pleasure  ;  recogni- 
sing no  civilized  system  of  jurispru- 


dence, and  legislating  within  their 
own  limits  only  for  their  own  peo- 
ple ;  their  peculiar  habits  as  a  dis- 
tinct class,  obviously  modified  by 
the  influence  of  civilization,  but 
leaving  it  still  problematical,  whe- 
ther their  existence  as  one  of  the 
species  of  the  human  race  is  not  ap- 
proaching its  final  termination — 
they  present  a  subject  well  worthy 
the  consideration  of  the  philanthro- 
pist, and  from  which  the  legislator 
and  statesman  cannot  avert  their 
attention,  without  assuming  the  most 
fearful  responsibility. 

By  the  common  consent  of  civi- 
lized nations,  the  aboriginal  inhabi- 
tants of  this  continent  were  at  an 
early  period  assumed  to  be  depen- 
dent upon  the  sovereign  who  occu- 
pied it  by  the  right  of  discovery. 

All  interference  with  them  by  any 
other  civilized  power,  was  thus  ex- 
cluded ;  and  the  government,  by 
virtue  of  its  sovereign  authority, 
prohibited  or  regulated  all  inter- 


70 


ANNUAL    REGISTER,  1827-8-9. 


course  between  them  and  its  own 
citizens.  They  were  thus  redu- 
ced to  a  state  of  dependency  ;  but 
this,  in  some  instances,  as  in  the 
Anglo-American  colonies,  was  done 
by  acting  indirectly  upon  the  In- 
dians, and  by  making  only  the  white 
man  amenable  to  punishment  for  a 
violation  of  the  laws  regulating  the 
intercourse  with  them. 

Direct  usurpation  was  thus  avoid- 
ed on  the  part  of  the  civilized  an- 
thorities  ;  and  though  in  some  in- 
stances hostilities  with  the  tribes, 
caused  by  the  injustice  and  violence 
of  the  frontier  settlers,  have  npsult- 
ed  in  the  conquest  and  occupation 
of  Indian  territory,  the  public  faith, 
and  the  great  principles  of  natural 
and  national  law,  have  been  pre- 
served inviolable,  and  substantial 
justice  has  been  done  to  them. 

Even  in  the  first  settlement  of 
the  country,  the  right  which  the 
civilized  man  has  to  vacant  terri- 
tory was  in  no  instance  solely  re- 
lied on.  The  imperfect  right  of  the 
aborigines  to  the  vacant  wilderness 
was  bargained  for,  and  agreements 
were  made,  by  which  the  consent 
of  the  chiefs  was  obtained  for  the 
occupation  by  the  whites  of  certain 
territory. 

The  history  of  the  colonial  set- 
tlements shows  how  generally  this 
right  was  respected ;  and  it  may  be 
safely  asserted,  that  neither  in  the 
Anglo-American  colonies  or  states 
was  it  ever  pretended  that  the  ab- 
original had  no  title  to  the  soil. 


The  influence  of  civilization,  how- 
ever, upon  the  natives,  notwith- 
standing the  earnest  and  zealous 
efforts  of  many  benevolent  men, 
was  unfavourable.  They  yearly 
diminished  in  numbers.  The  In- 
dian race,  distinguished  as  it  was 
for  so  many  heroic  and  exalted 
qualities,  seemed  wasting  away. 
The  Pequot  and  Narraganset  tribes 
had  already  ceased  to  exist ;  and  in 
a  few  more  generations,  unless 
some  check  could  be  interposed  to 
the  process  of  destruction,  the 
sword,  the  pestilence,  and  the  vices 
which  they  had  acquired  from  the 
example  of  their  civilized  neigh- 
bours, without  adopting  the  social 
and  political  system  which  depri- 
ved those  vices  of  their  extermina- 
ting qualities,  would  have  comple- 
ted their  work  ;  and  the  race  would 
be  numbered  with  those,  whose 
language  and  customs  only  excite 
the  curiosity  of  the  antiquarian. 
The  gradual  recession  of  this  ex- 
traordinary race  from  the  advan- 
cing footsteps  of  civilization,  and 
the  disappearance  of  tribe  after 
tribe  from  the  continent,  as  it  be« 
came  occupied  by  civilized  men. 
leaving  only  their  monuments  to 
indicate  they  once  had  been,  exci- 
ted a  melancholy  interest  in  the 
public  mind,  even  previous  to  the 
American  revolution.  The  humane 
saw,  that  this  process  of  extinction 
was  every  where  a  consequence  of 
the  contiguity  of  European  settle- 
ments. As  philanthropists,  there- 


INDIAN  AFFAIRS. 


71 


lore,  aud  as  patriots,  watchful  over 
the  national  character,  they  were 
desirous  to  save  the  Indian  from  his 
impending  fate,  and  to  elevate  him 
to  the  rank  of  civilized  man.  They 
felt  this  to  be  due,  not  only  to  the 
savages  and  to  their  own  character, 
but  it  was  a  just  tribute  to  their  an- 
cestors, who  had  founded  this  em- 
pire of  civilized  humanity  in  the 
American  wilderness,  as  an  asylum 
from  the  oppression  and  injustice 
of  the  old  world. 

Upon  the  assumption  of  inde- 
pendence, this  anxiety  was  increas- 
ed by  the  greater  responsibility 
which  devolved  upon  them,  as  the 
sole  arbiters  of  the  future  relations 
that  were  to  exist  between  the  ci- 
vilized and  Christian  states,  estab- 
lished by  their  efforts  and  the  igno- 
rant and  heathen  tribes  within 
their  limits.  While  they  anxiously 
sought  to  perpetuate  and  extend  the 
American  republic,  they  were  not 
unmindful  of  the  untutored  savages 
around  them.  Even  at  the  com- 
mencement of  their  desperate  con- 
flict with  the  parent  country — 
when  their  coast  was  assailed  by 
her  fleets,  their  territory  occupied 
by  her  armies,  and  their  frontier 
settlements  threatened  by  the  sava- 
ges, who  were  regarded  as  a  part 
of  the  means  "  placed  by  God  and 
nature  in  her  power,"  to  reduce 
them  to  submission ;  at  this  mo- 
ment of  impending  peril,  they  for- 
got not  their  obligations  towards  the 
aboriginals,  but  deliberately  adopt- 


ed, as  a  part  of  their  national  policy 
a  plan  to  improve  their  condition. 

They  exhorted  them  to  stand 
aloof  during  the  approaching  con- 
flict. An  Indian  department  was 
organized,  and  placed  under  the 
direction  of  commissioners ;  and 
in  the  same  year  that  the  declara- 
tion of  independence  received  the 
sanction  of  congress,  resolutions 
were  adopted,  providing  for  the 
protection  and  improvement  of  the 
condition  of  the  aborigines,  and  re- 
commending measures  for  the  pro- 
pagation of  the  gospel,  and  the  intro- 
duction of  the  arts  of  civilized  life 
among  them.  From  that  period, 
down  to  the  adoption  of  the  federal 
constitution,  the  efforts  of  congress 
were  directed  to  establish  peaceful 
and  friendly  relations  between  the 
United  States  and  the  Indian  tribes, 
upon  fair  and  moderate  terms  ;  and 
upon  the  adoption  of  that  instru- 
ment, this  philanthropic  policy  was 
more  fully  developed,  and  carried 
into  effect  with  more  enlarged 
views  and  extended  means.  Pre- 
vious to  that  event,  difficulties  had 
grown  out  of  the  claims  on  the 
part  of  the  state  governments  to 
participate  in  the  care  and  estab- 
lishment of  our  Indian  relations. 
By  the  articles  of  confederation, 
congress  was  invested  with  the  pow- 
er "  of  regulating  trade  and  ma- 
naging all  affairs  with  the  Indians 
not  members  of  any  of  the  states, 
provided  the  legislative  right  of 
any  state  within  its  own  limits,  be 


ANNUAL  REGISTER,  18^7-s-y. 


not  infringed  or  violated."  These 
limitations  on  its  authority,  proved 
the  source  of  much  embarrassment 
under  the  old  confederation. 

It  was  impossible  to  make  any 
treaties  with  the  Indian  tribes, 
which  might  not,  in  some  event, 
be  construed  as  infringing,  or  limit- 
ing the  legislative  right  of  the  state, 
within  whose  limits  they  were  si- 
tuated. 

Collisions  were  also  produced, 
by  the  express  limitation  of  this 
power  to  Indians,  who  were  not 
members  of  the  states.  It  was 
indeed  easy  to  discriminate  between 
the  powerful  southern  and  north- 
western tribes,  who  claimed  to  be 
independent,  and  by  their  number 
and  courage  afforded  substantial 
evidence  of  the  strength  of  their 
claim  ;  and  those  feeble  remnants 
that  were  found  in  the  eastern 
and  middle  states,  and  the  Indian 
reservations.  These  tribes,  whoso 
numbers  seldom  amounted  to  a  hun- 
dred families,  deprived  of  the  pow- 
or  of  sustaining  themselves,  par- 
tially civilized,  and  accustomed  to 
depend  upon  the  protection  and 
humane  care  of  the  local  authori- 
ties, were  properly  considered 
as  members  of  the  states  where 
they  resided.  Without  any  of  the 
attributes  of  independence — unable 
to  protect  themselves  from  their 
neighbours,  and  even  from  them- 
selves, it  was  humane  and  fit  that 
those  who  were  able  should  assume 
the  power  and  responsibility  of 


controlling  and  governing  them. — 
They  were  not  regarded  as  objects 
of  the  care  of  a  government  instf- 
tuted  for  national  purposes  ;  but 
formed  a  part  of  the  several  com- 
munities in  whose  bosom  they 
dwelt,  as  the  gipsies  formerly  con- 
stituted a  part  of  the  European 
states. 

On  the  other  hand,  those  tribes 
which  did  not  come  in  contact  with 
even  the  frontier  settlements  of 
the  colonists,  as  naturally  fell 
within  the  jurisdiction  of  the  gene- 
ral government.  They  were  in- 
dependent in  fact,  under  the  go- 
vernment of  their  own  chiefs  and 
national  councils  ;  and  at  the 
formation  of  our  government,  so 
far  from  claiming  any  authority 
over  them,  great  solicitude  was 
manifested,  and  great  pains  taken, 
by  the  public  authorities,  to  con- 
ciliate them,  and  to  preserve  their 
friendship  and  neutrality. 

Between  these  two  classes  there 
was  a  great  distance,  and  the  tribes 
that  did  not  clearly  fall  within  the 
one  or  the  other,  afforded  ground  for 
controversy  between  the  continen- 
tal congress  and  the  state  govern- 
ments. 

The  federal  constitution  w;is 
framed  with  full  reference  to  this 
state  of  things.  In  the  convention 
which  framed  that  instrument,  seve- 
ral efforts  were  ineffectually  made 
to  adjust  these  conflicting  claims. 

At  length  the  matter  was  arran- 

O 

ged,  by  vesting  the  treaty-roaking 


INDIAN  AFFAIRS. 


power  exclusively  in  the  United 
States  ;  making  these  treaties  the 
supreme  law  of  the  land  ;  and  by 
omitting  the  proviso,  preventing 
congress  from  making  any  Indian 
regulations,  infringing  the  legisla- 
tive right  of  any  state  within  its 
own  limits.  The  grant  of  unqua- 
lified authority  to  regulate  com- 
merce  with  the  Indians,  the  exclu- 
sive right  of  repelling  by  force 
their  hostile  encroachments,  and 
of  making  treaties  with  them,  ves- 
ted the  whole  power  in  the  gene- 
ral government. 

In  pursuance  of  the  authority 
thus  granted,  the  venerable  Wash- 
ington and  his  enlightened  cabinet 
proceeded  to  fulfil  their  duties,  both 
towards  the  states  and  the  Indian 
nations.  They  intended,  if  possi- 
ble, to  raise  them  to  an  equality 
with  the  whites ;  and  all  events  to 
show  to  the  world,  in  case  of  their 
extinction,  that  the  American  go- 
vernment had  no  participation  in 
hastening  that  unhappy  result. 

With  this  view,  provisions  were 
made  regulating  the  Indian  trade, 
and  a  deliberate  scheme  of  policy 
adopted  for  their  gradual  improve- 
ment and  civilization.  Treaties 
were  made  with  the  principal  tribes, 
defining  the  boundaries  between 
their  territory  and  that  belonging 
to  the  whites ;  and  the  United  States 
agreed  to  furnish  them  with  domes- 
tic animals,  implements  of  hus- 
bandry, blacksmiths,  and,  in  some 
instances,  "  suitable  persons  to 

VOL.  TIT.  10 


teach  them  to  make  fences,  culti- 
vate the  earth,  and  such  of  the  do- 
mestic arts  as  are  adapted  to  their 
situation.  The  object  of  these 
treaties  cannot  be  misunderstood. 
It  was  an  offer,  on  the  part  of  the 
national  government  to  the  aborigi- 
nal of  civilization.  It  was  a  mani- 
festation, of  one  of  the  most  glo- 
rious attributes  of  superior  intelli- 
gence, and  breathed  the  purest  spi- 
rit of  a  religion,  which  proclaims 
peace  on  earth,  good  will  among 
men. 

This  offer  was  accepted  on  the 
part  of  the  Indians.  Amidst  all  the 
degradation  which  had  attended 
their  intercourse  with  the  whites, 
a  portion  of  them  had  always  mani- 
fested an  earnest  wish,  to  preserve 
their  race  from  extinction,  and  to 
partake  of  the  improvement  of  their 
civilized  brethren. 

Upon  this  footing,  our  relations 
stood  at  the  commencement  of  the 
federal  government.  This  govern- 
ment claimed  sovereignty,  over  the 
whole  territory  as  defined  by  the 
treaty  of  1783,  to  the  exclusion  of 
all  civilized  powers  ;  but  did  not 
assume,  to  exercise  any  of  its  rights 
over  the  Indian  tribes,  which  exist- 
ed as  distinct  communities.  Some 
of  the  tribes,  had  so  far  diminished 
in  number,  as  to  cease  to  be  objects 
of  national  concern.  Others,  though 
more  numerous,  and  still  preserving 
their  individuality  and  peculiar  laws, 
had  formed  relations  with  the  state 
governments,  anterior  to  the  adop 


\.\NUAL  REGISTER,  1827-8-y. 


lion  of  the  federal  constitution, 
which  in  some  measure  removed 
(hem  from  the  jurisdiction  of  the 
general  government.  Such  were 
the  Six  Nations,  three  of  whom,  the 
Oneidas,  the  Onondagas  and  the 
Cayugas,  previous  to  that  period, 
had  ceded  their  lands  to  the  state  of 
New- York,  and  accepted  of  a  title 
to  the  parts  reserved  for  their  own 
use,  as  sub-grantees  of  the  state. 

At  a  later  period,  the  Mohawks 
executed  a  similar  cession. 

The  Six  Nations  too,  having  long 
before  put  themselves  under  the 
protection  of  the  colonial  govern- 
ment of  New-York,  as  dependents 
and  allies,  the  ordinary  relations 
between  the  general  government 
and  the  Indian  tribes,  were  in  some 
degree  modified  so  far  as  these  na- 
tions were  concerned. 

With  the  powerful  southern  and 
north  western  tribes,  these  rela- 
tions, although  peculiar  and  ano- 
malous, were  sufficiently  well  de- 
fined. 

The  tribes  were  treated  as  dis- 
tinct and  independent,  and  the  boun- 
dariesbetween  their  lands  and  those 
relinquished  to  the  whites,  were 
marked  out  by  treaties. 

To  these  treaties,  the  president 
affixed  his  seal,  and  the  consent  of 
two  thirds  of  the  senate  was  requi- 
red to  ratify  them,  as  if  made  with 
foreign  powers.  They  then  be- 
came, in  the  language  of  the  con- 
stitution, the  supreme  law  of  the 
land.  By  these  treaties,  the  In. 


dians  stipulated,  to  enter  into  no 
compact  with  any  other  power  ;  and 
that  the  United  States  should  have 
the  exclusive  right  of  regulating 
their  trade  ;  and  the  law  regulating 
the  intercourse  with  the  Indians 
operating  upon  our  own  citizens,  in 
effect,  placed  them  in  a  state  of  de- 
pendence upon  the  federal  govern- 
ment, except  in  their  domestic  con- 
cerns and  internal  regulations.  On 
the  other  hand,  the  United  States 
solemnly  guarantied  to  them  their 
lands  not  ceded,  and  expressly  put 
all  American  citizens  settling  there- 
on out  of  their  protection,  and  sub- 
jected them  to  the  jurisdiction  and 
laws  of  the  Indians. 

Provisions  were  also  made  for  the 
surrender  of  criminals,  and  for  the 
punishment  of  crimes  committed  by 
citizens,  within  the  Indian  territory. 

There  were  other  relations,  grow- 
ing out  of  the  character  of  the  par- 
ties to  these  compacts.  While  the 
United  States  exercised  a  modified 
sovereignty  over  the  country,  and 
possessed  by  treaty  (Jie  exclusive 
right  of  pre-emption  of  the  abori- 
ginal  title ;  the  Indians  occupied  and 
cultivated  portions  of  it  as  agricul- 
turists ;  used  the  remainder  for 
hunting  grounds ;  and  held  the  gua- 
ranty of  the  United  States  for  the 
whole  territory,  themselves  and 
their  posterity. 

It  might  possibly  have  been  sup. 
posed,  that  no  efforts  would  avert 
the  fate,  to  which  the  original  inha- 
bitants of  this  continent  seemed 


1 


INDIAN  AFFAIRS. 


75 


destined,  and  that  these  stipulations 
would  prove  nugatory.  This  sup- 
position, however,  is  inconsistent 
with  the  general  spirit  of  these  trea- 
ties, and  is  scarcely  reconcilable 
with  good  faith.  By  the  tenor  of 
nearly  all  these  treaties,  the  perma- 
nent occupation  of  their  country 
within  the  defined  limits,  by  the  In- 
dians, is  contemplated  by  both  par- 
ties :  and  the  United  States  gene- 
rally stipulated,  to  furnish  them  with 
agricultural  implements  ;  to  cause 
them  to  be  instructed  in  the  mecha- 
nic arts ;  to  endeavour  to  civilize 
hem  ;  and  to  render  them  a  station, 
ary  people,  depending  for  subsist- 
ence on  the  cultivation  of  the  soil. 
In  establishing  these  relations,  the 
white  man  was  the  lawgiver,  and 
the  aboriginals  acceded  to  these 
treaties,  because  they  confided  in 
the  good  faith  and  superior  intelli- 
gence of  the  civilized  party.  The 
president  of  the  United  States  was 
their  great  father ;  and  the  general 
government  stood  in  the  relation  of 
an  adviser  and  guardian. 

The  undefined  rights  which  had 
before  existed,  were  now  modified 
and  settled  by  treaties.  The  right, 
which  civilized  man  had  to  occupy 
vacant  territory  in  the  wilderness, 
to  the  exclusion  of  the  savage,  was 
now  changed  to  an  absolute  right  to 
the  country  within  specified  limits ; 
while  the  claim  of  the  aboriginal  to 
the  territory  where  he  had  hunted, 
was  converted  into  a  guarantied 
vight  to  a  certain  portion  of  it,  defi. 


ned  by  metes  and  bounds.  Pre- 
vious  to  this  guaranty,  their  right  to 
a  portion  of  the  country  was  such, 
as  could  not  be  wholly  taken  away, 
even  for  the  use  of  civilized  man, 
without  a  violation  of  the  great  and 
immutable  principles  of  morality 
and  natural  justice.  So  long  as  the 
wilderness  is  large  enough  for  all, 
the  right  which  civilized  man  has 
to  occupy  it,  must  be  confined  to  the 
vacant  territory.  It  must  be  exer- 
cised, so  as  not  to  unnecessarily 
deprive  the  Indian,  of  that  portion 
of  land  necessary  for  his  accom- 
modation. 

To  this  territory  his  right  is  com- 
plete, and  cannot  be  affected  by 
any  claims  derived  from  the  supe- 
riority of  civilized  man.  But  when 
this  is  converted  by  treaties  into  an 
absolute  right, — when  the  Indians 
have  been  encouraged  to  relinquish 
their  vagrant  habits  for  those  of 
agriculturists,  and  to  attach  them- 
selves  to  the  soil,  all  this  reasoning, 
drawn  from  the  difference  between 
barbarous  and  civilized  communi- 
ties, is  at  an  end. — The  Indians 
become  possessed  of  a  right  to  the 
soil,  which  they  may  use  in  any 
manner  they  deem  proper,  subject 
only  to  the  condition,  that  if  sold  it 
must  be  sold  to  the  United  States. 
Until  they  do  that,  they  may  ap- 
propriate  it  for  farming,  for  pastu- 
rage, or  hunting  ;  they  may  even 
divide  it  among  themselves,  and 
become  a  civilized  people  ;  and  the 
federal  government  bound  itself. 


ANNUAL  REGISTER,  1827-8-9. 


and  is  still  bound,  by  numerous 
treaties,  to  promote  that  desirable 
object. 

Such  were  the  relations  between 
the  federal  government  and  the  In- 
dian tribes,  when,  with  the  view  of 
determining  a  controversy,  which 
had  existed  ever  since  the  revolu- 
tion,  between  Georgia  and  the  rest 
of  the  Union,  concerning  the  west- 
ern boundary  of  that  state,  an  agree- 
inent  was  made  in  1 802  by  commis- 
sioners representing  both  parties. 
By  that  agreement,  each  party  gave 
up  a  portion  of  its  claim ;  the  state  of 
Georgia  relinquishing  its  claims  to 
the  territory,  now  forming  the  states 
of  Alabama  and  Mississippi ;  and 
the  United  States  relinquishing  its 
claim  to  the  territory,  between  the 
western  boundary  of  Georgia  and 
a  line  drawn  along  the  Appalachian 
ridge  to  the  head  of  the  Ocmulgea, 
down  that  river  to  the  great  turn 
opposite  Jacksonville,  and  thence 
to  the  head  of  the  St.  Mary's. 
This  portion  comprehends  all  the 
Indian  territory.  The  federal 
government  also  bound  itself,  to  ex- 
tinguish the  Indian  title  within  the 
state  ;  but  mindful  of  its  previous 
obligations  towards  the  aborigines, 
this  stipulation  was  limited  by  a 
proviso,  "when  it  could  be  done 
peaceably  and  upon  reasonable 
terms." 

This  agreement  did  not  modify 
the  existing  relations,  with  the  In- 
dian tribes  in  that  state  in  the  least 
degree.  They  were  not  parties  to 


the  agreement,  and  have  never  as'* 
sented  to  it. — The  general  gov- 
ernment, however,  in  pursuance  of 
these  new  obligations,  proceeded, 
at  its  own  expense,  to  extinguish, 
from  time  to  time,  the  Indian  title 
of  such  portions  of  their  territory 
as  they  were  willing  to  sell.  In 
this  manner,  about  15,000,000 
acres  had  been  acquired  by  the 
state  of  Georgia,  previous  to  the 
year  1825.  At  the  commencement 
of  that  year  9,537,000  remained  in 
the  possession  of  the  Indians,  of 
which  5,292,000  belonged  to  the 
Cherokees,  and  4,245,000  to  the 
Creeks.  The  state  government  had 
been  pressing  the  general  govern- 
ment, for  several  years  previous  to 
that  time,  to  complete  the  extin- 
guishment, of  the  aboriginal  title  ; 
and  the  general  government  had 
vainly  endeavoured,  to  procure  the 
assent  of  the  Indians  to  the  cession 
of  any  more  land. 

They  replied,  that  they  had  no 
more  than  was  wanted  for  their  own 
use  ;  and  that  they  had  resolved 
not  to  sell  any  more.  The  com- 
missioners appointed  to  treat  with 
the  Creeks,  notwithstanding  this 
refusal,  proceeded  to  form  a  trea- 
ty with  a  small  portion  of  the  na- 
tion, for  the  cession  of  all  their 
lands. 

This  produced  great  excitement 
among  the  Creeks,  who  caused  the 
two  chiefs,  signing  the  treaty,  to 
be  executed,  for  a  violation  of  their 
laws.  The  treatv  itself,  which  had 


INDIAN  AFFAIRS. 


77 


been  ratified  by  the  President  and 
Senate,  without  any  knowledge  of 
the  circumstances  under  which  it 
was  executed,  was  afterwards  de- 
clared void,  as  fraudulent.  .The 
state  government,  however,  insist- 
ing on  the  treaty  as  valid,  in  order 
to  prevent  any  collision  between 
the  federal  and  state  authorities, 
the  Creeks  were  induced  to  enter 
into  a  new  treaty,  by  which  their 
title,  to  that  part  of  their  territory  in 
the  state  of  Georgia  was  extinguish- 
ed. During  the  whole  of  this  con- 
troversy, of  which  a  more  particu- 
lar account  will  be  found  in  the 
vol.  of  the  Register  for  1825-6, 
pages  42  and  343,  and  in  the  next 
vol.  page  85,  the  conduct  of  the 
genera]  government,  although  de- 
nounced by  the  state,  in  a  tone  alike 
discreditable  to  its  humanity  and 
patriotism,  was  in  conformity  with 
both  its  express  and  implied  obli- 
gations. 

The  Creeks  being  thus  removed 
from  the  state,  its  attention  was 
immediately  directed  towards  the 
Cherokees.  This  nation  had  been 
long  distinguished,  for  being  in  ad- 
vance of  the  other  Indian  tribes  in 
the  arts  of  civilization.  Some  of 
their  chieftains  have  been  really 
great  men,  fully  sensible  of  the 
disadvantages  of  their  condition, 
and  sagacious  in  devising  means 
to  remedy  them.  Among  these 
chieftains,  the  late  Charles  Hicks, 
and  John  Ross,  now  at  the  head  of 
>he  nation,  were  pre-eminent. 


Under  their  directing  counsels, 
and  aided  by  the  policy  of  the  ge- 
neral government,  they  have  out- 
stripped all  the  other  tribes  in  the 
march  of  improvement. 

Advantageously  situated  in  the 
northwest  of  Georgia,  and  extend- 
ing themselves  into  Alabama  and 
Tennessee,  they  occupy  a  well  wa- 
tered and  healthy  country,  conve- 
niently divided  into  hill  and  dale. 
The  northern  part  is  even  moun- 
tainous ;  but  the  southern  and  wes- 
tern parts  are  composed  of  exten- 
sive   and   fertile    plains,   covered 
with  the  finest  timber,  and  furnish- 
ing   excellent    pasturage.        :"\e 
winters  are  mild,  and  the  climate 
healthy.     Large   herds   of   cattle 
and  horses  are  owned  by  the  na- 
tives, and  they  are  used  for  cultiva- 
ting the  earth.     Numerous  flocks 
of  goats,  sheep,  and  swine,  cover 
the  hills.     The  valleys  and  plains 
furnish  the  best  soil,  and  produce 
Indian  corn,  cotton,  tobacco,  wheat, 
oats,  and  potatoes.     The  natives 
carry  on  considerable  trade  with 
the  adjoining  states,  and  some  of 
them  carry  their  cotton  down  the 
Tennessee,  and    even    down   the 
Mississippi,  to  New-Orleans.     Ap- 
ple and  peach  orchards  are  very 
common,   and   much   attention   is 
paid  to    gardens    in    the    nation. 
There  are  many  public  roads  in 
the   nation,  and  houses  of  enter- 
tainment kept  by  the  natives. 

Numerous   and  flourishing   vil- 
lages are  to  be  seen  in  every  sec- 


78 


ANNUAL  REGISTER,  1827-8-9. 


tion  of  the  country.  Cotton  and 
woollen  cloths,  and  blankets,  are 
manufactured  here.  Almost  every 
family  raises  cotton  for  its  own  con- 
sumption.  Industry  and  commer- 
cial enterprise  are  extending  them- 
selves through  the  nation.  Diffe- 
rent mechanical  trades  are  pur- 
sued. 

The  most  important  facts  are, 
that  the  population  is  rapidly  in- 
creasing,  and  that  the  female  cha- 
racter is  much  respected. 

In  1819,  the  Cherokees  on  this 
side  of  the  Mississippi  were  esti- 
mated at  10,000.  In  1825  they 
amounted  to  13,563,  besides  220 
whites,  and  1277  slaves. 

The  religion  of  the  nation  is 
Christian — that  religion  which, 
wherever  it  reigns,  whether  in  Eu- 
rope, Asia,  Africa,  or  America, 
elevates  its  professors  above  those 
of  other  religions. 

Another  proof  is  given  by  this 
people  of  their  capacity  of  self 
improvement,  in  the  alphabet  in- 
vented by  one  of  their  native  chief- 
tains, called  Guess.  Like  Cad- 
mus, he  has  given  to  his  people 
the  alphabet  of  their  language.  It 
is  composed  of  eighty-six  charac- 
ters, so  well  adapted  to  the  pecu- 
liar sounds  of  the  Indian  tongue, 

O          ' 

that  Cherokees,  who  had  despaired 
of  acquiring  the  requisite  know- 
ledge by  means  of  the  schools,  are 
soon  enabled  to  read,  and  corres- 
pond with  each  other.  This  inven- 
tion is  one  of  the  great  triumphs 


of  the  aboriginal  intellect.     Like 
the  Greeks  and  the  Latins,  the  In- 
dians  have  now  found  a  means  of 
perpetuating    the    productions    of 
mind.     They  have  erected  a  bar- 
rier against  the  inroads  of  oblivion. 
Henceforth  their  peculiar  forms  of 
expression,  their   combinations   of 
thought,  and  the    suggestions    of 
their    imaginations,   will  be    pre- 
served.    An  empire  of  intellect  is 
founded   on  a  stable   foundation  : 
and  when  did  such  an  empire  expe- 
rience a  decline,  till  it  had  first  at- 
tained the  climax  of  human  gran- 
deur ?  A  printing  press  established 
in  the  nation  issues  a  newspaper, 
periodically  imparting  information, 
both  of  domestic  and  foreign  ori- 
gin, throughout  the  tribe. 

Their  political   constitution  af- 
fords, another  proof  of  their  capa- 
city 0f  self  government.     Repub- 
lican in  its  character,  its  provisions 
are  better  calculated,  as  expressed 
in  the  preamble,  "  to  establish  jus- 
tice,  insure   tranquillity,   promote 
the  common  welfare,  and   secure 
to  ourselves  and  posterity  the  bless- 
ings of  liberty,"  than  many  of  the 
more    elaborate    contrivances    of 
their   European    brethren.      The 
government  is  representative  in  its 
form,  and  is  divided  into  executive, 
legislative,    and    judicial    depart, 
ments.     The  trial  by  jury  is  esta- 
blished ;  and  the  particular  provi- 
sions of  the  constitution,  while  they 
are    calculated    to    accustom  the 
Cherokees  to  the  principles  of  our 


INDIAN  AFFAIRS. 


system  of  jurisprudence,  are  pecu- 
liarly well  adapted  to  the  anoma- 
lous  condition,  in  which  the  nation 
is  placed.  The  whole  is  well  suit- 
ed, to  secure  to  the  tribe  the  im- 
provements already  made,  and  to 
stimulate  them  to  further  advances 
in  civilization. 

The  neighbouring  tribes  of  the 
Creeks,  Chickasaws,  and  Choc- 
taws,  have  also  improved  in  their 
condition,  though  not  in  an  equal 
degree  to  the  Cherokees. 

The  Chickasaws  are  increas- 
ing, having  increased  about  four 
hundred  within  the  last  five  years. 
Their  whole  number  is  about  4000. 
There  are  10  mills  and  50  work- 
shops in  that  tribe.  The  orchards 
are  few  and  small.  Their  fences 
cost  about  $50,000,  and  their  stock 
of  domestic  cattle  and  poultry  is 
worth  $85,000. 

The  Choctaws,  in  number  about 
21,000,  hold  a  middle  rank  in  point 
of  improvement  between  the  Che- 
rokees and  the  Chickasaws. 

The  Creeks,  whose  number  is 
near  20,000,  are  probably  in  the 
worst  condition,  of  any  of  the  four 
southern  tribes. 

This  inferiority,  however,  is,  in 
a  great  measure,  to  be  attributed 
to  the  breaking  up  of  their  set- 
tlements  under  the  late  treaty, 
and  to  the  distribution  of  money 
among  them  as  a  consideration  for 
their  land,  instead  of  domestic  cat- 
tle, farming  utensils,  and  other  ne- 
cessary implements. 

Having   the  means,  they  have 


too  freely  indulged  in  their  darling 
vices,  and,  consequently,  have, 
since  then,  receded,  while  the 
other  tribes  have  actually  advanced, 
in  civilization. 

The  northrwestern  tribes  were 
in  a  still  worse  condition. 

They  were  rapidly  wasting  away 
under  the  unchecked  influence  of 
the  causes  which,  in  peace,  have 
produced  such  fearful  havoc  in  the 
ranks  of  the  red  men.     Intempe- 
rance, want,  cold,  and  starvation, 
all  combined  to  diminish  the  num. 
bers,  and  to  debase  the  character 
of  these   unfortunate   tribes,   still 
lingering     in    the     north-western 
states    and    territories.     Notwith- 
standing the  efforts  of  missionaries, 
and  benevolent  men,  the  expendi- 
ture  of  the   government,  and  the 
care  of  the  agents,  their  condition 
has  daily  grown  worse.    The  rapid 
settlement  of  that  region  of  coun- 
try has  brought  the  savage   into 
contact    with   the  frontier  settler, 
before  he  has  acquired  habits  of 
self-control,  or  become  sufficiently 
advanced  in  civilization  to  protect 
himself  from   the  debasing   influ- 
ence, and  demoralizing  example  of 
that  class,  which  generally  forms 
the  outskirt  of  society. 

His  frequent  removals  from  place 
to  place,  as  a  rapidly  increasing 
population  has  narrowed  his  limits-; 
destroyed  his  game,  and  prevented 
him  from  acquiring  settled  habits, 
and  improving  his  reservations, 
like  the  stationary  tribes  of  the 
south.  The  influence  of  those 


80 


ANNUAL  REGISTER,  1827-8-9. 


combined  causes  has  reduced  the 
north-western  tribes  to  a  state  of 
complete  dependence,  misery,  and 
want;  and  rendered  them  objects 
of  commiseration  and  compas- 
sion, to  all  who  had  an  opportu- 
nity of  contemplating  their  condi- 
tion. If  nothing  could  be  inter- 
posed to  check  their  operation, 
their  fate  might  be  easily  predicted. 
Their  situation  was  made  known 
to  the  general  government,  and  a 
plan  was  proposed  for  their  remo- 
val to  a  territory  assigned  to  them 
beyond  the  Mississippi,  with  the 
view  of  placing  them  beyond  the 
reach  of  those  causes,  which  be- 
fore prevented  their  advance  in 
civilization.  With  them,  the  plan 
of  civilizing  them  whilst  in  their 
present  situation,  had  totally  failed. 
It  only  remained  to  modify  it,  so  as 
to  afford  it  another  chance  of  suc- 
cess ;  or,  at  least,  to  secure  the 
comfort  of  the  Indians  in  a  better 
situation. 

The  plan  proposed  by  the  secre- 
tary of1  war,  (Mr.  Barbour,)  in  his 
report,  February  3d,  1826,  was  to 
assign  to  the  Indians,  a  territory  be- 
yond the  Mississippi,  and  so  much 
on  the  east  of  that  river,  as  lies  west 
of  Huron  and  Michigan,  in  which  a 
territorial  government  was  to  be 
maintained  by  the  United  States. 
According  to  this  plan,  the  Indians 
were  to  emigrate  as  individuals,  and 
not  as  tribes  ;  and  they  were  to  be 
amalgamated  as  one  community  ; 
and  the  property  was  to  be  divided 
among  them  as  individuals.  All 


this,  however,  was  to  be  effected 
by  the  consent  of  the  Indians ; 
and  upon  more  deliberate  exami- 
nation, it  was  found  to  be  imprac- 
ticable. 

Another  plan  was  then  proposed, 
by  which  distinct  reservations  were 
to  be  assigned  to  the  different  tribes, 
extending  from  the  western  bounda- 
ries of  the  Missouri  and  Arkansas, 
to  the  Rocky  mountains,  forming  a 
territory  600  miles  long,  from  north 
to  south,  and  about  200  miles  of  ha- 
bitable country,  in  width. 

An  Indian  superintendency  was 
to  be  established  over  the  tribes,  to 
preserve  them  in  a  state  of  peace, 
and  to  give  them  an  idea  of  civil 
government. 

This  subject  came  up  incidental- 
ly, in  a  discussion  on  the  Indian  ap- 
propriation bill,  during  the  first  ses- 
sion of  the  twentieth  congress,  and 
produced  a  long  debate.  It  did  not 
appear,  however,  that  any  definite 
plan  was  devised,  which  met  with 
the  approbation  of  that  body. 

A  proposal  made,  to  dispose  of  a 
part  of  an  appropriation  to  extin- 
guish the  Cherokee  title  in  Geor- 
gia, with  the  view  of  aiding  the  re- 
moval of  the  Indians,  was  not  de- 
cided; and  a  proposition  to  preserve 
the  distinction  between  the  Indians 
living  north  of  86°  30',  and  those 
living  south  of  that  line,  was  nega- 
tived in  the  house,  37  ayes,  77  nays. 

Congress,  at  this  time,  apppear- 
ed  to  be  unwilling,  to  depart  from 
the  policy  hitherto  pursued  towards 
the  aboriginals. 


LNDIAN  AFFAIRS. 


31 


The  number  of  the  Indians  in  the 
states  east  of  the  Mississippi,  was, 
according  to  the  report  of  the  secre- 


companied  by  interpreters,  and 
United  States  agents,  were  sent,  at 
the  expense  of  the  general  govern- 


tary  of  Avar,  at  the  last  session  of    raent,  from  the  Ottawas,  and  the 


congress,  as  follows  ;  viz.     In  the 
New-England  states,  2,526 

New-York,  4,820 

Pennsylvania,  300 

Tennessee,  1,000 

Virginia,  47 

North-Carolina,  3,100 

South-Carolina,  300 

Georgia,  5,000 

Ohio,  1,877 

Mississippi.  23,400 

Indiana,  4,050 

Michigan,  29,450 

Alabama,  19,200 

Florida,  4,000 

Illinois,  5,900 

Between  the  Mississippi, 
and  the  Rocky  Mountains,  108,070 

Within  the  ranges  of  the 
Rocky  Mountains,  20,000 

West  of  the  Rocky  Moun- 
tains, 80,000 
The  removal  of  aportion  of  these, 
was  not  required,  either  by  the 
whites,  or  the  Indians  themselves. 
But  in  some  parts  of  the  country, 
(he  urgency  of  the  inhabitants  was 
so  great,  for  their  removal,  and  their 
own  condition  so  imperiously  re- 
quired it,  that  government  seriously 
commenced  the  task  of  preparing  a 
territory  for  their  reception.  The 
title  of  those  tribes,  beyond  the 
Mississippi,  that  claimed  the  land, 
being  extinguished,  exploring  par- 
ties, composed  of  several  chiefs,  ac- 
VOL.  HI.  II 


Pattawatimas,  and  also  from  the 
Creeks,  the  Choctaws,  and  the 
Chickasaws.  After  surveying  the 
territory,  the  Creeks,  and  the  north- 
western Indians  returned,  satisfied 
with  their  new  country,  and  willing 
to  remove  ;  but  the  Choctaws,  and 
Chickasaws,  were  not  so  well  satis- 
fied. These  latter,  did  not,  how- 
ever, give  a  definite  answer  to  the 
proposition  of  the  government;  and 
in  the  mean  time,  the  impatience  of 
the  state  governments,  within  whose 
limits  the  south-western  tribes  re. 
sided,  and  their  rapid  advances  in 
civilization,  together  with  the  deci- 
sive step  taken  by  the  Cherokees, 
(who  refused  all  proposition  to  cede 
any  portion  of  their  lands,)  in  adopt- 
ing a  written  constitution,  produced 
a  state  of  things,  which  forcibly  at- 
tracted the  public  attention  to  our 
Indian  affairs.  The  general  go- 
vernment  found  itself  unexpectedly 
involved  in  two  conflicting  courses 
of  policy. 

The  plan  now  adopted,  of  colo- 
nizing the  Indians  beyond  the  Mis- 
sissippi,  was  inconsistent  with  that 
hitherto  pursued,  of  civilizing  them, 
and  rendering  them  a  stationary 
people,  dependent  upon  agriculture : 
and  if  carried  into  effect,  would  al- 
most render  nugatory  the  efforts 
and  expenditures  devoted  to  these 
ends. 


82 


ANNUAL  REGISTER,  1 0^-3- 


A  much  more  serious  difficulty 
arose,  from  the  conflicting  preten- 
sions of  the  Indian  tribes,  and  the 
governments  of  the  states  where 
they  resided,  urged  on  the  part  of 
the  latter,  in  the  most  unaccommo- 
dating spirit.  Whilst  these  tribes, 
relying  on  the  guaranty  of  the  ge- 
neral government  to  their  lands,  and 
on  their  entire  freedom  from  all 
control,  in  the  regulation  of  their 
domestic  concerns,  were  advancing 
in  civilization,  and  developing  their 
capacity  for  self-government ;  the 
surrounding  state  governments 
were  preparing  to  extend  their  ju- 
risdiction over  them,  against  the 
will  of  the  federal  government ;  and 
threatened  to  throw  them  back  into 
a  worse  and  more  hopeless  state 
than  that  of  primitive  barbarism. 

The  adoption  of  a  written  con- 
stitution  by  the  Cherokees,  with 
provisions,  assimilating  their  local 
customs  and  laws,  to  the  system  of 
American  jurisprudence ;  and  esta- 
blishing a  government  in  which  the 
executive,  judicial,  and  legislative 
departments  were  kept  distinct, 
without  in  any  manner  recognising 
the  state  authorities,  or  any  rela- 
tions with  the  general  government, 
except  through  public  Cherokee 
agents,  appointed  by  the  legislature, 
was  a  large  stride  towards  becoming 
a  distinct  civilized  community.  It 
was,  in  fact,  preparing  the  way  to 
erect  an  imperium  in  imperio  ;  and 
was  calculated  to  bring  on  collision, 
with  such  state  governments  as 


were  not  disposed  to  act  with  deli- 
cacy and  caution,  in  the  adjust- 
ment of  these  claims.  Until  that 
period,  the  relations  had  been  suit- 
able to  the  relative  condition  of  the 
several  parlies,  and  had  conduced 
to  the  preservation  of  quiet.  In 
establishing  them,  however,  the  fe- 
deral government  had  not  sufficient- 
ly considered  the  changes,  which 
time  would  probably  produce  in  their 
relative  situation  ;  and  in  making 
treaties  with  them,  it  had,  in  reality, 
contracted  between  the  government 
and  the  tribes,  many  of  the  com- 
plicated relations  belonging  to  the 
municipal  state,  without  having  de- 
termined the  boundaries  of  the  au- 
thority by  which  those  relations 
were  to  be  controlled. 

It  was  obvious,  so  far  as  some  of 
the  civilized  tribes  were  concerned, 
that  the  time  was  fast  approaching, 
when  it  would  be,  not  only  the  right, 
but  the  duty  of  the  government,  to 
extend  its  jurisdiction  over  them  : 
and,  exercising  over  their  persons 
and  property,  the  salutary  control 
of  guardianship,  to  prepare  them 
for  admission  to  all  the  rights  of 
American  citizens.  In  changing, 
so  completely,  the  existing  rela- 
tions, great  caution  and  delicacy 
were  requisite.  To  the  preserva- 
tion of  the  property  of  the  Indians 
in  their  lands,  the  national  faith 
was  pledged.  No  construction  of 
state  rights  could  affect  this  guaran- 
ty. The  treaty  was  the  supreme 
law  of  the  land  :  and  anv  violation 


INDIAN   AFFAIRS. 


of  us  stipulations,  more  especially 
towards  Indian  tribes,  depending 
solely  on  its  sense  of  justice,  and 
the  obligation  of  good  faith,  would 
justly  expose  the  government  to  the 
indignation  of  the  world.  Equal, 
and  even  greater  care  wa,s  neces- 
sary, in  determining  upon  their  ci- 
vil rights.  The  character  of  the 
nation  was  pledged  to  the  world, 
that  the  aboriginal  tribes  within  its 
limits,  should  be  treated  with  deli- 
cacy, kindness,  and  humanity.  It 
had  taken  upon  itself  the  character 
of  their  guardian,  and  it  could  not 
escape  from  this  high  responsibility. 

In  yielding  to  the  claims  of  the 
state  governments,  to  extend  their 
jurisdiction  over  all  persons  within 
their  limits,  the  federal  govern- 
ment was  bound  to  see  that  the 
civil  rights  of  the  Indians  were  pre- 
served ;  that  their  condition  was  not 
rendered  worse,  by  the  change.  If 
that  duty  was  performed,  the  nation- 
al obligations  were  substantially 
fulfilled,  and  its  integrity  main- 
tained. 

The  whole  question  depended 
upon  the  character  of  the  state  le- 
gislation respecting  the  Indians ; 
and  when  a  state  attempted  to  ex- 
tend its  jurisdiction  over  any  tribes 
connected  with  the  United  States, 
by  the  ordinary  Indian  relations, 
the  general  government  became 
directly  interested  in  its  legislation 
over  them,  and  entitled  to  be  con- 
sulted in  establishing  its  principles ; 
until  the  Indians  were  amalgramn. 


ted  with  the  rest  of  the  communi- 
ty. Any  disregard  of  the  princi- 
ples of  justice,  in  extending  state 
sovereignty  over  them — any  ap- 
propriation of  their  lands  without 
their  consent — any  diminution  of 
their  social  comforts,  or  civil  rights, 
by  state  legislation,  would  be  a  di- 
rect violation  of  treaties,  and  of 
the  faith  of  the  American  people. 
No  distinctions,  drawn  from  the 
apportionment  of  the  sovereign 
powers,  could  avert  this  conclusion. 
The  national  faith  was  pledged  by 
the  constitutional  authorities,  and 
the  treaty  stipulations  must  be  sub- 
stantially complied  with. 

Entertaining  these  views  of  the 
nature  of  the  obligations  of  the  ge- 
neral government,  and  yet  ear- 
nestly desirous  of  relieving  the 
states  from  their  Indian  population, 
the  Secretary  of  War,  (Peter  B. 
Porter,)  recommended,  in  his  an- 
nual report  to  the  2d  session  of 
the  20th  Congress,  a  plan,  of 
which  the  following  extract  con- 
tains  the  principal  features  : 

"  If  the  project  of  colonization 
be  a  wise  one,  and  of  this,  I  be- 
lieve, no  one  entertains  a  doubt, 
let  us  shape  all  our  laws  and 
treaties  to  the  attainment  of  that 
object,  and  impart  to  them  an  effi- 
ciency that  will  be  sure  to  effect  it. 
Let  such  of  the  emigrating  In- 
dians, as  choose  it,  continue,  as 
heretofore,  to'  devote  themselves 
to  the  chase,  in  a  country  where 
their  toils  will  be  amply  rewarded. 


84 


REGISTER. 


Let  those  who  are  willing  to  culti- 
vate the  arts  of  civilization,  be 
formed  into  a  colony,  consisting  of 
distinct  tribes  or  communities,  but 
placed  contiguous  to  each  other, 
and  connected  by  general  laws, 
which  shall  reach  the  whole.  Let 
vhe  lands  be  apportioned  among 
families  and  individuals  in  seve- 
rally, to  be  held  by  the  same  te- 
nures by  which  we  hold  ours,  with 
some  temporary  and  wholesome 
restraints  on  the  power  of  aliena- 
tion. Assist  them  in  forming  and 
administering  a  code  of  laws 
adapted  to  a  state  of  civilization. 
Let  the  $10,000  appropriation  be 
applied,  within  the  new  colony,  ex- 
clusively to  the  same  objects  for 
which  it  is  now  expended  ;*  and 
add  to  it,  from  time  to  time,  so 
much  of  our  other  annual  contri- 
butions, as  can  be  thus  applied 
without  a  violation  of  public  faith. 
In  regard  to  such  Indians  as 
shall  still  remain  within  the  states, 
and  refuse  to  emigrate,  let  an  ar- 
rangement be  made  with  the  proper 
authorities  of  the  respective  states 
in  which  they  are  situated,  for  par- 
titioning out  to  them,  in  severally, 
as  much  of  their  respective  reser- 
vations as  shall  be  amply  sufficient 
for  agricultural  purposes.  Set 
apart  a  tract,  proportioned  in  size 
fo  the  number  of  Indians,  to  re- 
main in  common,  as  a  refuge  and 
provision  for  such  as  may,  by  im- 
providence, waste  their  private 


property  ;  and  subject  them  to  all 
the  municipal  laws  of  the  state  in 
which  they  reside.  Let  the  re- 
mainder of  the  reservation  be  paid 
for  by  those  who  hold  the  para- 
mount right,  at  such  prices  as  shall 
be  deemed,  in  reference  to  the 
uses  which  Indians  are  accustomed 
to  make  of  lands,  reasonable ;  and 
the  proceeds  to  be  applied  for  the 
benefit  of  those  of  the  tribe  who 
emigrate,  after  their  establishment 
in  the  colony  ;  or  to  be  divided  be- 
tween  those  who  emigrate  and 
those  who  remain,  as  justice  may 
require." 

The  committee  on  Indian  affairs 
coincided  in  the  view  taken  by  the 
Secretary  of  War,  except  as  to 
the  appropriation  of  $10,000  for 
education,  which,  in  the  opinion  of 
the  committee,  was  judiciously  em- 
ployed at  present. 

Upwards  of  1,300  children  were 
enjoying  the  benefits  of  the  appro- 
priation, and  the  distribution  of  the 
whole  sum  seemed  to  be  judiciously 
made,  and  to  have  essentially  con- 
tributed to  the  improvement  of  the 
Indian  character.  They  therefore 
were  opposed  to  the  repeal  of  that 
law.  They,  however,  recommend- 
ed an  additional  appropriation  of 
$50,000,  towards  carrying  the  pro- 
posed plan  into  effect.  The  bill 
they  brought  in  for  that  purpose 
was  not  acted  on,  and  the  whole 
subject  was  referred  to  the  wisdom 
of  the  succeeding  administration. 


: :  T-J  the  education  of  Indian  children,  and  teaching  them  the  mechanic  arts. 


CHAPTER  IV. 


Opening  of  the  tuxntieth  Congress. — Message  of  President — Business  of 
Congress — Duties  on  wines — On  salt — Process  in  United  States  Courts 
— Proceedings  in  Senate — In  House — Powers  of  Vice  President — Ad- 
journment. 


THE  first  session  of  the  20th 
Congress  commenced  on  the  4th  of 
December,  1827.  In  the  senate, 
all  the  members  were  present  at 
the  commencement  of  the  session, 
except  two. 

In  the  House  of  Representa- 
tives 207  members  answered  to 
their  names,  and  proceeded  to  or- 
ganize  the  house.  Upon  balloting 
for  speaker,  Andrew  Stevenson,  of 
Virginia,  had  104  ;  John  W.  Tay- 
lor, of  New- York,  had  94,  and  7 
scattering. 

The  opposition  speaker  having 
been  elected,  the  house  adjourned 
to  the  next  day,  when  the  annual 
message  of  the  President  of  the 
United  States  was  transmitted  to 
congress.  This  message  will  be 
found  among  the  public  documents, 
in  the  second  part  of  the  present 
volume.  It  gave  a  clear  and  suc- 
cinct account  of  the  state  of  our 
foreign  relations. 

After  stating  that  the  first  arti- 
cle of  the  treaty  of  Ghent  had  at 
last  been  carried  into  effect,  and 
•1, 204,960  received  from  the  Bri- 


tish government,  as  full  indemnity 
to  the  claimants ;  it  proceeded  to 
state  the  nature  of  the  existing 
conventions  with  Great  Britain,  re- 
specting commerce,  and  the  boun- 
daries between  the  territories  of 
the  parties  beyond  the  Rocky 
mountains  ;  and  that  it  had  been 
thought  expedient  to  extend  their 
duration  for  an  indefinite  period, 
with  liberty  to  either  party  to  ter- 
minate them  after  twelve  months' 
notice.  Congress  was  also  in- 
formed, that  the  questions  with 
that  government,  concerning  the 
northern  and  north-western  boun- 
daries of  the  United  States,  had 
been  satisfactorily  settled,  and  a 
convention  concluded,  referring 
the  dispute  respecting  the  north- 
eastern boundary  to  the  decision 
of  a  common  umpire.  The  result 
of  the  controversy  about  the  trade 
to  the  British  West  Indies,  of  which 
a  full  account  was  given  in  the 
third  chapter  of  the  last  volume, 
was  communicated  to  congress ; 
and  the  peaceful  relations  of  the 
United  States  with  the  rest  of  En- 


\.NiM  AL  REGISTER, 


rope  were  mentioned,  as  a  subject 
of  just  congratulation. 

The  state  of  the  public  finances 
was  fully  detailed.  The  receipts, 
during  the  year  1827,  presented 
an  aggregate  of  $21,400,000;— 
the  expenditures  amounted  to 
$22,300,000.  The  revenue  of 
the  ensuing  year  was  estimated  at 
a  sum  about  equal  to  the  expendi- 
tures of  the  present ;  but  the  ne- 
cessity of  extinguishing  the  public 
debt,  induced  the  president  to  re- 
commend to  congress  the  strictest 
economy  in  its  appropriations. — 
The  receipts  from  the  Post-Office 
exceeded  its  expenditure  $100,000. 

Some  disturbances  had  occur- 
red on  the  north-western  frontier, 
among  the  Indians  ;  but  the  prompt 
movements  on  the  part  of  the  go- 
vernors of  Illinois  and  Michigan, 
aided  by  the  presence  of  the  Uni- 
ted States  troops,  had  restored 
tranquillity.  The  perpetrators  of 
the  murders  were  surrendered  to 
the  authority  of  the  laws  of  the 
United  States,  and  the  hostile  pur- 
poses of  the  Indians  overawed. 
An  augmentation  of  the  engineer 
corps  was  recommended ;  and  the 
reports  of  surveys,  which  had  been 
made  since  the  adjournment,  were 
submitted  to  congress. 

These  consisted  of  surveys  of 
the  peninsula  of  Florida,  to  ascer- 
tain the  practicability  of  a  canal 
to  connect  the  waters  of  the  Atlan- 
tic with  the  gulf  of  Mexico,  across 
that  peninsula:  and  also,  of  the 


country  between  the  bays  of  Mo- 
bile and  of  Pensacola,  with  the 
view  of  connecting  them  together 
by  a  canal ; 

Of  surveys  of  a  route  for  a  ca- 
nal to  connect  the  waters  of  James 
and  Great  Kenhawa  rivers ; 

Of  the  survey  of  the  Swash,  in 
Pamlico  sound,  and  that  of  cape 
Fear,  below  the  town  of  Wilming- 
ton, in  North  Carolina ; 

Of  the  survey  of  the  Muscle 
shoals,  in  the  Tennessee  river, 
and  for  a  route  for  a  contemplated 
communication  between  the  Hiwas- 
see  and  Coosa  rivers,  in  the  state 
of  Alabama. 

Other  reports  of  surveys,  upon 
objects  pointed  out  by  acts  of  con- 
gress, were  stated  to  be  in  a  course 
of  pieparation.  The  propriety  of 
progressing  in  the  systems  of  in- 
ternal improvement,  and  of  forti- 
fying the  sea  coast,  was  again  en- 
forced  upon  the  wisdom  of  con- 
gress. The  increase  of  the  navy, 
and  the  improvement  of  its  charac- 
ter, by  means  of  a  naval  school, 
were  also  recommended.  The 
situation  of  the  public  lands  was 
alluded  to  ;  and  the  propriety  of  ex- 
tending the  credit  to  the  pur- 
chasers, and  remitting  the  interest, 
was  suggested,  as  due  to  the  neces- 
sities of  a  portion  of  those  who 
were  indebted  tp  the  government 
on  that  account. 

The  business  which  annually 
comes  before  congress,  may  be 


DbTlES  ON  WINES. 


> la&seti  under  three  heads:  first, 
the  maintaining  the  established 
policy  of  the  country,  and  provi- 
ding for  the  necessities  of  the  go- 
vernment. All  measures  of  this 
sort  are  carried  into  execution  by 
means  of  appropriations  ;  and  the 
discussions  concerning  their  expe- 
diency, generally  arise  upon  the 
annual  appropriation  bills. 

The  second  comprehends  all 
measures  changing  or  modifying 
the  national  policy ;  and  all  new 
propositions  generally  fall  under 
this  head. 

The  third  consists  of  claims,  re. 
solutions  for  inquiry,  and  miscel- 
laneous matters. 

The  chief  measure  of  general  in- 
t  crest  of  the  second  description, 
which  was  acted  upon  at  this  ses- 
sion, was  the  tariff;  and  the  history 
of  all  the  proceedings  relating 
thereto,  will  be  found  in  that  se- 
cond. Other  propositions,  relative 
to  the  existing  rate  of  duties  on 
other  articles,  were  brought  for- 
ward, chiefly  with  the  view  of  af- 
fording  some  relief  to  the  navigat- 
ing interest.  A  bill  reducing  the 
duties  on  wines  passed  into  a  law, 
after  a  close  division  in  the  house. 

Under  the  existing  rate  of  du- 
ties,  the  consumption  of  wines, 
and,  consequently,  the  commerce 
with  the  wine-growing  islands,  had 
been  constantly  diminishing  ;  and 
to  such  an  extent  had  this  taken 
place,  that  the  amount  of  revenue 
from  the  duties  on  wines  was  ac- 


tually less,  under  the  present  rate 
of  duties,  than  it  would  be  under 
the  reduced  rate,  should  the  con- 
sumption of  wine  advance  to  its 
former  standard.  The  duty  on 
non-enumerated  wines  was  some- 
what advanced,  and  their  con- 
sumption would  probably  be  dimi- 
nished ;  but,  on  the  whole,  it  was 
believed,  that  the  consumption  of 
wines  would  be  increased  by  the 
proposed  modification  of  duties, 
and  that  the  total  amount  of  reve- 
nue from  that  source  would  be 
augmented.  By  this  bill,  the  duty 
on  the  red  wines  of  France  and 
Spain,  when  imported  in  casks, 
was  reduced  to  10  cents  per  gal- 
lon ;  on  all  other  French  and  Spa- 
nish wines,  and  on  those  of  Ger- 
many, and  the  Mediterranean,  im- 
ported in  casks,  15  cents  per  gal- 
lon. On  sherry  and  Madeira  wines, 
50  cents  per  gallon ;  and  when  im- 
ported in  bottles,  the  duty  on  the 
bottles  to  be  added. 

On  all  other  wines,  30  cents  per 
gallon  ;  and  when  imported  in  bot- 
tles, the  duty  on  the  bottles  in  addi- 
tion. 

A  drawback  to  be  allowed  on 
exportation,  according  to  the  exist- 
ing regulations  concerning  draw- 
backs. 

In  the  house,  May  21st,  this  bill 
was  at  first  rejected  by  a  vote  of 
87  ayes,  88  nays;  but,  a  reconside- 
ration being  moved,  the  previous 
question  was  called  for,  and  the 
bill  passed — 91  ayes,  83  nays. 


ANNUAL  REGISTER,  18*7-8-9. 


In  the  senate  Mr.  Chandler  op- 
posed the  reduction  of  duty,  on  the 
ground  that  it  was  levied  on  what 
he  deemed  an  article  of  luxury, 
chiefly  used  by  the  rich ;  and  called 
for  the  yeas  and  nays  on  the  bill. 

It  was  then  passed — ayes  25, 
nays  10. 

A  bill  introduced  in  the  senate 
with  the  view  of  reducing  the  duty 
on  salt,  was  less  fortunate.  This 
subject  had  been  brought  before 
to  the  consideration  of  congress  ; 
and  the  attempt  to  reduce  the  duty 
had  been  resisted,  because  it  was 
asserted  that  the  revenue  derived 
from  the  duty  could  not  be  spared  ; 
and,  secondly,  because  the  duty 
was  required  for  the  protection  of 
the  domestic  manufacture  of  the 
same  article. 

It  was  contended  by  the  advo- 
cates of  the  reduced  duty,  that  both 
these  effects  could  not  follow.  If 
the  increased  quantity  of  imported 
salt  injured  the  domestic  manufac- 
turers, the  diminution  in  the  rate 
of  duty  would  be  compensated  by 
the  duty  being  levied  on  a  greater 
amount  of  salt  imported.  A  long 
discussion  ensued,  on  the  propriety 
of  reducing  the  duty  ;  but  the  bill 
was  finally  laid  on  the  table  ;  and 
the  senate,  by  a  vote  of  '25  to  21, 
refused  to  resume  the  considera- 
tion of  it. 

A  bill  was  also  introduced  in  the 
house,  extending  the  time  within 
which  merchandise  may  be  ex- 


ported with  the  benefit  of  drau  - 
back  ;  but  the  pressure  of  other 
business  prevented  its  considera- 
tion until  the  second  session. 

In  the  senate,  at  an  early  part  of 
the  session,  a  very  important  ques- 
tion arose,  when  the  bill  regulating 
the  process  in  the  federal  courts 
came  under  consideration,  which 
induces  us  to  give  a  short  account 
of  the  establishment  of  the  judi- 
cial system  of  the  United  States. 

In  order  to  avoid  one  of  the  dif- 
ficulties which  existed  under  the 
old  confederation,  and  which,  in 
fact,  was  the  main  cause  of  its  in- 
efficiency, the  federal  constitution 
was  framed  so  as  to  make  it  ope- 
rate directly  upon  the  people,  in- 
stead of  being  carried  into  effect 
by  means  of  the  state  laws.  The 
federal  constitution,  and  the  laws 
made  in  conformity  to  it,  were  in- 
tended to  be  paramount  to  state 
legislation,  and  are  so  declared  to 
be  by  the  constitution  ;  and  inas- 
much as  it  was  foreseen,  that  these 
laws,  made  to  subserve  the  ge- 
neral interest,  must  occasionally 
clash  with  local  interests,  provision 
was  made  to  execute  them,  without 
the  aid  of  the  state  authorities, 
through  federal  tribunals.  In  car- 
rying into  effect  this  provision  of 
the  constitution,  congress  laboured 
under  peculiar  difficulties.  A  ju- 
dicial system  was  to  be  prepared 
for  a  people,  divided  into  distinct 
communities,  possessing  distinct 


PROCESS  IN  U.  S.  COURTS. 


judicial  systems,  and  accustomed 
to  laws,  which,  though  derived 
from  a  common  origin,  had  been 
variously  modified. 

The  perplexity,  arising  from  this 
state  of  things,  was  increased  by 
the  circumstance,  that  while,  in 
many  of  the  states,  a  temporary 
pressure  had  produced  deviations 
from  that  course  of  administering 
justice  between  debtor  and  credi- 
tor, which  was  in  conformity  with 
the  spirit  of  the  constitution,  and 
the  true  interests  of  the  states 
themselves;  the  federal  govern- 
ment was  bound  by  its  treaty  with 
Great  Britain,  to  see  that  no  lawful 
impediment  should  be  interposed, 
to  the  recovery  of  the  debts  owing 
by  American  citizens  to  British 
subjects.  It  found  itself,  therefore, 
acting  as  an  arbitrator  between 
conflicting  parties.  On  one  side, 
the  foreign  creditor,  backed  by  his 
government,  urged  the  payment  of 
his  demands.  On  the  other,  some 
of  the  state  governments  were  in- 
clined to  interpose  obstacles  to  the 
recovery  of  those  demands,  until 
the  country  recovered  from  the 
pressure  of  the  war ;  and  more  es- 
pecially, until  Great  Britain  exe- 
cuted the  stipulations  of  the  treaty 
on  her  part.  Many  of  the  state  laws 
regulating  the  execution  of  final 
process  on  judgments,  were  passed 
und«r  the  influence  of  this  feeling. 

The  federal  government,  then  a 
new^and  untried  experiment,  could 
not  rentirely  disregard  these  cir- 

VOL.  III.  1 


cumstances  ;  nor  could  it  consider 
them  as  permanent.  It,  therefore, 
created  federal  courts  ;  conferred 
on  them  the  ordinary  powers  of 
courts,  as  well  as  jurisdiction  over 
the  subjects  falling  within  their 
cognizance.  And,  in  the  act  pass- 
ed September  29th,  1789,  regula. 
ting  processes  in  the  courts  of  the 
United  States,  it  was  provided, 
"  that  until  farther  provision  shall 
be  made,  and  except  where,  by 
this,  and  other  statutes  of  the  Uni- 
ted States,  it  is  otherwise  provided, 
the  forms  of  writs  and  executions, 
except  their  style  and  modes  of 
process  in  the  circuit  and  district 
courts,  at  common  law,  shall  be 
the  same  in  each  state  respectively, 
as  are  now  used  in  the  supreme 
courts  of  the  same." 

These  writs,  however,  riot  ena- 
bling  the  federal  courts  to  carry 
into  entire  effect  thfe  provisions  of 
the  constitution,  an  act  of  congress: 
was  passed  May  8th,  1792,  autho- 
rizing them  to  make  "  such  alte- 
rations and  additions"  to  these 
writs,  executions,  and  processes, 
"  as  they  shall,  from  time  to  time, 
deem  expedient."  This  authority 
was  conferred  on  the  courts,  not 
only  to  enable  them,  to  supply  any 
deficiency  in  the  executions  then 
authorized  by  state  laws ;  but  to 
empower  them  to  modify  the  exe- 
cutions from  time  to  time,  so  as  to 
make  them  conform  to  the  altera- 
tions subsequently  made  by  state 
legislation,  in  case  the  judges) 


AiNNUAL  REGISTER, 


should  approve  of  those  alterations. 
Congress  also  intended,  to  bring 
back  the  course  of  justice  as  admi- 
nistered in  the  federal  courts,  to 
that  wise  and  ancient  usage,  from 
which  only  a  supposed  necessity 
had  induced  a  departure.  It  con- 
ceived, that  this  object  could  be 
best  attained  by  conferring  upon 
the  courts  of  the  union,  the  power 
of  altering  "  the  modes  of  pro- 
ceeding in  suits,"  and  the  form  and 
effect  of  executions. 

In  this  manner  the  system  went 
into  operation  ;  the  federal  courts 
Conforming  in  their  executions  and 
processes,  to  those  of  the  respec- 
tive states  in  which  they  were  esta- 
blished ;  and  modifying  them  only 
so  far  as  to  attain  the  objects,  for 
which  they  were  created.  The 
sound  state  of  feeling  which  pre- 
vailed throughout  the  union,  after 
the  country  had  recovered  from  the 
distress  caused  by  the  revolution- 
ary war,  had  prevented  any  colli- 
sion with  the  federal  judiciary, 
from  an  interference  on  the  part 
of  a  state  with  its  process.  The 
executions  of  the  federal  courts 
conformed  to  those,  generally  in 
use  in  the  state  courts  in  1789, 
with  some  modifications,  which 
fully  subserved  the  purposes  of 
justice. 

The  legal  expedients  devised  in 
Kentucky,  after  the  late  war,  to 
evade  the  payment  of  debts,  (of 
which  a  particular  account  will  be 
found  in  vol.  1.  page  351,)  gave 


rise  to  a  question,  as  to  the  power 
of  the  state  legislatures,  to  pas* 
laws  controlling  the  process  of  the 
federal  courts.  Among  the  pro- 
visions of  the  laws  of  that  state, 
was  one,  which  required  the  plain- 
tiff to  endorse  on  the  execution 
upon  his  judgment,  his  consent  to 
accept,  in  payment  of  the  same, 
the  notes  of  certain  state  banks; 
or,  in  default  of  his  doing  that, 
permitting  the  defendant  to  replevy 
the  debt  for  two  years.  Another 
provision  prohibited  the  sale  of 
lands,  without  the  consent  of  the 
owner,  unless' they  brought  withia 
three  fourths  of  their  appraised 
value,  The  marshal  having  made 
returns,  upon  executions  issuing 
out  of  the  federal  courts  in  confor- 
mity with  the  state  laws ;  the  ques- 
tions as  to  their  validity  and  bind- 
ing force  upon  the  federal  officers, 
were  certified,  upon  a  division  of 
the  judges  at  the  circuit,  to  the  Su- 
preme Court  of  the  United  States 
for  decision. 

This  tribunal  decided,  that  these 
laws  were  not  binding  upon  the 
United  States  courts,  whose  pro- 
cess, and  the  modes  of  executing 
the  same,  had  been  already  regu- 
lated by  the  acts  of  congress,  above- 
mentioned,  and  by  the  practice  of 
the  courts  established  in  conformi- 
ty thereto.  It  was  manifest,  that  a 
power  in  the  state  legislatures  to 
control  the  process  of  the  federal 
courts,  was  inconsistent  with  the 
advancement  of  justice,  and  might 


PROCESS  IX  U.  S.  COURTS. 


tielcat  the  very  end  of  their  estab- 
lishment. 

The  same  state  of  feeling  which 
had  caused  the  passage  of  these 
laws,  still  existing,  much  dissatisfac- 
tion was  produced,  by  the  decisions 
denying  their  binding  force  upon 
the  federal  courts.  Besides,  some 
of  the  western,  and  south-western 
states,  were  created  since  the  pas- 
sage of  the  acts  of  congress,  regu- 
lating executions.  The  federal 
courts,  of  course,  could  not  be  gui- 
ded by  the  direction  to  conform  in 
(heir  processes,  to  those  then  used 
in  the  state  courts,  as  those  state 
courts  were  not  then  in  existence  ; 
and  objections  were  made  to  the 
power  of  the  courts  to  institute  new 
writs.  It  was  said  to  be  an  exer- 
cise of  legislative  power. 

With  the  view  of  providing  a 
remedy,  a  bill  was  brought  in  the 
senate,  at  the  commencement  of  the 
20th  congress,  regulating  the  pro- 
cess of  federal  courts  in  those 
states  admitted  into  the  union  since 
the  year  1789.  This  bill  proposed 
to  establish  the  modes  of  proceed- 
ing, in  those  states,  at  common  law, 
the  same  as  in  the  supreme  courts 
of  the  same  state  ;  in  proceedings 
of  equity,  according  to  the  princi- 
ples, rules,  and  usages,  of  the 
courts  of  equity  of  the  said  states  ; 
and  in  those  of  admiralty  and  mari- 
time  jurisdiction,  according  to  the 
rules  and  usages  of  courts  of 
admiralty,  as  contra-distinguished 
from  courts  of  common  law,  ex- 


cept so  far  as  may  have  been 
otherwise  provided  for  by  acts  of 
congress,  and  subject  to  such  alte- 
rations and  additions,  as  the  courts 
of  the  United  States  may  think  ex- 
pedient, or  to  such  regulations  as 
the  supreme  court  of  the  United 
States  shall,  from  time  to  time,  pre- 
scribe. 

January  18th. — The  bill  was 
taken  up,  and  Mr.  White  offered 
an  amendment,  to  include,  also, 
states  that  may  be  hereafter  admit- 
ted  into  the  union. 

Mr.  White  spoke  at  some  length 
upon  this  bill,  and  advocated  its 
provisions,  as  best  able  to  establish 
satisfactory  rules  in  the  various 
states.  He  considered  that  an  uni. 
form  system  of  execution  laws  ought 
never  to  exist  in  the  different  states ; 
because  what  was  convenient  and 
expedient  in  one  state,  would  not 
be  so  in  another.  It  was  obliga- 
tory  upon  such  of  the  states,  to  se- 
lect such  rules  as  should  best  apply 
to  the  situation  and  interests  of  its 
citizens.  Therefore,  he  consider- 
ed that  the  best  plan  would  be,  to 
adopt  the  rules  of  the  several  states 
in  the  federal  courts  in  each,  in 
controversies  in  which  individuals 
of  different  states  were  concerned. 
Mr.  Van  Buren  said,  that  it  was 
proposed  by  this  bill,  to  place  the 
states,  admitted  into  the  union  since 
the  year  1789,  upon  a  better 
footing  than  the  others.  In  his 
opinion,  this  could  not  be  done  in 
justice.  It  was  impossible  to  give 


\.NSI    VI.   I  {KRISTER,  1827-S-9. 


up  all  the  power  of  the  federal 
courts,  without  involving  the  coun- 
try in  confusion.  That  power  ought 
to  be  limited  to  the  utmost ;  but  it 
ought  to  extst.  This  act,  if  passed, 
would  enjoin  upon  the  United  States 
to  conform  to  the  laws  of  the  states, 
not  only  as  they  were,  but  as  they 
might  prove  to  be.  The  object  of 
the  law  of  1789,  was  to  preserve 
the  rights  of  persons  coming  into 
court :  so  far  that  act  went.  But 
it  could  not  be  expedient  to  declare, 
that  the  laws  which  each  state  might 
pass  from  time  to  time,  should  go- 
vern  the  federal  courts.  If  con- 
gress gave  up  the  law  of  the  United 
States,  to  the  different  states,  they 
ought  to  know  what  system  they 
agree  to,  and  not,  by  doing  so,  sub- 
ject the  jurisprudence  of  the  coun- 
try to  everlasting  change  and  un- 
certainty. He  would  suppose  a 
case.  A  suit  might  be  pending  be. 
tween  an  individual  and  the  United 
States,  and,  during  the  pendency  of 
the  cause,  the  state  legislature 
might  pass  an  act,  interfering  with 
its  decision,  and  calculated  to  stop 
proceedings  until  the  next  session 
of  congress.  Such  interferences 
would  overturn  the  rights  of  the 
federal  courts.  He  was  the  last 
person  who  would  give  to  the  fede- 
ral judiciary,  rights  to  which  it  was 
not  entitled.  He  was,  on  the  con- 
trary, as  much  convinced  as  any 
man,  that  more  danger  to  the  pow- 
ers of  the  states,  had  been  exhibited 
in  the  "  signs  of  the  times,"  during 


the  last  six  years,  than  ever  before, 
But  he  would  sustain  nothing,  that 
would  go  to  overturn  the  legal  and 
legitimate  power  of  the  govern- 
ment, which  ought  to  be  guarded 
and  preserved, 

January  21. — Mr.  Van  Buren 
observed,  that  he  had  misunder- 
stood the  scope  of  the  amendment 
proposed,  and  learning  that  it  did 
not  contemplate  to  deprive  the  su- 
preme court  of  its  supervising  pow- 
er, he  should  not  oppose  the  amend- 
ment on  the  bill. 

Mr.  Berrien  said,  that  the  bill 
seemed  to  draw  a  broad  line  of  dis- 
tinction between  the  old  states,  and 
those  admitted  into  the  union  since 
1789.  The  result  would  be,  that 
the  new  states  would  have  the  pow- 
er to  regulate  process  by  legisla- 
tion,  from  time  to  time,  subject  to 
the  supervision  of  the  supreme 
court  of  the  United  States,  while 
the  old  states  would  enjoy  no  such 
privilege.  Why  not,  if  this  is  a 
salutary  provision,  equalize  in  this 
respect,  the  condition  of  the  differ- 
ent portions  of  the  country  ?  He 
wished  an  opportunity  might  be  gi- 
ven to  examine  the  subject.  And  to 
this  end,  he  would  move  to  post- 
pone it  to  some  certain  day,  pr,  to 
lay  it  on  the  table. 

Mr.  Johnson,  of  Kentucky,  said, 
that  he  would  vote  for  the  bill,  if  it 
provided  a  remedy  for  the  usurpa- 
tions of  the  federal  courts  in  Ken- 
tucky, in  fixing  upon  that  state  ex- 
ecutions, under  the  title  of  rules  of 


PROCESS  IN  U.  S.  COURTS. 


courts.  Otherwise,  he  would  not. 
He  thought,  the  process  should 
be  regulated  by  state  legislation. 

Mr.  Kane  objected  to  the  post- 
ponement. It  was  true,  if  the 
amendment  of  the  gentleman  from 
Tennessee  prevailed,  it  would  es- 
tablish different  regulations  in  the 
old,  and  the  new  states.  But  this 
did  not  present  an  objection  to  the 
bill  of  a  serious  nature  ;  for,  that 
distinction  might  easily  be  remo- 
ved, by  a  modification  of  the  motion, 
so  as  to  make  the  operation  of  the 
principle  general,  throughout  the 
union.  He  did  not  believe  that 
the  framers  of  the  law  of  1789,  had 
taken  up  the  laws  of  the  different 
states,  then  forming  the  union,  and 
entered  into  an  examination  of 
them,  to  aid  in  framing  that  act. 
Was  it  not  more  rational  to  con- 
clude, that  the  national  legislature 
of  that  day,  had  more  confidence 
in  the  integrity  of  the  states,  than 
was  felt  by  congress  at  the  present 
time  ?  And  if  they  did  feel  that 
confidence  in  the  states,  why  should 
not  the  laws  of  the  states,  so  far  as 
it  would  be  expedient,  be  now 
adopted?  The  present  law,  he 
thought,  went  far  enough  :  it  gave 
the  circuit  courts  power  to  alter 
and  amend  the  laws  of  process, 
passed  by  the  state  legislatures  ; 
and  to  the  supreme  court  of  the 
United  States,  power  to  supervise 
and  overrule  them.  It  appeared 
to  him  sound  policy,  that  the  fede- 
ral courts,  as  far  as?  they  should 


agree  with  their  rules,  should  be 
governed  by  the  laws  of  the  states. 
Wherever  those  laws  were  in 
hostility  to  their  rules,  it  was  in  the 
power  of  the  courts  to  amend  and 
correct  them.  If  the  amendment 
of  the  gentleman  from  Tennessee 
prevailed,  he  would  engage  to  in- 
troduce an  amendment  to  make 
the  application  of  the  principle 
general  to  all  the  states.  It  was 
necessary  that  in  some  shape  or 
other,  this  bill  should  pass,  more 
especially  for  the  new  states,  which 
were  by  the  operation  of  adverse 
circumstances,  deprived  altogether 
of  circuit  courts. 

Mr.  Van  Buren  said,  that  this 
bill  ought  now  to  be  decided  upon. 
It  was  a  measure  which  had  long 
occupied  congress,  this  being  the 
second  or  third  session  in  which  it 
had  been  discussed.  The  bill  pass 
ed  the  Senate  in  its  present  form, 
two  years  since.  The  course  now 
proposed,  was  a  middle  one,  and 
he  saw  no  objection  to  it.  It  did 
not.  go  the  length  desired  by  the 
gentlemen  from  Kentucky  (Mr. 
Johnson.)  It  did,  certainly,  as 
was  stated  by  the  gentleman  from 
Georgia,  (Mr.  Berrien,)  establish 
two  different  rules.  This  objec-> 
tion,  however,  would  be  removed, 
if  an  amendment  could  be  intro- 
duced to  make  its  operation  equal 
in  all  the  states.  As  to  the  state 
which  he  in  part  represented,  he 
thought  it  would  be  acceptable, 
and  considered  as  in  no  wav  in- 


ANNUAL  REGISTER,  1827-8-9. 


terfering  with  the  established  Ju- 
diciary. 

Mr.  White  observed,  that  the 
only  reason  why  the  amendment 
offered  by  him,  did  not  extend  over 
the  whole  ground,  was,  that  he  did 
not  consider  himself  authorized  to 
make  any  proposition  for  altering 
the  condition  of  those  states,  in 
which  the  system  of  jurisprudence 
had  long  been  established.  For 
that  reason,  he  proposed  only  to  in- 
clude the  nine  states  admitted  into 
the  union  since  1789.  These  were 
his  motives.  If  the  amendment 
should  be  adopted,  he  would  wil- 
lingly vote  for  a  modification  ex- 
tending a  similar  provision  to  all 
the  states.  He  would,  however, 
acquiesce  in  the  motion  to  lay  the 
bill  on  the  table,  which  was  done. 

Feb.  13th. — The  bill  was  again 
taken  up,  and  Mr.  Rowan  moved 
to  strike  out  that  portion  of  the  bill, 
conferring  upon  the  courts  the 
power  of  modifying  their  process  ; 
and  to  insert  in  lieu  thereof,  a  se- 
cond section  in  the  following 
words :  "  That  so  much  of  any 
act  of  congress  as  authorizes  the 
courts  of  the  United  States,  or  the 
supreme  court  thereof,  at  their  dis- 
cretion, to  add  or  modify  any  of 
the  rules,  forms,  modes  and  usages, 
aforesaid,  of  the  forms  of  writs  of 
execution,  and  other  process,  ex- 
cept their  style,  shall  be,  and  the 
same  is  hereby,  repealed." 

On  this  amendment,  which 
brought  under  consideration,  the 


efficient  existence  of  the  federal 
judiciary,  and  its  independence  of 
state  legislation,  a  long  debate  arose, 
that  resulted  in  striking  out  the 
original  bill — 22  affirmative,  21 
negative. 

The  first  section  of  Mr.  Rowan's 
amendment,  was  then  adopted — 28 
affirmative,  16  negative ;  and  the 
second  section  rejected — 18  affir- 
mative,  26  negative.  The  bill  was 
then  ordered  to  be  engrossed. 

On  the  18th  of  February,  the 
bill  was  again  taken  up,  and  Mr. 
Parris  moved  a  reconsideration  of 
the  vote,  adopting  the  amendment ; 
but  after  some  discussion,  withdrew 
his  motion  ;  when  Mr.  Smith,  of 
Maryland,  moved  to  re-consider  the 
vote.  This  motion  was  warmly 
opposed  by  Messrs.  Rowan,  and 
Tazewell. 

Mr.  Webster,  who  had  not  before 
been  present  during  this  debate, 
observed,  that  some  extraordinary 
propositions  had  been  laid  down  in 
the  argument;  butonacount  of  the 
lateness  of  the  hour,  he  was  in- 
duced to  move  an  adjournment, 
which  was  carried. 

February  19th. — Mr.  Webster 
addressed  the  senate  at  length,  in 
favour  of  the  motion  to  recommit. 
He  entered  into  a  view  of  the  osten- 
sible objects,  and  ultimate  effects 
of  the  bill,  and  showed  that  the 
former  were  not  adhered  to,  while 
the  latter  would  be  productive  of 
great  inconvenience.  The  grounds 
of  his  opposition  to  the  bill,  were. 


PROCESS  IN  U.  S.  COURTS. 


95 


that  in  many  cases,  it  stops  execu- 
tion and  other  process  of  the  com- 
mon law,  by  making  the  process  of 
the  United  States'  courts,  conform 
to  that  of  the  state  courts  ;  that  it 
deprives  the  United  States  courts  of 
the  power  to  make  rules,  and  gives 
to  the   state  courts,  the  power  to 
make  rules  for  them  ;  that  it  oppo- 
ses obstacles   to   the   recovery  of 
debts  by  the  United  States ;  and 
that,  in  regard  to  equity,  it  abolish- 
es chancery  jurisdiction  in  many  of 
the  states,  and  confuses  it  in  others. 
He  denied,  that  the  bill  was  neces- 
sary for  the  attainment  of  the  pur- 
poses, for  which   it   was   framed. 
The  final  process,  as  affecting  land 
and  slaves,  might  be  regulated  by 
law ;    and,    whenever    gentlemen 
would  bring  forward  their  system, 
he  would  cheerfully  unite  with  them 
in   maturing   it.     He  was  willing 
that  the  benefits  asked  for  by  the 
new  states,  should  be  accorded  to 
them  ;  but  felt  it  to  be  his  duty  to 
oppose  a  bill,  pregnant  with  so  much 
evil  to  the  older  members  of  the 
union. 

Mr.  Van  Buren,  also  supported 
the  motion  to  recommit.  He  con- 
sidered the  bill  as  liable  to  all  the 
objections  urged  against  it,  and 
even  more.  The  sense  of  the  senate 
had  once  been  decidedly  expressed, 
against  repealing  the  supervising 
power  of  the  United  States  courts. 
The  object  of  the  recommitment, 
was  to  make  the  bill,  what  it  was  in- 
tended by  the  Senate  to  be,  and 
what  it  was  supposed  to  be,  when  it 


passed  to  a  third  reading.  It  was 
obvious,  that  the  bill,  in  its  present 
form,  was  allowed  to  progress, 
merely  through  an  oversight  of  the 
senate. 

February  2lst. — Mr.  Rowan,  mo- 
ved to  resume  the  discussion,  and 
made  an  elaborate  reply  to  Mr. 
Webster ;  and  was  followed  by  Mr. 
Tazewell,  on  the  same  side.  Mr. 
Webster  briefly  replied,  and  the 
motion  to  reconsider,  was  then 
agreed  to. 

On  the  28th  of  February,  the  sub- 
ject was  again  resumed,  and  Mr. 
Webster  said,  that  the   bill,  in  its 
present  shape,  would  operate  upon 
all  the  states ;  and  he  should  move  to 
recommit  it  to  the  committee  on  the 
judiciary.     He  thought  its  provi- 
sions ought  to  be  so  framed,  as  to 
suit  the  purposes  of  all ;  and  as  the 
decision  upon  such  questions  be- 
longed peculiarly  to  that  committee, 
this  bill  ought  to  be  once  more  re- 
ferred  to  it.     The  bill  had  gone 
through  various  forms,  and,  in  that 
in  which  it  now  appeared,  he  could 
not  vote  for  it ;  however  anxious  he 
might  be  for  the  adoption  of  some 
measure,  which  would  give  to  the 
new  states,  the  relief  promised  by 
this  bill.     But  he  could  not  support 
it,  while  it  proposed  an  innovation 
upon  the  judicature  of  the  old  states, 
with  which,  in  reality,  it  ought  to 
have  nothing   to  do.     He  hoped, 
therefore,  that  this  matter,  made 
complex  by  the  various  motions  in 
relation  to  it,  would  be  again  sub- 
mitted  to  the  investigation  of  the 


96 


ANNUAL  REGISTER,  1827-6-9. 


judiciary  committee,  where  it  could 
receive  a  form,  that  would  render  it 
more  acceptable  to  the  senate. 

Mr.  Johnson  of  Louisiana,  said, 
if  you  leave  the  old  states  as  they 
are,  they  will  be  satisfied  ;  but  if 
you  undertake  to  regulate  their  ju- 
risprudence, they  will  vote  against 
the  bill.  He  was  in  favour  of  a  re. 
commitment. 

Mr.  Rowan  was  opposed  to  the 
motion  to  recommit. 

Mr.  Berrien  and  Mr.  Kane  said 
a  few  words  in  favour  of  a  recom- 
mitment. 

The  motion  to  recommit  was 
carried,  23  to  16. 

March  17 th. — The  Judiciary  com- 
mittee,  reported  the  bill,  with  an 
amendment,  which  was  brought  up 
for  consideration,  April  3d. 

This  amendment  proposed  to  sub- 
stitute for  the  bill,  the  following  pro- 
visions : 

1st.  That  the  formsof  mesue  pro- 
cess, except  the  style,  and  forms, 
and  modes  of  proceeding,  in  the 
federal  courts,  held  in  the  states  ad- 
mitted into  the  union  since  1789,  at 
common  law,  shall  be  the  same  in 
each  state,  respectively,  as  those 
now  used  in  the  highest  court  of 
original  and  general  jurisdiction 
of  the  same  ;  in  proceedings  at 
equity,  according  to  the  principles, 
rules,  and  usages  of  courts  of  equi- 
ty ;  and  ia  admiralty,  according,  to 
the  principles,  rules,  and  usages  of 
courts  of  admiralty,  except  when 
otherwise  provided  for,  by  acts  of 
congress ;  subject,  however,  to  such 


alterations  and  additions  as  the  said 
federal  courts  shall  deem  expedi. 
ent ;  or  to  such  regulations  as  the 
supreme  court  of  the  United  States 
shall,  from  time  to  time,  prescribe, 
concerning  the  same. 

2d.  That  in  those  states  where 
judgments  in  the  United  States 
courts  are  a  lien  on  real  estate,  and 
where  the  defendants  in  the  state 
courts  are,  by  law,  entitled  to  an 
imparlance  of  one  or  more  terms,, 
defendants,  in  actions  in  the  Uni- 
ted States  courts,  shall  be  entitled 
to  an  imparlance  of  one  term. 

3d.  That  writs  of  execution,  and 
other  final  process,  issued  on  judg^ 
ments  or  decrees  in  any  of  the 
United  States  courts,  and  the  pro- 
ceedings thereupon,  shall  be  the 
same,  except  their  style,  in  each 
state  respectively,  as  are  now 
used  in  the  courts  of  such  state  ; 
saving  to  the  United  States  courts, 
in  those  states  where  there  are  no 
courts  of  equity,  with  the  ordinary 
equity  jurisdiction,  the  power  of 
prescribing  the  mode  of  executing 
their  decrees  in  equity  by  rules  of 
court. 

Mr.  Berrien  moved  to  add  to  the 
third  section  a  proviso,  giving  to 
the  federal  courts  the  power  of 
altering  their  final  process  by  rules 
of  court,  so  as  to  make  them  con- 
form  to  any  change  made  by  the 
legislatures  of  the  respective  states 
for  the  state  courts.  This  proviso 
was  adopted — 24  affirmative,  17 
negative. 

Mr.  White  then  moved  to  amend 


PROCESS  li\  k.  a.  COURTS. 


si: 


the  bill,  by  striking  out  the  word 
"l  now"  from  the  third  section.  The 
object  of  this  motion  was,  to  in- 
clude the  laws,  which  might  here- 
after be  passed  by  the  legislatures 
of  the  several  states  in  relation  to 
final  process,  so  that  the  rules  rela- 
tive to  execution,  which  the  states 
might  hereafter  adopt  for  their 
local  courts,  should  be  adopted  in 
the  United  States  courts. 

Mr.  Johnston,  of  Louisiana,  said 
he  rose  to  state  the  question  now 
submitted  to  the  senate. 

The  judiciary  committee  report- 
ed a  bill  for  the  process  of  the 
United  States  courts,  adopting  the 
laws  and  regulations  of  the  several 
states.  The  gentleman  from  Ken- 
tucky  moved  to  strike  out  the  bill, 
and  to  substitute  an  amendment ; 
the  effect  of  which  was,  to  adopt 
the  laws  and  regulations  of  the  se- 
veral states,  as  they  shall  be  from 
time  to  time  made.  A  section  was 
introduced,  to  take  away  from  the 
courts  of  the  United  States  the 
power  to  make  rules  and  regula- 
tions. It  was  deliberately  decided 
by  the  senate,  that  this  section 
should  be  stricken  out ;  and  they 
substituted  a  section,  giving  ex- 
pressly  the  power  to  the  courls  to 
make  rules  and  regulations,  but 
limiting  the  power  to  mere  matters 
of  form.  The  amendment,  thus 
amended,  passed.  Upon  the  third 
reading,  it  was  suggested  by  the 
gentleman  from  Massachusetts,  that 
ihis  bill  unsettles  the  process  law, 

VOL.  III. 


as  it  now  stands  in  the  states  ad- 
mitted  into  the  union  before  1789  ; 
and  adopts  for  the  new  states,  not 
the  law  as  it  now  stands,  but  such 
as  it  may  be,  by  the  future  legisla- 
tion of  those  states. 

Upon  full  debate,  it  seemed  to 
be  the  opinion  of  the  senate,  that 
no  law  changing  the  mode  of  pro- 
ceeding was  necessary  for  the  old 
states,  and  that  it  was  sufficient  to 
provide  for  the  new  states ;  and  it 
seemed  also  the  opinion  of  the  se- 
nate, that  we  ought  to  adopt  the 
laws  of  the  states  as  now  in  force, 
and  not  the  changing  legislation, 
that  may  be  hereafter  enacted  by 
the  states. 

The  bill  was  recommitted  to  the 
judiciary  committee,  to  prepare  a 
bill  which  they  have  now  reported, 
striking  out  the  amendment  of 
the  gentleman  from  Kentucky,  and 
substituting  one  which  provides 
for  the  process  of  the  new  states, 
leaving  the  old  states  as  they  now 
are  with  regard  to  mesne  process, 
and  adopting  the  final  process  of 
the  states  in  all  the  states. 

Now,  those  who  are  opposed  to 
legislating  for  the  mesne  process 
of  old  states,  and  those  who  are 
opposed  to  adopting  the  future 
laws  of  the  states,  will  vote  to 
retain. 

He  was  in  favour  of  leaving  the 
old  states  as  they  now  are,  and 
adopting  the  laws  of  the  new  states 
as  they  are  now  known  to  be. 

Messrs.  Rowan.  White,  Web. 
13 


ANNUAL  REGISTER, 


ster,  and  Bcrrien,  made  some  ad- 
ditional remarks,  when  the  ques- 
lion  was  taken  on  the  motion  to 
strike  out,  which  was  negatived — • 
ayes  15,  nays  27. 

Mr.  Rowan  then  moved  to  limit 
the  power  of  the  federal  courts  to 
make  alterations  and  additions  to 
tnesne  process,  to  matters  of  form 
>nly,  which  motion  was  rejected — 
ayes  16,  nays  26. 

The  question  then  recurred,  on 
ordering  the  bill  to  a  third  reading. 

Mr.Tazewell  said,  that  the  bill  re- 
quired an  amendment  in  one  small 
particular.  The  provisions  of  the 
3ill  were  applied  to  the  states  ad- 
nitted  into  the  union  since  a  par- 
icular  day  in  the  year  1789.  Now. 
Rhode  Island  and  North  Carolina 
;ame  into  the  union  in  the  year 
1790  ;  the  former  in  the  month  of 
Fune,  and  the  latter  in  the  month 
>f  July,  of  that  year.  Thus,  those 
wo  States  are  brought  within  the 
revisions  of  a  law,  not  made  nor 
ntended  to  be  applied  to  them. 

Mr.  Kane  said,  that  when  the 
ubject  was  well  understood,  there 
veuld  be  no  difficulty  about  it.  In 
eference  to  Rhode  Island  and 
forth  Carolina,  the  bill  would  have 
10  other  operation  than  to  put  them 
m  the  same  footing  with  the  older 
States  ;  that  is,  upon  the  same  foot- 
ng  on  which  they  have  ever  stood, 
ince  they  entered  into  the  confede- 
acy.  No  new  rule  is  substituted 
or  any  rule  formerly  existing  in 
Ihode  Island  and  North  Carolina. 


The  bill  gives  to  those  states  the 
same  rules,  in  the  same  words, 
which  they  have  always  had.  He 
hoped  the  bill  would  not  be  further 
delayed.  Its  passage,  this  session, 
was  essential  to  the  convenience 
of  the  new  States. 

Mr.  Berricn  made  some  remarks, 
showing  that  the  States  of  North 
Carolina  and  Rhode  Island  would  not 
be  injuriously  affected  by  this  bill. 

Mr.  Tazewell  said  he  had  no  wish 
to  procrastinate  the  bill.  He  had 
adverted  to  the  facts  that  eleven 
states  commenced  the  govern- 
ment. Rhode  Island  and  North 
Carolina  were  then  foreign  States, 
as  appears  by  the  early  acts  of 
congress.  The  chocolate  of  North 
Carolina  was,  by  a  law  then  passed, 
considered  as  coming  from  a  fo- 
reign state.  Subsequently,  these 
states  came  into  the  union. — A 
law  was  passed  for  extending  the 
judicial  act  to  them.  They  then 
stood  on  the  same  footing  with 
other  states.  But  now  we  pass  a 
lawj  intended  to  apply  to  eleven 
other  states,  which  came  into  the 
union  since  ;  and  we  apply  it  to  all 
states  admitted  since  a  particular 
day.  In  this  way  we  extended  a 
law  to  Rhode  Island  and  North 
Carolina,  which  was  not  intended 
for  them.  Perhaps  it  would  neither 
do  them  any  good  nor  any  harm. 
But  the  accuracy  of  phrase  due  to 
the  law  was,  as  he  thought,  departed 
from  in  this  instance.  He  should 
make  no  motion. 


VROi 


«J.  iS.  COURTS. 


99 


The  question  on  ordering  ihe 
Bill  to  a  third  reading  was  then 
taken,  and  decided  in  the  affirma- 
tive. 

The  bill  passed  the  senate,  with- 
out further  opposition,  and  was  sent 
to  the  house  for  concurrence. 

May  12th,  the  bill  was  taken 
up  in  that  body,  and  Mr.  P.  P. 
Barbour  stated  the  objects  of  the 
bill. 

Mr.  Bates,  of  Missouri,  oppo- 
sed the  bill,  on  account  of  the  de- 
lay that  would  be  occasioned  by 
the  right  of  imparlance ;  and  more 
especially  of  the  section  relative  to 
final  process.  He  referred  to  the 
unhappy  state  of  things  occasioned 
in  several  of  the  new  states,  by 
the  adoption  of  what  has  been  de- 
nominated the  relief  system ;  in- 
veighed  against  the  practical  injus- 
tice produced  by  a  false  sympathy 
for  debtors,  who  suffered  nothing 
but  the  consequence  of  their  own 
free  acts  ;  dwelt  upon  the  necessi- 
ty and  value  of  sure  and  speedy 
justice;  and  deprecated  any  con- 
formity, on  the  part  of  the  United 
States,  to  the  example  set  on  this 
subject  by  the  state  laws. 

Mr.  Livingston  said,  that  this 
bill  would  destroy  the  harmony  at 
present  existing  in  Louisiana,  be- 
tween the  process  laws  of  that 
state  and  those  of  the  United  States. 
The  second  section  could  not  be 
applied  to  the  judicial  concerns  in 
that  state,  without  throwing  them 
into  complete  confusion.  He  there- 


fore should  propose  another  sec- 
tion, exempting  the  state  of  Louisi- 
ana from  the  operation  of  the  law. 

This  amendment  was  agreed 
to.  Another  amendment  was  also 
adopted,  declaring  the  appearance 
term  to  be  a  term,  within  the  mean- 
ing of  the  second  section.  This 
amendment  was  not  agreed  to  in 
the  senate,  and  the  house  receded 
from  it. 

The  other  amendment  was  ac- 
cepted by  the  senate,  and  the  bill 
became  a  law,  without  further  op- 
position. 

The  Vice-President  (as  already 
mentioned  in  vol.  I.  page  87)  hav- 
ing construed  his  powers,  as  pre- 
siding officer  of  the  senate,  as  not 
permitting  him  to  preserve  order 
in  that  body,  it  became  necessary 
to  pass  some  resolution,  declaring 
it  to  be  within  the  scope  of  his  au- 
thority. An  amendment  was  ac- 
cordingly offered,  at  this  session, 
declaring  that  when  a  senator  was 
called  to  order,  "  by  the  president 
or  a  senator,  he  shall  sit  down ;  and 
every  question  of  order  shall  be 
decided  by  the  president,  without 
debate,  subject  to  appeal  to  the 
senate." 

This  simple  proposition  excited 
a  long  and  eloquent  debate  in  the 
senate,  in  which  the  opposition 
generally  sustained  the  view  taken 
by  the  Vice-President,  of  his  pow- 
ers. They  thought  the  authority 
proposed  by  the  amendment,  in  the 


100 


\NM  VI.  RKUISTER. 


presiding  officer,  as  of  the  most 
aristocratic  character,  and  threat- 
ening  the  most  alarming  conse- 
quences. The  constitution  was  in- 
voked, and  the  idea  of  placing  in 
the  hands  of  an  individual,  the 
power  of  controlling  and  checking 
the  freedom  of  debate  in  forty- 
eight  senators,  was  stigmatized  as 
monstrous.  Notwithstanding  these 
oratorical  appeals,  on  the  part  of 
some  of  the  members,  the  good 
sense  of  the  senate  prevailed,  and 
the  power  was  declared  to  be  in 
the  Vice.President,  bv  a  vote  of 


31  ayes,  15  nays:  and  the  amend- 
ment then  passed. 

The  other  business  of  the  ses- 
sion did  not  possess  much  perma- 
nent interest.  The  tariff  and  the 
presidential  election  seemed  to 
have  absorbed  the  faculties,  and 
engrossed  all  the  attention  of  the 
members ;  and,  after  a  long  and 
rather  angry  session,  congress  ad- 
journed, on  the  26th  of  May,  with- 
out much  regret  on  the  part  of  the 
community,  at  the  termination  of 
its  protracted  debates. 


CHAPTER  V. 


Opening  of  second  session  of  Congress—Message  of  President—Bill  re- 
lative to  drawback — Drawback  on  Sugar — Tonnage  duty— Instructions 
to  Panama  Mission — Termination  of  Congress. 


THE  second  session  of  the  twen- 
tieth congress,  commenced  on  the 
first  of  December,  1828,  by  the  or- 
ganization of  both  houses,  in  the 
usual  manner. 

In  the  senate,  32  members  at- 
tended ;  Mr.  Prince  appeared  in 
the  place  of  Mr.  Cobb,  resigned. 

In  the  house,  167  members  an- 
swered to  their  names,  and  four  new 
members,  viz  :  Messrs.  Tabor,  of 
N^ew-York,  Chambers,  of  Kentucky, 
and  Sinneckson  and  Randolph,  of 
New-Jersey,  appeared  in  the  place 
of  Messrs.  Oakley  and  Metcalf,  re- 
signed, and  Messrs.  Holcombe,  and 
Thompson,  deceased. 

The  next  day,  the  president  of 
ihe  United  States,  transmitted  his 
annual  message  to  congress,  which 
n*ill  be  found  among  the  public  do- 
cuments in  the  second  part  of  this 
volume. 

The  state  of  the  foreign  relations 
of  the  United  States,  had  not  mate- 
rially varied,  during  the  last  year. 
The  claims  on  France  were  still 
unadjusted ;  but  the  recent  advices 
from  the  American  embapsador,  en- 


couraged the  expectation  that  the 
appeal  to  the  justice  of  that  govern- 
ment, would  be  properly  answered. 

The  king  of  the  Netherlands,  had 
4>een  chosen  as  the  arbitrator,  to 
determine  the  dispute  respecting 
the  north  eastern  boundary. 

The  state  of  the  commercial  re- 
lations between  the  United  States 
and  Great  Britain,  was  then  advert- 
ed to  ;  and  some  of  the  acts  passed 
by  the  British  government,  as  re- 
taliating measures  on  account  of 
the  tariff,  were  spoken  of,  as  viola- 
ting the  commercial  convention  be- 
tween the  two  powers. 

A  view  was  then  given  of  the 
commercial  system  adopted  by  the 
United  States ;  and  an  adherence  to 
the  principles  of  liberality  and  re- 
ciprocity which  characterize  it, 
strongly  inculcated.  Those  princi- 
ples had  been  partially  adopted  in 
the  treaties  formed  by  the  United 
States,  with  Great  Britain,  France, 
Sweden,  Denmark,  Prussia,  the 
Hanseatic  League,  Colombia,  and 
Central  America  ;  and  an  expecta- 
tion was  entertained,  that  the  mu- 


10-4, 


ANNUAL  REGISTER,  1627-b-y. 


tual  abolition  of  discriminating  du- 
ties, a  maxim  which  prevails  in  all 
these  treaties,  would  finally  be 
adopted  by  other  nations.  A  por- 
tion  of  the  claims  on  Denmark,  had 
been  adjusted,  and  an  assurance 
given,  as  to  the  equitable  considera- 
tion of  the  remainder. 

The  receipts  during  the  year 
1828,  amounted  to  $24,094,864 ; 
nearly  two  millions  more  than  the 
estimates  in  the  last  message. 

The  expenditures  amounted  to 
$25,637,512. 

The  revenue  of  the  year  1829, 
was  estimated  to  be  at  least  equal 
to  that  of  the  year  1828  ;  and  the 
public  debt,  which,  at  the  com- 
mencement of  the  latter  year, 
amounted  to  $67,413,378 

On  the  first  of  January,  1829, 
amounted  to  $58,362,136 

The  expenditures  of  the  post-of- 
fice department,  during  the  year 
1828,  exceeded  the  revenue  about 
$25,000,  which  was  caused  by  a 
great  increase  of  mail  routes. 

The  increase  in  that  department 
since  1792,  had  been  from  5,642 
miles  of  post  roads,  and  $67,000 
revenue,  to  114,536  miles  of  post 
roads,  and  $1,598,000  revenue,  in 
1828. 

The  operation  of  the  tariff,  was 
then  adverted  to  ;  and  while  its  ef- 
fects upon  the  different  local  inte- 
rests of  the  United  States,  were  re- 
commended to  the  deliberate  con- 
sideration of  congress ;  a  strong 
hope  was  expressed,  that  the  exer- 


cise ofa  constitutional  power,  intend" 
ed  to  protect  the  great  interests  of 
the  country  from  the  hostile  legisla- 
tion of  foreign  countries,  would  ne- 
ver be  abandoned. 

The  condition  of  the  Indian  po- 
pulation within  the  United  States, 
was  mentioned  as  requiring  the  par- 
ticular attention  of  the  legislature. 

The  systematic  policy  of  the  go- 
vernment, in  fortifying  the  sea  coast ; 
in  improving  the  internal  commu- 
nications of  the  country ;  in  increas- 
ing the  navy  ;  and  in  improving  the 
character  of  the  army,  by  educa- 
ting officers  at  the  public  expense, 
was  approved  of  as  beneficial  in  its 
operation  upon  the  interests  of  the 
union.  Congress  was  also  remind- 
ed of  the  necessity  of  making  pro- 
vision for  taking  the  fourth  census 
of  the  inhabitants  of  the  United 
States  ;  and  of  the  propriety  of  pro- 
viding for  an  enumeration  of  its 
inhabitants,  classed  according  to 
their  ages,  in  intervals  of  ten  years 
each  class. 

The  president  concluded,  by  as- 
suring congress  of  his  continued 
earnest  wish  for  the  adoption  of  the 
measures  formerly  recommended 
by  him  ;  and  of  his  cordial  concur- 
rence in  every  constitutional  pro- 
vision, which  may  be  presented  to 
him,  tending  to  the  general  welfare. 

Congress  appeared  inclined,  this 
session,  to  provide  only  for  the  ne- 
cessities of  the  government.  The 
term  of  the  existing  administration 
was  too  short  to  allow  it  to  do  more 


BILL  RELATIVE  TO  DRAWBACK. 


tftau  to  bring  its  affairs  to  a  close  ; 
and  the  views  and  policy  of  the  suc- 
ceeding administration,  were  not 
yet  developed. 

Certain  measures,  however,  af- 
fecting the  navigating  interest,  were 
urged  upon  the  consideration  of 
congress ;  and  the  policy  of  some  of 
these,  was  too  obvious-  to  be  over- 
looked  by  that  body,  which  certain, 
ly  had  not,  of  late,  manifested  a 
very  ardent  affection  for  that  branch 
of  national  industry,  or  even  beco- 
ming regard  for  so  efficient  an  arm 
of  national  defence. 

The  first  of  these  propositions, 
M'as  a  bill  extending  the  term  within 
which  goods  may  be  exported,  with 
the  benefit  of  drawback,  without 
any  deduction. 

When  this  bill  was  read  a  third 
time,  December  llth,  Mr.  Wick- 
liffe  objected  to  its  passage. 

To  the  extension  of  time  he  saw 
no  valid  objection,  but  the  repay, 
ing  the  whole  duty  was  an  innova- 
tion upon  the  established  revenue 
system. 

Two  and  a  half  per  cent,  had 
been  usually  retained  on  the 
amount  of  debentures,  and  this 
deduction  had  yielded  annually 
about  $150,000.  The  law  pro- 
poses to  repeal  this  part  of  the  re- 
venue  system,  and  to  allow,  in 
effect,  all  goods  imported  into  the 
United  States  in  quest  of  a  market, 
to  be  exported  without  the  govern, 
ment  deriving  any  revenue  there- 
from. He  thought  the  beneficial 


effects  of  this  law  would  be  felt 
chiefly  by  the  foreign  merchant 
and  manufacturer,  and  he  should 
oppose  it. 

Mr.  Cambreleng  replied,  that 
the  two  and  a  half  per  cent,  deduc- 
tion was  not  levied  for  the  purposes 
of  revenue.  It  had  never  been 
contemplated  to  derive  a  revenue 
from  the  transit  trade;  but  this  de- 
duction was  made  with  the  view  of 
indemnifying  the  government,  for 
the  incidental  expenses  of  ware- 
housing merchandise  intended  for 
exportation.  The  deduction  ori- 
ginally was  one  per  cent,  on  the 
small  rate  of  duties  then  imposed. 
It  was  afterwards  increased  to  co- 
ver the  expense  of  the  stamp,  when 
the  stamp  act  was  passed.  The 
duties  have  been  since  increased, 
until  the  deduction  is  sixteen  times 
the  amount  originally  contem- 
plated, while  the  expenses  have 
actually  lessened.  There  was  no 
reason  for  retaining  this  provision 
in  our  revenue  system.  All  the 
expenses,  and  custom-house  fees, 
must  be  paid,  independent  of  this 
deduction,  before  the  goods  can  be 
taken  out  of  the  possession  of  the 
officers  of  the  customs. 

No  other  commercial  nation  had 
made  such  a  deduction,  except  in 
lieu  of  all  incidental  expenses. 
The  sole  object  of  the  bill  was  to 
place  our  trade  on  the  same  liberal 
footing,  that  the  trade  of  other  na- 
tions enjoyed.  The  continuance 
of  this  deduction  would  operate  as 


104 


ANNUAL  REGISTER,  1827-8-9, 


a  discriminating  duty  in  favour  of 
the  navigation  of  England  and 
France.  It  was  utterly  inconsis- 
tent, with  every  principle  of  sound 
policy. 

Mr.  Barney  said,  that  Great  Bri- 
tain, with  the  view  of  availing  her- 
self  of  the  new  markets  of  South 
America,  had  established  free  ports 
on  our  frontier  ;  and  if  we  would 
meet  her  on  equal  terms,  we  must 
repeal  this  duty  on  the  transit  trade. 
The  South  American  trade  is  im- 
portant. It  already  constitutes 
one  third  of  our  exports,  and  we 
ought  to  encourage  it  by  every 
means  in  our  power. 

The  bill  finally  passed— 153 
ayes,  28  nays. 

In  the  senate,  the  principle  of 
the  bill  was  modified,  by  striking 
out  a  section,  which  gave  to  the  se- 
cretary of  the  treasury  power  to 
extend  the  term,  within  which 
goods  might  be  exported,  and  in- 
serting a  provision  extending  the 
term  to  three  years.  The  bill  was 
then  passed,  and  sent  to  the  house, 
where  the  amendments  were  con- 
curred in,  and  it  became  a  law. 

Another  bill,  allowing  an  addi- 
tional drawback  on  the  exportation 
of  refined  sugar,  was  taken  up  in 
the  house  December  15th,  1828, 
and  the  discussion  was  continued 
till  the  17th.  This  bill,  which  pro- 
posed to  allow  5  cents  drawback, 
instead  of  4  cents  per  lb..  was  op- 


posed by  Messrs.  Gurley  and  Brent- 
from  Louisiana,  on  the  ground  that 
it  gave  a  preference  to  the  foreign, 
over  the  domestic  sugar,  and  tend- 
ed to  postpone  the  time,  when  the 
whole  consumption  would  be  sup- 
plied by  the  sugar  of  domestic 
growth.  It  encouraged  the  intro- 
duction of  a  foreign  article  into 
the  United  States,  when  the  country 
was  able  to  supply  itself.  If  the  ma- 
nufacturer refined  for  exportation, 
he  ought  to  use  the  domestic  sugar. 

Messrs.  Gilmer  and  Stevenson 
of  Pa.  said,  that  the  sugar  refining 
manufactories  were  increasing, 
and  in  a  flourishing  condition,  and 
did  not  require  any  additional  en- 
couragement, and  that  if  the  bounty 
was  allowed  no  one  would  use  do- 
mestic  sugar  for  refining. 

Mr.  Sergeant  said,  that  it  ap- 
peared, from  a  comparison  of  the 
amount  paid  on  the  exportation  of 
this  article,  at  different  periods, 
that  the  business  was  declining. 
Between  1795  and  1803,  while  the 
drawback  was  equal  to  the  duty, 
the  average  amount  paid  was 
$9473  per  annum,  but  that,  upon 
an  average,  for  the  three  last  years, 
it  amounted  only  to  $1733. 

Mr.  Sutherland  said,  that  the 
Louisiana  sugar  was  not  fit  for  re- 
fining, and  that  all  the  sugar  houses 
refined  from  foreign  sugar. 

He  did  not  think  that  the  domes- 
tic sugar  could  be  injured  by  the 
competition,  as  at  present  it  was 


BILL  RELATIVE  TO  DRAWBACK. 


105 


not  sufficient,  to  supply  the  demand 
for  table  use. 

Mr.  S.  Wood  contended,  that 
the  bill  created  a  new  article  of 
commerce ;  and  that  it  was  only 
doing  what  Great  Britain  did,  in  re- 
lation to  her  sugar  refineries. 

Mr.  Cambreleng  advocated  its 
passage,  as  essential  to  place  our 
sugar  refiners  on  an  equal  footing 
with  those  of  Europe.  The  raw 
material  they  used,  was  altogether 
of  foreign  production;  and  the  prin- 
ciple had  been  acted  on  hitherto, 
of  allowing  a  debenture  double  to 
the  duty  on  the  sugar,  which  was 
the  rate  now  asked  in  this  bill.  The 
bill  only  aimed,  to  remove  one  of 
the  restrictions  on  the  trade  of  the 
country. 

Mr.  M'Duffie  moved  an  amend- 
ment,  requiring  the  refiner  to  make 
oath  that  the  sugar,  on  which  draw- 
back was  demanded,  was  refined 
from  foreign  sugar. 

He  said,  he  proposed  this  amend- 
ment, to  guard  against  frauds ;  and 
expressed  his  conviction,  that  the 
present  drawback  was  quite  suf- 
ficient to  cover  the  duty. 

Mr.  Taylor  observed,  that  this 
amendment  would  produce  incon- 
venience, as  the  exporter  would 
not  always  be  the  refiner. 

The  amendment  was  then  re- 
jected— ayes  80,  nays  90. 

Mr.  Wilde  expressed  his  opinion, 
that  this  bill  ought  not  to  pass.  He 
referred  to  the  particular  circum- 
stances, which  rendered  our  trade 

Voi.  III. 


in  refined  sugar  more  than  usually 
prosperous ;  the  fact  of  the  French 
republic  being  excluded  from  com- 
mercial  intercourse  with  the  other 
European  powers,  and  the  conse- 
quent diversion  of  the  trade  into 
our  hands.  He  stated,  that  the 
principal  sugar  used  for  refining, 
is  the  Havana  laid  sugar;  and 
that  no  domestic  sugar  had,  as 
yet,  been  used  for  that  purpose, 
was  the  best  proof  of  its  unfitness* 
He  suggested,  that  as  we  had,  by 
the  imposition  of  an  increased  duty 
on  molasses,  enhanced  the  value  of 
that  article ;  we  had,  by  this  duty, 
benefited  the  refiner  of  the  foreign 
material,  who  could  dispose  of  his 
molasses  to  better  advantage.  He 
attributed  the  diminution  of  our  re- 
fined sugar,  to  the  superiority  of 
the  British  manufacture,  which  in- 
duces us  to  import  from  Great  Bri- 
tain or  Canada,  in  preference  to 
the  consumption  of  our  own.  This 
inferiority,  he  attributed  to  the  use 
of  bad  machinery.  He  concluded 
with  expressing  his  hope,  that  the 
bill  would  not  pass. 

Mr.  Mallary  briefly  met  the  ar- 
guments used  in  opposition  to  the 
bill.  If  he  believed  that  Louisiana 
could  be  injured  by  this  bill,  he 
would  vote  against  it.  But  he  an- 
ticipated  no  such  result.  The  do- 
mestic  article  is  now  insufficient  to 
the  supply.  Instead,  therefore,  of 
any  of  it  being  exported,  we  are 
obliged  to  import  foreign  sugar,  to 
make  up  the  deficiency  at  home. 

14 


100 


ANNUAL  REGISTER,  18-27-8-9. 


In  cases,  where  a  surplus  foreign 
material  may  remain  in  the  mar- 
ket, there  will  be  a  depression  of 
price,  in  which  the  domestic  article 
must  participate.  By  the  introduc- 
tion of  this  drawback  system,  the 
foreign  article  is  carried  out  of  the 
market,  and  the  domestic  is  left  at 
home,  without  competition,  to  the 
manifest  advantage  of  the  grower. 
Were  it  not  for  the  allowance  of 
this  drawback,  there  would  be  a 
very  diminished  importation  of  fo- 
reign sugar,  to  the  injury  of  the 
commercial  interest,  and  the  reve- 
nue would  be  deprived  of  the  duty, 
on  so  much  as  is  consumed  here. 
He  objected  to  the  use  of  the 
term  bounty,  in  relation  to  that 
which  is  only  the  fulfilment  of  an 
obligation,  viz. :  to  pay  back,  on 
exportation,  the  duty  on  the  im- 
ported article.  This  is  a  maxim 
of  sound  commercial  policy.  He 
was  of  opinion  that  the  bill  was 
called  for,  and  should  be  allowed 
to  pass. 

The  bill  passed  to  a  third  read- 
ing, by  a  vote  of  117  ayes,  71 
nays,  and  was  sent  to  the  senate 
for  concurrence. 

In  the  senate,  when  the  bill  was 
taken  up,  December  30th,  a  simi- 
lar discussion  took  place. 

Mr.  Smith,  of  Maryland,  said,  the 
secretary  of  the  treasury  thought 
that  this  allowance  was  fair,  in  re- 
lation to  the  refiner,  as  five  cents 
give  no  more  to  the  refiner  than 
he  pays  for  duty.  The  bill  will 
enable  our  refiners,  to  enter  into 


competition  with  the  sugar  reliuti '* 
of  Hamburgh  and  England,  Their 
sugar  comes  into  market  without 
duty;  our  sugar  is  taxed  with  one 
cent  on  the  pound.  Five  cents  is 
one  tenth  of  a  cent  less  than  the 
duty  paid  by  the  refiner.  But  it  is 
thought,  that  the  five  cents  draw- 
back would  be  sufficient  to  enable 
our  refiners  to  enter  into  fair  com- 
petition  with  foreigners  in  foreign 
markets.  The  Batavia  sugar  is 
the  best  for  the  refiner.  Very 
little  domestic  sugar  is  refined. 
The  Cuba  sugar  is  the  next  best  for 
refiners.  Our  trade  with  Cuba  is 
very  extensive,  and  our  returns 
are  received  principally  in  sugar, 
which  we  export  after  refining  it. 
On  the  whole,  he  thought,  that  the 
bill  would  be  highly  beneficial  to 
the  navigating  and  manufacturing 
interests,  and  to  the  interest  of  the 
country  at  large. 

Mr.  Benton  said,  this  was  one  of 
those  bills  which  was  very  likely  to 
take  a  run,  and  pass  both  houses  of 
congress  without  delay.  The  pre- 
sent drawback  was  very  different 
from  the  drawback  of  the  year  1790. 
It  was  a  premium.  In  1790,  we  had 
no  domestic  sugar,  and  there  was 
no  competition  between  it  and  fo- 
reign sugar,  and  no  danger  of 
fraud.  There  was  proof  before 
congress,  that  we  paid  a  premium 
on  domestic  rum  made  of  whiskey. 
Only  one  fourth  part  of  the  spirits 
exported  as  West  India  rum,  was 
ever  imported.  Congress  took 
awav  the  drawback  in  that  case. 


BILL  RELATIVE  TO  DRAWBACK. 


101 


We  are  told  that  domestic  sugar 
will  not  do  for  refining.  The 
truth  is,  that  the  refiner  can  get  fo- 
reign sugar,  freed  from  duty,  cheap, 
er  than  he  can  get  domestic  sugar. 
"West  India  sugar  costs  three  cents, 
and  Louisiana  five  cents. 

Mr.  B.  declared  the  drawback 
to  be  a  tax,  for  the  benefit  of  a  few 
manufacturers,  and  a  few  foreign- 
ers; and  that  it  was  at  war  with 
the  principles  of  the  American  sys- 
tem. He  was  opposed  to  the  bill 
altogether. 

Mr.  Sanford  remarked,  that  the 
senator  from  Missouri,  had  incor- 
rectly  denominated  the  drawback 
a  premium.  That  it  was  a  pre- 
mium,  in  one  sense,  he  admitted  ; 
but  he  denied  that  it  took  from  the 
treasury  a  single  cent,  to  which  the 
government  was  fairly  entitled. 
The  drawback  on  sugar  was  es- 
sentially  the  same,  with  the  draw- 
back on  salt  used  by  the  fisher- 
men. We  allowed  the  fishermen 
a  bounty  on  the  exportation  offish, 
equal  to  the  duty  paid  by  them  on 
salt,  which  was  used  in  curing  fish. 
In  neither  case,  was  there  any  tax 
on  the  treasury,  nor  any  burden  on 
the  people,  unless  fraud  was  com- 
mitted. In  respect  to  sugar,  it 
was  not  pretended,  that  there  had 
been  any  fraud,  or  suspicion  of 
fraud.  The  question  now  was, 
whether  we  should  permit  our  re- 
finers to  export  refined  sugar,  free 
from  the  duty  which  they  had  paid 
on  the  raw  sugar.  In  the  present 
state  of  things,  it  was  proper,  he 


thought,  to  encourage  the  manu- 
facturer, by  returning  to  him  the 
duties  which  he  pays  on  the  raw 
material  that  he  imports.  We 
suffer  him  to  supply  us  with  re- 
fined  sugar ;  why  not  let  him  supply 
foreign  countries  ? 

Mr.  Johnston,  of  Louisiana, 
could  see,  he  said,  no  objections 
to  the  principle  on  which  the  bill 
was  founded.  Another  principle 
was  equally  plain — that  when  the 
country  produced  a  sufficient  quan- 
tity of  raw  sugar ;  the  domestic,  and 
not  the  foreign  raw  material,  should 
be  used  in  the  refinement  of  sugar. 
He  would,  therefore,  propose  that 
this  law  should  continue  in  force 
only  five  years.  At  that  time,  the 
operation  of  it  would  be  well  ascer- 
tained.  If  the  trade  should  become 
an  important  one,  and  not  prejudi- 
cial to  any  other  interest,  the  law 
might  be  renewed.  At  that  period, 
too,  the  production  of  domestic 
sugar  would  be  greatly  increased — = 
perhaps,  to  an  extent  sufficient  for 
the  supply  of  the  refiners. 

Mr.  Silsbee  opposed  the  amend- 
ment. The  sugar  refiners,  he  said, 
would  not  invest  capital  in  the  busi- 
ness, on  the  supposition  that  the 
manufacture  was  to  be  sustained 
only  five  years.  The  information 
which  the  gentleman  alluded  to, 
would  be  shown  yearly,  in  the  re- 
port of  the  secretary  of  the  trea- 
sury. 

Mr.  M'Lane  opposed  the  motion 
to  amend.  The  object  of  this  bill 
was  to  extend  the  benefit  of  draw. 


108 


ANNUAL  REGISTER,  1827-8-9. 


back"*to  sugar,  in  whatever  form 
it  may  be  exported.  It  was  no  ex- 
tension  of  the  principles  of  draw- 
backs.  The  object  is  to  en- 
courage navigation  and  manufac- 
ture, But  the  amendment  propo- 
sed,  would  send  the  manufacturer 
abroad,  burthened  as  he  is  now 
burthened.  He  should  be  equally 
favourable  to  the  bill,  whether  the 
production  of  domestic  sugar  should 
be  equal,  or  not,  to  our  consumption 
ttnd  manufacture. 

Mr.  Benton  reiterated  his  objec- 
tions to  the  bill.  The  supply  of 
the  whole  twenty-four  states  of  the 
Union,  was  already  secured  to  our 
refiners ;  and  yet  we  were  told  that, 
unless  they  can  be  sent  abroad,  to 
supply  foreign  nations,  at  our  ex- 
pense,  their  business  will  decline. 
He  thought  that,  if  we  did  this,  we 
should,  at  least,  permit  foreign  re- 
finers to  come  here.  As  to  the  ob- 
jection, that  domestic  sugar  was 
too  dry  for  refining — he  said  that 
the  atmosphere  and  fire  would,  if 
applied  to  domestic  sugar,  have 
the  same  effect  upon  it,  which  it 
has  upon  foreign  sugar.  By  put- 
ting a  duty  of  twelve  cents  on  re- 
fined sugar,  we  had  given  the  ex- 
clusive supply  of  the  home  market 
to  our  refiners.  But,  not  satisfied 
with  this,  they  asked  for  five  cents 
a  pound  on  their  manufacture,  as 
a  bounty,  to  be  taken  out  of  the 
pockets  of  the  American  people. 
It  was  the  boldest  application  ever 
presented  to  congress. 


Mr.  Woodbury  said,  that  if  he 
agreed  with  the  gentleman  from 
Missouri,  as  to  the  origin  and  poli- 
cy of  our  drawback  on  refined 
sugars,  he  might  not  disagree  much 
from  his  conclusions.  But  the  first 
statute  on  this  subject,  in  A.  D. 
1794,  was  not  passed  because  we 
had  no  sugar  of  domestic  growth 
to  protect;  nor  because  the  reve- 
nue was  safe  from  frauds,  by  its 
not  being  used  in  the  manufacto- 
ries. There  may  have  been  no 
sugar  then  raised  in  the  United 
States,  nor  any  danger  of  its  ob- 
taining the  drawback  ;  yet  the  sta- 
tute was  passed  from  other  reasons, 
of  more  general  importance,  and 
which  had  not  since  been  impaired, 
by  our  extended  cultivation  of  the 
cane.  A  little  attention  to  those 
reasons,  would  free  the  present  bill 
from  numerous  objections  urged 
against  its  passage. 

The  paramount  reason  doubtless 
was,  that  imposts,  as  revenue,  were 
intended  to  be  collected  only  on 
such  foreign  imports  as  were  con- 
sumed in  this  country.  They  were 
meant  as  a  tax  on  home  consump- 
tion, and  not  on  trade  or  manufac- 
tures :  and  as  the  sugar  used  in 
refineries,  and  re-exported,  was 
not  in  any  sense  consumed  here, 
it  was  proper  to  relieve  it  from  the 
imposts  by  a  drawback. 

Another  reason  was,  the  encou- 
ragement of  those  employed  in 
the  manufactory  of  refined  sugar. 
The  drawback  enabled  them  to 


TONNAGE  BILL. 


10V» 


send  their  labours  abroad,  on  the 
same  terms  with  other  manufactu- 
rers in  foreign  countries.  Where- 
as if  the  raw  material  was  subject- 
ed to  a  large  tax,  they  could  not 
compete,  in  markets  abroad,  with 
Europeans,  who,  by  their  universal 
system  of  drawbacks  in  such  cases, 
could  afford  the  article  at  a  lower 
price- 

Another  consideration,  not  least 
in  magnitude,  was,  undoubtedly, 
the  encouragement  thus  given  to 
our  carrying  trade  and  navigation. 
Considerable  quantities  of  an  arti- 
cle were  thus  imported  and  export- 
ed, which,  without  the  drawback, 
must  find  its  final  market  or  place 
of  consumption  through  other  chan- 
nels, and  not  in  American  vessels. 

The  amendment  was  then  re- 
jected— ayes  16,  nays  22  ;  and  the 
senate  adjourned. 

Dec.  31st. — The  debate  was 
renewed. 

Mr.  Dickerson  said,  that  he  had 
satisfied  himself,  that  a  drawback 
of  5  cents,  was  more  than  equiva- 
lent to  the  duty  ;  and  he  was  un- 
willing to  extend  the  drawback  to 
articles,  which  might  be  made  from 
materials  of  domestic  production. 

Mr.  Chandler  offered  as  an 
amendment,  that  the  law  should 
expire,  when  the  exports  of  sugar 
should  be  equal  to  the  imports ; 
which  was  agreed  to. 

The  question  was  then  taken  on 
the  bill,  which  was  ordered  to  be 
engrossed — ayes  22,  nays  15  ;  and 
it  became  a  law. 


A  tonnage  bill,  introduced  in 
the  house,  more  directly  affect- 
ing the  navigating  interest,  met 
with  a  less  favourable  reception. 
This  bill,  which  proposed  to  repeal 
the  tonnage  duties  upon  American 
vessels,  and  all  vessels  placed  by 
treaty  on  the  same  footing,  was 
taken  up  in  the  house,  February  4th. 

Mr.  Gilmer  opposed  the  engross- 
ment of  the  bill.  He  contended, 
that  the  tonage  duty  was  so  light ; 
that  the  whole  amount  proposed  to 
be  repealed  by  this  bill,  was  only 
one  hundred  thousand  dollars.  He 
thought  it  unjust  that  the  naviga- 
ting interest  should  complain  of  a 
burden  so  light,  when  at  the  very 
last  session,  925,000  dollars  was 
appropriated  for  light  houses,  buoys, 
harbours,  &c. ;  and  the  govern- 
ment had  taken  in  hand  a  work  for 
the  benefit  of  this  interest,  which 
fifty  years  of  tonnage  duties  would 
scarcely  repay.  He  wished  the 
public  debt  to  be  paid  off,  before 
any  of  these  burdens  were  re- 
moved. 

Mr.  Sprague  made  some  obser- 
vations in  reply.  He  did  not  say, 
that  this  was  a  very  heavy  duty  ; 
but,  if  unnecessary,  it  ought  to  be 
removed.  He  showed  that  the  coast- 
ing  trade  was  embarrassed  by  this 
duty  ;  and  it  was  rendered  onerous 
by  the  delays,  inconveniencies, 
andjembarrassments,  which  it  cau- 
sed. He  explained  that  the  duty 
was  onerous,  not  on  the  navigating 
interest  only  ;  but  on  all  persons 
who  were  concerned  in  the  trans- 


ANNUAL  REGISTER,  1827-6-9. 


portation  of  merchandise.  These 
duties  are  paid  into  the  public 
treasury.  The  documents  show, 
that  they  reacli  the  treasury.  The 
law  imposing  fifty  cents  per  ton 
for  light  money,  on  foreign  vessels, 
is  not  touched  by  this  law.  He 
resisted  the  argument,  that  because 
there  had  been  great  sums  paid 
out  for  the  protection  of  this  inte- 
rest, its  burden  should  be  relieved 
and  thought  that  all  the  revenue 
required  could  be  raised  in  modes 
more  agreeable  to  the  public  inte- 
rest, than  by  taxing  our  ships. 

He  showed  that  commerce  and 
agriculture  generally,  had  been  as 
much  benefited  by  appropriations 
for  light-houses,  buoys,  and  har- 
bours, as  the  navigating  interest. 
The  cotton  grower  of  the  south 
had  his  share  of  the  benefits.  If 
there  were  not  these  securities, 
the  freight  would  be  proportionably 
enhanced.  If  an  account  current 
is  to  be  kept  of  expenditures,  let 
the  portion  expended  for  the  benefit 
of  each  interest,  be  charged  to  that 
interest.  If  so,  the  commercial 
and  navigating  interest,  must  be 
greatly  the  gainer  by  this  prac- 
tice. 

As  to  the  statement,  that  the 
navigation  interest  was  the  most 
lightly  taxed,  he  repelled  it,  by 
showing  that  not  only  did  the  ship 
pay  a  heavy  duty  for  the  materials 
of  which  she  is  built  and  equipped  ; 
but  the  labourers  employed,  bear 
a  greater  share  of  taxation  than 
Insurers  of  any  other  class.  He 


showed,  that  the  duty  on  the  mate, 
rials  of  a  large  ship  had  increased 
to  six  times  what  it  was  in  1790  : 
and  this  increase  was  for  the  bene- 
fit of  agriculture  and  manufactures. 

The  navigating  interest  had  been 
weighed  down,  for  the  benefit  of 
other  branches  of  domestic  in- 
dustry. 

The  gentleman  wished  to  pay 
the  public  debt,  before  he  took  off 
any  burdens.  He  informed  the 
gentleman,  that  this  debt  would  be 
paid  as  fast  as  it  is  redeemable ; 
and  read,  from  the  report  of  the 
secretary  of  the  treasury,  a  state, 
ment,  that  twelve  millions  might  be 
appropriated  for  the  payment  of 
the  debt.  He  showed  that,  in  1833, 
there  would  be  a  surplus  of  six 
millions  ;  and,  in  1834,  seven  mil- 
lions ;  and,  in  1835,  seven  millions 
more  than  can  be  applied  to  the 
debt ;  because  the  whole  of  the 
debt  is  not  redeemable  until  1835. 
The  argument,  therefore,  that  we 
should  keep  on  this  100,000  dollars 
a  year,  upon  the  navigating  inte- 
*rest,  to  enable  us  to  pay  the  debt, 
can  have  no  weight ;  as  the  na- 
tional treasury  will  supply  means 
for  its  extinguishment  much  faster 
than  it  can  be  applied. 

Mr.  Gilmer  replied  to  the  ob- 
servations  of  Mr.  Sprague.  He 
enforced  what  he  had  before  said, 
on  the  subject  of  the  easy  collec- 
tion of  the  duty.  The  officers  em- 
ployed in  it  would  be  continued, 
whether  the  duty  were  continued 
or  not;  therefore,  the  repeal  of  the 


TONNAGE  BILL. 


Ill 


duties  would  not  take  any  burdens 
from  the  people  in  that  respect. 
The  main  thing  to  be  regarded  in 
taxation,  is  to  impose  equal  bur- 
dens,  and  such  imposts  as  can  be 
collected  most  easily.  He  reitera- 
ted  what  he  had  betbre  advanced, 
as  to  the  disproportion  which  this 
tonnage  duty  bears,  to  the  great 
expenditures  made  for  the  benefit 
of  the  navigation  interest.  His 
proposition  was,  that  it  was  an 
unreasonable  demand  of  this  in- 
terest, to  be  relieved  from  all  taxes, 
when  so  large  an  amount  was  ex- 
pended  for  its  benefit.  He  denied 
that  he  had  said,  that  no  other  in- 
terest was  benefited  by  the  ex- 
penditures for  light  b  ys 
and  harbours.  He  had  merely 
said,  that  these  expenditur  s  were 
made  for  the  advantage  of  the 
navigating  interest.  He  knew,  at 
the  same  time,  that,  when  you  be- 
nefit  any  particular  interest,  all  the 
other  interests,  more  or  less,  partici- 
pate in  the  advantage.  Another  of 
his  propositions,  which  he  said  had 
not  been  answered,  was,  that  the 
navigation  interest  paid  a  lighter 
duty  in  proportion  to  the  amount 
of  capital  taxed,  than  any  other  in- 
terest. 

He  replied  to  the  statements  par- 
ticularizing  the  articles  on  which 
the  ship  builder  has  to  pay  duties. 
He  admitted,  that  these  articles 
were  taxed,  but  it  was  not  a  direct 
tax  on  the  ship  builder  ;  it  was  no 


other  kind  of  tax,  than  that  which 
every  interest  paid. 

A  motion  was  then  made  to  lay 
the  bill  on  the  table,  which  was 
negatived — 82  ayes,  92  nays. 

Mr.  Reed  contended,  that  this 
tax  is  the  most  unequal  of  any 
which  is  imposed.  That  vessels 
were  liable  to  this  tax,  on  every 
change  of  owner.  Since  the  es- 
tablishment of  discrimination  duties, 
the  ownership  of  vessels  had  been 
transferred  from  the  capitalists  to 
the  mechanics,  who  have  built  the 
vessels  in  partnership.  In  1818,  it 
was  a  favourite  measure  with  the 
south,  to  repeal  the  discriminating 
duties  ;  and  he  had  voted  with  the 
south  on  that  occasion,  although 
Massachusetts,  including  Maine, 
owned  so  large  a  portion  of  the 
shipping.  He  informed  the  house, 
that  Great  Britain,  who  taxed  every 
thing,  had  left  her  ships  free  from 
tonnage  duties.  The  question  on 
the  engrossment  of  the  bill  was 
carried — 94  ayes,  78  nays.  The 
next  day,  the  discussion  was  re- 
sumed, and  a  motion  was  made  to 
recommit  the  bill,  with  the  view  of 
repealing  the  duties  on  salt  and 
molasses. 

Mr.  Martin  then  made  some 
observations  on  the  motion.  He 
considered  the  frequent  refusals,  to 
consider  a  proposition  to  repeal  the 
duty  on  salt,  as  emanating  from  the 
fact,  that  a  few  large  states  are  in- 
terested  in  keeping  up  this  duty. 


112 


ANNUAL  REGISTER,  1827-8-9. 


He  moved  to  postpone  the  further 
consideration  of  the  bill,  until  Mon- 
day next. 

Mr.  Gorham  then  expressed  his 
belief,  that  the  owner  of  a  ship  would 
derive  no  more  advantage  from  this 
repeal  of  duties,  than  every  other 
man  in  the  community.  He  objected 
to  the  engrafting  upon  the  bill  a 
number  of  propositions  concerning 
subjects  of  domestic  industry.  The 
present  tax  on  shipping,  which  the 
bill  proposes  to  repeal,  is  light,  and 
is  troublesome  and  vexatious  in  the 
mode  of  collection.  He  referred 
to  the  statistical  tables,  to  show  that 
while  our  population  had  increased, 
our  navigating  interest  had  not 
kept  pace  with  it ;  but  that  it  was 
rather  on  the  decline,  thus  afford, 
ing  proof  that  it  was  operated  upon 
by  some  burdens.  He  thought 
gentlemen  did  not  take  a  correct 
view  of  the  question.  While  Great 
Britain  was  encompassing  the  globe 
with  her  commercial  connexions, 
we  embarrass  even  an  inconsi- 
derable proportion,  to  relieve  the 
shipping  interest,  in  the  manner 
now  proposed.  He  suggested,  that 
he  might  be  inclined  to  go  with 
gentlemen  in  their  propositions,  at 
a  proper  time,  and  in  proper  form  ; 
but  it  must  be  evident,  that  if  the 
spirit  now  manifested  should  be 
successful  in  embarrassing  and 
defeating  this  bill,  the  whole  of 
New-England  must  be  against  them. 
He  referred  to  the  policy  which  had 
been  pursued,  in  abolishing  all  dis- 
crimination  between  American  and 


foreign  bottoms;  and  after  thus 
opening  the  way  for  foreign  navi- 
gation, we  impose  burdens  on  our 
own.  He  reminded  the  house  of 
the  manner,  in  which  propositions 
were  introduced  to  amend  the  taring 
and  the  spirit  of  conversation  which 
exhibited  itself  on  that  occasion. 
His  own  course,  and  that  of  the 
gentleman  from  Maine,  had  been 
the  same  and  uniform,  in  considering; 
every  proposition  distinctly.  He 
hoped  gentlemen  would  withdraw 
the  motions  to  amend,  which  could 
not  be  supported  by  those  who 
were  the  advocates  of  the  bill. 

Mr.  Hamilton  said,  he  did  not 
mean  to  be  betrayed  by  his  own 
feelings,  under  a  sense  of  the  wrong 
which  his  constituents  had  suffered 
from  the  tariff,  into  a  premature 
discussion  of  that  question. 

He  expressed  his  belief,  that  the 
tariff  was  fastened  on  the  country, 
under  the  public  excitement,  which 
was  produced  by  the  question  as  to 
who  should  be  the  next  President. 
He  was  not  about  to  vote  for  a  re- 
duction of  the  duties  on  the  articles 
proposed,  while  the  great  staples  of 
the  country  were  left  untouched. 
He  intended  to  move  to  add, "  and 
all  cotton  and  woollen  goods,  and 
articles  manufactured  from  iron." 

Mr.  Sergeant  reminded  gentle- 
men  that  it  had  been  too  much  the 
practice  to  throw  articles  into  the 
mass,  in  imposing  duties  :  and  it 
was  now  proposed  to  throw  articles 
equally  into  the  mass,  in  taking 
them  off.  In  consequence  of  this 


TONNAGE  DUTY. 


113 


practice,  he  had  been  compelled  to 
vote  for  duties  on  many  articles  in 
the  tariff,  which  he  did  not  desire  to 
vote  for.  He  objected,  to  the  em- 
barrassment  of  the  simple  provision 
in  this  bill,  by  such  extraneous  pro- 
positions. He  was  ready  to  consi- 
der  and  discuss  the  proposed  re- 
ductions in  detail;  but  he  did  not 
wish,  to  see  them  brought  before 
the  house  in  the  present  mode. 
He  showed,  that  this  tax  operates 
on  _the  grower,  who  has  primarily 
to  pay  the  duty.  Whatever  is  add- 
ed  to  the  burdens  of  the  vessel 
owners,  is  added  to  the  cost  of  the 
freight,  and  must  be  paid  by  the 
person  who  has  to  transport  it;  He 
denied,  that  there  was  any  thing 
sectional  in  the  operation  of  this 
bill.  Its  effects  would  be  general, 
throughout  the  Union.  He  was  not 
ready  to  act  upon  the  various  pro- 
positions contained  in  the  motions 
to  amend,  with  the  exception  of  the 
duty  on  tea,  which  was  now  before 
the  house  in  a  distinct  form. 

Mr.  P*  P.  Barbour  said,  if 
this  bill  was  to  operate  on  those, 
who  were  concerned  in  the  trans, 
portation  of  produce ;  it  should  be 
left  to  the  producers  to  determine, 
how  they  might  best  be  relieved. 
He  reminded  the  house,  that  if  the 
shipping  interest  had  suffered, 
which  he  admitted  ;  that  suffering 
was  to  be  attributed  to  the  changes, 
which  had  taken  place  in  the  poli- 
tical and  commercial  relations  of 
the  world,  and  not  to  the  operation 
VOL.  III. 


of  the  tonnage  duty.  When  the  ta~ 
riff  law  was  first  passed,  the  duty  oh 
salt  was  6  cents  :  it  was  afterwards 
increased  to  20.  In  1807  it  was 
repealed.  It  was  true,  that  it  was 
imposed  again  in  1813  ;  but  it  was 
only  as  a  war  tax.  If  there  be  a 
tax  which  ought  to  be  repealed,  it  is 
this.  He  stated,  that  in  the  non- 
slave-holding  states,  every  man, 
even  the  poorest,  pays  as  heavy 
duty  on  his  salt  as  the  wealthiest. 
It  was  not  sound  policy,  when  all 
interests  are  complaining,  to  relieve 
but  an  inconsiderable  portion,  and 
to  leave  the  others  unrelieved.  The 
subject  involves  too  many  rami- 
fying interests,  to  be  discussed  at 
this  time.  He  moved  to  lay  the 
bill  on  the  table,  and  asked  the  ayes 
and  noes,  which  were  ordered. 

The  question  was  then  put,  and 
the  house  being  equally  divided,  92 
ayes,  92  nays  ;  the  speaker  gave 
the  casting  vote,  in  favour  of  laying 
the  bill  on  the  table. 

On  the  26th  of  February,  Mr. 
Sprague  again  moved  the  conside- 
ration of  the  bill,  and  the  motion 
was  carried — 88  ayes,  67  nays. 

Mr.  Cambreleng  expressed  his 
regret,  that  when  the  bill  was  for- 
merly up,  the  debate  took  a  tariff 
direction.  He  assured  gentlemen 
who  had  given  it  that  direction,  that 
it  had  no  connexion  with  the  tariff. 
He  stated  that  the  tonnage  duty 
did  not  exceed  $100,000  ;  and  the 
weight  of  it  fell  on  Ohio,  Alabama, 
Louisiana,  &c.  He  regretted  any 

15 


\VMAL  REGISTER, 


movement  upon  this  bill,  on  tariff 
ground.  He  went  with  the  gentle- 
men  of  the  south,  in  their  objections 
to  the  present  tariff,  which  he  deem- 
ed a  bad  one  ;  but  it  had  nothing 
to  do  with  this  question.  This  will 
relieve  Georgia  and  Florida  from 
an  oppressive  tax.  He  wished  to 
defer  every  question  concerning  the 
tariff,  until  the  next  session,  when 
he  hoped  the  present  tariff  would 
be  revised,  and  so  corrected,  as  to 
prevent  any  further  applications  for 
tariffs,  for  twenty  years  to  come. 

Mr.  Mallary  said  that,  althougk 
in  favour  of  the  tariff,  he  thought 
he  could  give  a  vote,  consistently, 
in  favour  of  this  bill,  the  main  ob- 
ject of  which  is  to  relieve  the  na- 
vigating interest  by  the  way  of  re- 
gulation. He  was  for  protecting 
ship  building  in  the  United  States. 
As  to  the  tariff,  which  is  to  be 
brought  into  every  discussion,  it  is 
a  settled  question.  No  administra- 
tion,  be  it  composed  of  what  men 
it  may,  dare  disturb  it. 

Mr.  Sprague  moved  the  pre- 
vious question — Ayes  71,  noes  50. 
The  house,  then  ordered  the 
question  to  be  now  put — ayes  98, 
nays  74  ;  and  the  bill  was  passed, 
ayes  101,  nays  75,  and  sent  to  the 
senate,  for  concurrence. 

In  that  body,  the  following  pro- 
ceeding took  place.  On  the  second 
of  March,  the  last  day,  when,  by 
the  rules  of  that  body,  any  bill  could 
be  discussed,  Mr.  Woodbury  moved, 
that  the  bill  to  repeal  the  duties  on 


tonnage,  be  taken  up.     As  the  bill 
had  passed  the  other  house,  and  had 
been  reported  by  the    committee 
without  amendment,  he  felt  it  to  be 
his  duty  to  move  its  consideration. 
No  further  time  would  be  occupied 
by  it,  than  the  reading  of  the  report. 
Mr.  Tazewell  said,  if  the  bill  was 
to  be  taken  up,  without  any  other 
reason  than  that  which  had  been 
given;  every  gentleman  would  move 
the    consideration    of   the  bill  in 
which  he  felt  most  interest,  without 
reference  to  the  orders.     This  be- 
ing the  case,  he  would  mention  that 
there  was  a  bill,  and  a  very  long 
bill,  more  interesting  to  the  public, 
than  any  other.    He  meant  the  bill, 
for  taking  the  next  census.     That 
bill  had  no  friend,  because  every 
one  had  an  equal  interest  in  it. — 
Another  thing  he  would  say  :  if  the 
tonnage  bill  was  taken  up,  no  other 
business  would  be  done  this  session. 
If  the  gentleman  from  New-Hamp- 
shire would  not   discuss  it,  those 
who  were  opposed  to  it,  would.    He 
threw  out  some  suggestions  in  re- 
gard to  the  question  which  the  bill 
presented,  and  which  would  create 
much  discussion. 

Mr.  Woodbury  replied,  and  sup- 
ported the  motion.  He  did  not  ap- 
prehend a  long  discussion  of  the 
bill.  The  Cumberland  road  bill, 
was  passed  here,  in  half  an  hour, 
although  in  the  house,  it  had  been 
discussed  for  weeks.  He  admitted 
that  the  census  bill  was  highly  im- 
portant ;  and  it  could  not,  he  said, 


PANAMA  MISSION. 


110 


be  reached,  unless  it  was  taken  up 
out  of  its  order.  There  were  many 
interesting  bills  on  the  orders 
which,  like  the  tonnage  bill,  must 
be  4aken  up,  out  of  their  order,  if 
taken  up  at  all. 

Mr.  Hayne  spoke  against  the 
motion.  If  the  tonnage  bill  were 
forced  up  out  of  its  order,  no  other 
business  would  be  transacted  to- 
night. 

Mr.  Smith,  of  South-Carolina, 
spoke  against  the  motion.  By  the 
rules  of  the  house,  he  had  a  right 
to  speak  as  long  as  he  pleased,  on 
any  question,  and  he  pledged  him- 
self that  he  would,  as  long  as  his 
physical  powers  held  out,  speak  in 
opposition  to  the  bill,  if  it  should  be 
taken  up.  Mr.  Smith  proceeded 
to  comment  on  the  present  laws,  re- 
lative to  the  navigation  of  the  coun- 
try, the  tariff,  &c.  He  would  agree 
to  postpone  the  orders,  for  the  pur- 
pose of  considering  the  census  bill, 
but  no  other. 

The  question  being  taken,  it  was 
decided  in  the  negative  ;  ayes  16, 
nays  23,  and  the  bill  was  lost. 

On  the  last  day  of  the  session, 
the  President  transmitted  the  fol- 
lowing message  to  congress. 
To  the  Senate  and  House  of  Repre. 

sentatives  of  the  United  States  of 

America. 

Washington,  3d  March,  1829. 

I  transmit  herewith,  to  congress, 
a  copy  of  the  instructions  prepared 
by  the  secretary  of  state,  and  fur- 
nished to  the  minister  of  the  United 


States  appointed  to  attend  at  the  as- 
sembly  of  American  plenipoten- 
tiaries, first  held  at  Panama,  and 
thence  transferred  to  Tacubaya. 
The  occasion  for  which  they  were 
given,  has  passed  away,  and  there 
is  no  present  probability  of  the  re- 
newal of  those  negotiations  ;  but 
the  purpose  for  which  they  were  in- 
tended, are  still  of  the  deepest  in- 
terest to  our  country,  and  to  the 
world,  and  may  hereafter  call  again 
for  the  active  energies  of  the  go- 
vernment of  the  United  States. — 
The  motive  for  withholding  them 
from  general  publication  having 
ceased,  justice  to  the  government 
from  which  they  emanated,  and  to 
the  people  for  whose  benefit  it  was 
instituted,  require  that  they  should 
be  made  known.  With  this  view, 
and  from  the  consideration  that  the 
subjects  embraced  by  those  instruc- 
tions, must  probably  engage  here- 
after,  the  consideration  of  our  suc- 
cessors, I  deem  it  proper,  to  make 
this  communication  to  both  houses 
of  congress.  One  copy  only  of 
the  instructions  being  prepared,  I 
send  it  to  the  senate,  requesting  that 
it  may  be  transmitted  also  to  the 
house  of  representatives. 

JOHN  QUINCY  ADAMS. 

Mr.  Tazewell  said,  before  a  word 
more  of  these  papers  was  read,  he 
moved  that  they  be  referred  to  the 
committee  of  foreign  relations : 
agreed  to. 

Mr.  Chambers  moved  that  they 
be  printed  for  the  use  of  the  senate. 

After  an  animated  discussion,  in 


116 


\N\UAL  REGISTER,  1825-S-l*. 


which  the  merits  of  the  mission 
were  freely  canvassed,  the  motion 
to  print  was  negatived — ayes  16, 
nays  24 ;  and  then  on  motion  of  Mr. 
Tazewell,  the  message,  and  the  ac- 
companying documents  were  trans- 
ferred to  the  executive  or  secret 
journal  of  the  senate,  by  a  vote  of 
25  ayes,  16  nays.  This  attempt  to 
suppress  this  document,  did  not 
prove  successful.  Public  opinion 
called  for  its  publication  ;  and  af- 
ter keeping  on  the  secret  journal, 
for  a  fortnight,  the  senate,  on  the 
17th  of  March,  by  a  vote  of  22  to 
10,  permitted  it  to  be  published.  It 
will  be  found  in  the  second  part  of 
this  volume. 


The  twentieth  congress  had  ter- 
minated  its  session  on  the  third  of 
March ;  but  the  senate  had  been 
convened  by  Mr.  Adams,  with  the 
view  of  enabling  his  successor  to 
fill,  without  delay,  the  vacancies 
caused  by  the  resignation  of  the 
members  of  his  cabinet,  and  such 
others,  as  he  might  think  it  expedi- 
ent to  make,  by  removing  the  in- 
cumbents. 

The  proceedings  of  the  next  ad- 
ministration, fall  more  naturally 
within  the  limits  of  the  next  volume ; 
and  for  that,  we  shall  reserve  its 
historv 


CHAPTER  VI. 


Treasury  Report  for  1827. — State  of  Finances — Report  of  Finance  Com- 
mittee— Expenses  of  Congress — Pensions — Appropriations  for  1828 — - 
Expenses  of  Government — Naval  service — Discussion  on  bill — Hos- 
pital fund — Slave  trade — Fortifications — Light-houses,  <5fc. — Internal 
improvement — Discussion  on  do — Military  service — Indian  department 
— Public  buildings — Treasury  report  for  1828 — State  of  finances — Ap- 
propriations for  1829 — Congress — Executive  government — Pensions — 
Naval  service — Fortifications — Light- Jiouses,  fyc. — Internal  improve- 
ment— Military  service — Indian  department — Public  buildings. 


PURSUANT  to  .  the  act  of  May 
10th,  1800,  the  secretary  of  the 
treasury,  (Mr.  Rush,)  on  the  8th 
of  December,  1827,  transmitted  to 
congress  his  annual  report  on  the 
state  of  the  public  finances. 

This  report  showed  a  balance  in 
the  treasury,  on  the  first  of  Janua- 
ry, 1827,  of  $6,358,686,  being 
$1,157,036  more  than  the  balance 
of  the  preceding  year,  though  fall- 
ing $66,852  short  of  the  balance 
estimated  in  the  last  annual  report. 
The  actual  receipts  into  the  trea- 
sury, during  the  first  three  quar- 
ters of  the  year  1827,  were  esti- 
mated at  $17,488,810 
Viz.  customs,  15,142,893 
Public  lands,  1,212,011 
Dividends  from  the  U. 

S.  Bank.  420,000 


Arrears  of  internal  du. 
'ties,  direct  taxes,  and 
incidentalreceipts, 

Repayments  of  advan- 
ces made  in  war  de- 
partment prior  to 
1815, 

Estimated  receipts  du- 
ring the  fourth  quar- 
ter, 


681,561 


32,345 


5,117,480 


Total  receipts,  22,606,290 

Expenditures  during  the 
first  three  quarters  of 
the  year  1827,  were 
estimated  at  17,895,390 

Viz.  civil,  diplomatic, 

and  miscellaneous,  2,013,521 

Military  service,  inclu- 
ding pensions,  fortifi. 
cations,  averages,  In- 
dian department,  <fec.  4,750,271 


1153 


ANNUAL  REGISTER,  1827-8-9. 


Naval     service,    build- 

ing,  &c.  3,458,576 

Principal  of  public  debt,  5,007,303 
Interest  of  do.  2,665,720 

Estimated  expenditures 

during     the      fourth 

quarter,  4,800,000 

Civil,  diplomatic,  and 

miscellaneous,  672,243 

Military  service,  &c.  900,000 
Naval  service,  &c.  875,000 

Principal  of  public  debt,  1,500,164 
Interest  of  do.  852,593 


Total  expenditure  for 

1827,  $22,695,390 

And  leaving  an  estimated  balance 
in  the  treasury  on  the  first  of  Ja- 
nuary, 1828,  of  $6,269,585.  Of 
this  balance  $3,980,000  consist- 
ed of  unapplied  appropriations; 
$1,000,000  of  unavoidable  funds  ; 
$817,880  balance  of  the  moneys 
received  under  the  treaty  of  Ghent. 

The  receipts  for  the  year  1828, 
were  estimated  at  $22,300,000  : 
viz.  Customs,  $20,372,700 

Public  lands,  1,400,000 

Bank  dividends,  420,000 

Other  sources,  107,300 


The  expenditures  at  $19,947,125, 

viz.  Civil,  miscellane- 
ous, and  diplomatic,  $1,828,385 

Military  service,  &c.       4,332,091 

Naval  service,  build- 
ing, &c.  3,786,649 

Public  debt,  10.000,000 


Leaving  an  excess  of  receipts 
over  the  expenditures,  of 

$2,352,874. 

The  gross  amount  of  duties 
accruing  during  the  first  three 
quarters  for  the  year  1827,  was  es- 
timated at  $21,226,000 ;  during 
the  fourth  quarter  estimated  at 
$5,774,000. 

The  debentures  for  drawbacks 
issued  during  the  first  three  quar- 
ters, amounted  to  $3,381,942. 

The  amount  outstanding  on  the 
30th  of  September,  was  $2,516,966. 
of  which  $1,245,057  were  charge- 
able on  the  revenue  of  1828. 

The  total  amount  of  the  public 
debt,  on  the  1st  of  October,  1827, 
was  $68,913,541 

Consisting  of  the  same  stocks 
that  are  enumerated  at  page  131 
of  the  Annual  Register,  for  1826-7; 
with  the  exception  of  the  loan  of 
1818,  redeemable  in  1826.  This 
item  was  reduced  from  the  amount 
of  $11,254,197 

By  the  payment  from  the  sink- 
ing fund  to  the  amount  of 

$4,244,587 

A  further  payment  was  to  be 
made  during  the  year,  which  would 
reduce  the  debt,  on  the  1st  of 
January,  1828,  to  $67,413,378. 

Of  the  debt,  as  it  stood  at  the 
date  of  the  report,  $49,001,215 
were  owned  in  the  United  States, 
and  $19,912,326  by  foreigners. 

The  Secretary,  after  furnishing 


APPROPRIATIONS  FOR  1828. 


119 


the  above  statements  concerning 
the  public  finances,  went  into  an 
examination  of  the  state  of  the 
commerce  and  manufactures  of  the 
country,  during  the  year  1827. 
The  importations  amounted  to 
$81,000,000.  The  exportation 
to  880,000,000.  He  then  pro- 
ceeded  to  examine  the  capacity  of 
the  United  States,  to  manufacture 
many  of  those  articles  of  consump- 
tion, usually  imported  from  Europe ; 
stated  the  probable  effects  of  en- 
couragement of  domestic  manu- 
factures, upon  commerce  and  agri- 
culture; and  decidedly  recommend- 
ed such  an  alteration  in  the  revenue 
system,  as  would  afford  a  decided 
advantage  to  the  American  manu- 
facturer ;  inculcated  the  necessity 
of  prosecuting  the  plans  of  internal 
improvement  ;  and  suggested  the 
propriety  of  establishing  a  ware- 
house system,  and  an  extension  of 
the  time  for  the  allowance  of  draw- 
backs, with  the  view  of  securing 
the  carrying  trade  between  Europe 
and  South  America.  A  diminution 
of  the  duties  on  teas  and  wine,  was 
also  recommended. 

The  reasoning  of  this  report, 
and  the  conclusions  to  which  the 
secretary  arrived,  were  afterwards 
criticised,  and  a  refutation  at- 
tempted, in  a  report  from  the  com- 
mittee of  ways  and  means,  which 
was  submitted  to  the  house  on  the 
12th  of  March  1828,  by  the  chair- 
man, (Mr.  McDuffie.)  The  cir- 
cumstances  under  which  this  re- 


port was  made,  are  detailed  in 
Chap.  3.  of  this  volume,  page 
55  A  large  number  of  both  re- 
ports were  printed  by  the  order  of 
the  house,  and  they  were  exten- 
sively circulated  throughout  the 
country,  as  containing  the  princi- 
pal arguments,  both  for,  and  against, 
the  protecting  system. 

On  the  24th  of  December  1827, 
a  bill  was  introduced  into  the  house, 
appropriating  $578,003,  for  the 
expenses  of  congress  ;  which,  of 
course,  became  a  law,  without 
opposition.  $5,000  were  also  ap- 
propriated for  the  augmentation  of 
the  library  of  congress. 

On  the  18th  of  January,  1828, 
the  bills  making  appropriations  for 
the  revolutionary,  and  other  pen- 
sioners,  and  also,  for  the  support 
of  the  government,  reported  on  the 
14th,  were  taken  up  by  the  house  ; 
and  having  been  agreed  to,  with 
some  unimportant  amendments, 
were  sent  to  the  senate  for  con- 
currence. 

In  that  body,  the  former  bill  was 
amended,  on  motion  of  Mr.  Smith, 
of  Maryland,  by  an  addition  to  the 
appropriation  of  $564,000,  that  be- 
ing the  sum  remaining  unexpended, 
of  former  appropriations  for  the 
same  objects.  This  amount,  the 
department  thought  it  had  a  right, 
in  conformity  with  usage,  to  appro- 
priate to  the  service  of  the  current 
year ;  but  Mr.  Smith  thought  the 
practice  illegal,  and  that  much  of 
the  sum  unexpended  would  yet  be 


120 


ANNUAL  REGISTER,  1827-8-9. 


claimed.  The  senate  at  first 
adopted  the  amendment ;  but  the 
house  refusing  to  agree  to  it,  the 
senate  receded,  arid  passed  the  bill 
as  it  originally  came  from  the 
house. 

By  thisact,  the  sum  of  $1,101,095 
was  appropriated  for  the  payment 
of  the  revolutionary,  and  other 
pensioners,  for  1828.  An  act  was 
subsequently  introduced,  appropri- 
ating the  sum  of  $278,000  for  the 
payment  of  those  pensions,  for  the 
first  quarter  of  1829. 

The  act  for  the  support  of  the 
government  was  also  amended  in 
the  senate,  by  striking  out  some 
trifling  appropriations  for  light 
boat  and  buoys,  which  were  con- 
curred in  by  the  house. 

By  this  bill  the  following  appro- 
priations were  made,  viz.  expenses 
of  executive  department,  including 
salaries  of  Vice  President,  all 
the  deputies  at  Washington,  and 
of  the  territorial  governments, 

$655,055 

Of  judicial  department  245,400 
For  diplomatic  intercourse,  149,000 
For  light  houses,  beacons,  &c. 

178,539 

For  pensions  2,050 

For  miscellaneous  expenses,  35,600 

A  subsequent  appropriation  of 
$2,200  was  made,  for  the  distribu- 
tion of  the  7th  volume  of  the  laws. 

The  bill  making  appropriations 
for  the  naval  service  for  1828,  was 
first  taken  up  on  the  12th  of  Feb. 
niary. 


On  the  clause  appropriating 
$185,032  for  pay,  subsistence,  &c. 
of  officers  and  men  at  navy  yards, 
hospitals,  shore  stations,  and  in 
ordinary,  being  read,  Mr.  Hoffman, 
the  chairman  of  the  naval  commit, 
tee,  inquired  if  the  estimates  of  the 
present  year,  were  the  same  as 
those  for  former  years. 

Mr.  McDuffie  said,  there  was 
an  increase  of  $20,000,  in  conse- 
quence of  an  increase  in  the  num- 
ber of  officers. 

Mr.  Hoffman  said,  the  increase 
was.  on  account  of  that  class  of 
officers,  who  were  waiting  orders. 
The  number  of  officers  exceeds 
that,  for  which  appropriations  are 
made.  There  are  32  captains, 
although  appropriations  are  made 
for  only  27,  and  nine  of  these  are 
waiting  orders.  It  is  proposed  that 
there  should  be  7  masters,  waiting 
orders.  Ill  lieutenants,  12  sur- 
geons, 11  surgeons'  mates,  4  to  8 
pursers,  85  midshipmen.  This 
occasions  an  increase  of  5  captains, 
5  masters,  56  lieutenants,  17  sur- 
geons,  14  surgeons'  mates,  6  pur- 
sers, 3  chaplains,  156  midshipmen. 
Mr.  Whipple  inquired  if  the  num- 
ber of  officers  was  regulated  by 
law,  or  if  it  depended  on  the  discre- 
tion of  the  executive. 

Mr.  Hoffman  said,  it  depended 
on  the  appropriations  made.  He 
thought  too  many  were  waiting  or- 
ders, and,  at  present,  he  was  not 
willing  to  increase  the  number  of 
vessels  in  commission,  or  the  num. 


1NAVAL 


121 


faer  oi  officers  not  employed.  One 
sixth  of  the  current  expenses,  was 
caused  by  the  navy ;  and,  believing 
ihat  there  was  no  necessity  for  an 
increase  of  vessels,  he  hoped  that 
the  appropriations  for  that  branch 
of  public  service,  would  be  in  some 
proportion  to  the  necessities  of  the 
times.  The  officers  could  easily 
find  employment,  in  the  commer- 
cial marine. 

Mr.  Taylor  was  glad,  that  his 
colleague  had  called  the  attention 
of  the  house  to  this  subject.  The 
navy  had  fought  itself  into  favour ; 
and  if  it  is  to  preserve  the  favour 
of  the  nation,  it  must  be  by  con- 
gress, exercising  a  judicious  vigi- 
lance, in  relation  to  its  expendi- 
tures. He  hoped,  that  the  naval 
committee,  with  the  view  of  limit- 
ing the  executive  patronage  in  the 
appointment  of  officers,  would,  be- 
fore the  close  of  the  session,  re- 
port a  plan  for  a  naval  peace  esta- 
blishment. 

Mr.  Williams,  of  North  Carolina, 
inquired  if  the  number  of  the  offi- 
cers was  greater,  than  the  necessi- 
ties of  the  service.  If  not,  he  did 
not  see  how  the  appropriation  could 
be  refused. 

Mr.  Hoffman  said,  that  the  esti- 
mate of  the  last  year  gave  a  prac- 
tical illustration,  of  the  number  of 
officers  necessary  for  the  vessels 
now  in  commission.  An  increase 
of  one  fourth  is  proposed,  and  this 
increase  chiefly  among  the  officers 
waiting  orders.  The  numbe'r  now 

VOL.  III. 


contemplated  is  by  uo  means  equal 
to  officer  all  the  vessels,  which 
might  be  conveniently  sent  to  sea ; 
but,  according  to  the  estimates  of 
last  year,  the  present  number  is 
quite  sufficient. 

Mr.  Storrs  said,  that  the  infe- 
rence from  the  estimates  of  last 
year,  was  clearly  out  of  place. 
Every  body  knew,  that  the  expenses 
of  the  naval  service  were  in- 
creased, in  consequence  of  the 
Brazilian  war.  Besides,  the  navy 
is  gradually  increasing,  and  the 
number  of  officers  must  be  in  some 
proportion,  to  the  number  of  ves- 
sels. The  idea  of  employing  offi- 
cers temporarily,  as  had  been  sug- 
gested by  the  chairman  of  the  na- 
val committee,  was  untenable,  and 
the  house  would  never  sanction  it. 

The  pay  of  the  officers  was  too 
small ;  and  he  joined  in  the  hope, 
that  some  plan  would  be  proposed 
for  a  peace  establishment,  by  which 
the  number  of  officers  should  be 
limited,  and  their  pay  placed  on  a 
proper  footing.  If  there  is  any 
looseness  in  the  present  expendi- 
tures, it  is  the  fault  of  congress, 
whose  duty  it  is  to  propose  the 
laws. 

Mr.  Dwight  said,  that  the  law  for 
the  gradual  increase  of  the  navy 
had  rendered  it  necessary  to  in- 
crease the  number  of  officers.  The 
dock-yards,  depots,  &c.  required 
additional  officers.  Are  the  offi- 
cers men  undeserving  of  employ- 
ment ?  No,  they  have  earned  their 
16 


122 


ANNUAL  REGISTER,  1827-8-9, 


right  to  employment  by  their  ser- 
vices. He  hoped  the  bill  would 
pass  without  further  discussion. 

Mr.  M'Duffie  observed,  that  the 
course  which  this  discussion  had 
taken,  proved  the  propriety  of  the 
suggestion  of  an  honourable  mem- 
ber,  (Mr.  Bartlett,)  on  a  former 
day,  that  every  appropriation  for 
the  navy  should  be  first  submitted 
to  the  naval  committee.  The  pay 
of  the  navy  was  a  fixed  compen- 
sation ;  and  the  estimates  of  the- 
present  year  exceed  those  of  the 
last  by  $64,000.  This  excess  is 
on  account  principally,  of  the  in- 
crease in  the  number  of  lieutenants 
and  midshipmen.  Were  we  al- 
ways to  be  at  peace,  the  present 
number  would  be  too  many  ;  and  if 
he  voted  for  an  increase,  it  would 
be  in  reference  to  a  future  state  of 
war. 

He  deemed  some  increase  indis- 
pensable ;  and  whether  the  present 
was  too  greater  not,  he  was  unable 
to  determine.  He  hoped  the  com- 
mittee would  proceed  to  the  other 
items  of  the  bill. 

Mr.  Whipple  doubted,  whether 
a  debate  on  the  navy  at  this  time 
was  strictly  in  order.  The  discre- 
tion to  increase  had  been  given  to 
the  executive  ;  and  if  there  be  an 
error  m  the  investment  of  that  dis- 
cretion, it  should  be  corrected,  but 
not  in  this  indirect  way. 

Mr.  Sergeant  said,  that  he  did 
not  feel  disposed  to  take  the  esti- 
mates of  the  department,  without 


investigation.  That  the  house  should 
exercise  a  supervising  power  ovei 
the  discretion  given  to  the  execu. 
tive  by  annual  appropriations. 

As  to  the  idea  of  a  naval  peace 
establishment,  it  was  unsound. 
The  navy  had  no  peace.  It  had 
been  constantly  in  active  service. 
It  was  the  settled  policy  of  the 
country,  to  have  a  navy,  which 
should  be  efficient  in  war,  and 
useful  in  peace. 

He  adverted  to  the  character  of 
the  officers,  who  had  contributed  so 
much  to  the  glory  of  the  country, 
and  who  had  been  brought  up  in 
the  service. 

Was  it  right  to  dismiss  those  men. 
in  a  moment  of  caprice  ?  And  if 
they  were  dismissed,  could  their 
places  be  supplied  in  a  moment  oi" 
exigency  ? 

After  some  additional  remarks 
from  Mr.  Hoffman,  reiterating  his 
former  opinions,  and  concurring  in. 
the  high  character  of  the  navy, 
this  somewhat  informal  debate  was 
adjourned  to  the  next  day,  no  mo- 
tion having  been  made  by  Mr.  H. 

February  1 3//t. — Mr.  Hoffman 
brought  on  a  similar  discussion,  by 
moving  to  reduce  the  appropriation 
for  the  pay,  and  subsistence,  &c.  of 
the  navy,  from  $1,176,312,  to 
$1,100,081.  His  intention  in  of- 
fering this  amendment,  was  not  to 
reduce  the  number  of  ships  in 
commission  ;  or  the  number  of  offi. 
cers  employed  in  those  vessels ;  or 
of  any  that  were  to  be  employed 


NAVAL  SERVICE. 


in  the  \  essels  to  be  sent  to  the  Pa- 
cific, or  the  Mediterranean.  His 
object  was,  to  reduce  the  number  of 
those  waiting  orders,  so  far  as  it 
was  proposed  to  be  increased. 

He  said  this  reduction  would 
allow  of  the  proposed  diminution  ; 
and  if  the  navy  was  sustained  last 
year  upon  an  appropriation  similar 
to  that  proposed  by  him,  he  did  not 
see  the  necessity  of  an  advance 
for  the  current  year. 

Mr.  Sprague  stated,  that  the  dif- 
ference in  the  estimates  was 
caused  by  the  new  system  of  navy 
yards.  There  was  no  such  class 
of  officers,  as  officers  waiting  or- 
ders. 

Those  who  had  been  a  long  time 
at  sea,  were  entitled  to  the  indul- 
gence of  remaining  some  time  on 
shore,  waiting  orders. 

The  chairman  of  the  naval  com- 
mittee was  mistaken,  in  supposing 
that  the  navy  could  be  officered 
from  the  merchant  service.  It 
might  be  manned  from  that  source, 
but  officers  must  be  educated  for 
the  service. 

The  country  had  had  enough  ex- 
perience, of  the  folly  of  taking  in- 
experienced men  for  officers  in  the 
army,  at  the  commencement  of  the 
late  war ;  and  he  hoped  never  to 
see  a  similar  policy  adopted  for  the 
navy.  A  series  of  worse  disasters, 
might  be  expected  from  the  appli- 
cation of  such  a  principle,  to  that 
branch  of  the  service. 


Mr.  Bartlett  rose  10  say,  that  the 
opinions  expressed  by  the  chairman , 
were  not  those  entertained  by  the 
naval  committee. 

After  some  further  debate,  in  * 
which  Messrs.  Gilman,  Ingersoll, 
S.  Wood,  Drayton,  and  Weems, 
participated,  the  question  was  taken 
on  the  amendment,  which  was  ne- 
gatived, and  the  larger  sum  insert- 
ed— ayes  104,  nays  53. 

Some  other  unimportant  amend- 
ments  were  adopted  ;  and  the  bill 
then  passed  the  house,  and  was 
sent  to  the  senate  for  concurrence. 

In  that  body,  Mr.  Smith,  of  Ma- 
ryland, proposed  to  amend  it, 
March  7th,  by  re-appropriating  se- 
veral items,  which  were  carried  to 
the  surplus  fund  at  the  beginning 
of  the  year. 

Another  section  was  added, 
making  an  additional  sum  of  one 
fourth  of  each  item  of  the  ordinary 
appropriations  for  the  service  of 
the  first  quarter  of  the  year  1829. 
The  senate  adopted  these  amend- 
ments ;  but  the  house,  March  17th, 
only  acceded  to  the  first,  prefer- 
ring to  pass  a  separate  act  for  the 
first  quarter  of  the  year  1829. 

The  senate  then  receded  from 
the  second  amendment,  and  the 
bill  became  a  law. 

By  this  bill,  the  following  appro- 
priations were  made  for  the  naval 
service  of  1828 : 
For  pay,  subsistence, 

and  provisions,          $1,925,446 


1NNIAL  REGISTER, 


Repairs  of  vessels,  $475,000 

Do.  and  improvements 

of  navy-yards,  105,000 

Medicine  and  hospital 

stores,  27,000 

Completing,  building, 
and  equipment  of 
sloops  of  war  autho- 
rized by  act  of 
March  3d,  1825,  201,350 

Enumerated  contin- 
gencies for  1828,  240,000 

Non-enumerated  con- 
tingencies for  1828,  5,01)0 

Contingent     expenses 

for  prior  to  1826,  4,760 

Expenses   of    marine 

corps,  182,827 

Navy  yards  before  ap- 
propriated, 5,300 

Other  sums  before  ap- 
propriated, 705 

For  purchasing  land 
to  provide  live  oak, 
and  other  timber, 
pursuant  to  act  of 
March  3,  1827,  10,000 

Arrearages  prior  to  the 

year  1828,  15,000 

At  a  later  period  of  the  session, 

a.  law  was  passed,  making  an  addi- 
tional appropriation   for  the  naval 

service  of  1828.     By  this  law,  the 

following  additional  sums  were  ap- 

propriated,  viz. 

For   pay,  subsistence, 

and  provisions,  $35,160 

For  medicine  and  hos- 
pital stores,  1,200 

For  outfits.  25.000 


For  repairs,  &c.  I0,uu<» 

An  act  was  also  introduced  mt" 
the  house,  which  became  a  lav  . 
providing  for  the  naval  service  for 
the  first  quarter  of  the  year  1829, 
This  practice  of  providing  for  a 
portion  of  the  ensuing  year,  has 
been  found  to  be  necessary,  as,  in 
consequence  of  the  delay  in  pass- 
ing  the  appropriation  bills,  until 
late  in  the  session,  the  business  of 
the  department  was  thrown  into 
confusion,  and  very  often  crews 
were  kept  on  board,  for  want  of 
funds  to  discharge  them. 

By  this  bill,  the  following  sums 
were  appropriated  for  the  naval  ser- 
vice of  the  first  quarter  of  the  yonr 
1829  :  viz. 
For  pay,  subsistence,  and 

provisions,  $480,951 

Repairs  of  vessels,  1 1 8,750 

Repairs  and  improvement 

of  navy  yards,  26,250 

Medicines    and   hospital 

stores,  6,750 

Ordnance,  12,500 

Arrearages  prior  to  1829,       3,750 
Enumerated    contingen- 
cies, 60,000 
Non-enumerated  contin- 
gencies, 1,250 
Expenses  of  marine  corps,     45,676 
A  bill  was  also  proposed  in  the 
house,  which   afterwards  became 
a  law,  appropriating   the   sum  of 
$46,217,  to  the  navy  hospital  fund. 
The  bill  appropriating  $30,000 
for  the  suppression  of  the  slave 
trade,  may  also  be  classed  among 


FORTIFICATIONS. 


the  public  expenditures,  through  the 
navy  department. 

This  bill,  which  came  up,  May 
20th,  1828,  occasioned  some  dis- 
cussion in  the  house. 

Mr.  Mercer  moved  to  amend  the 
bill,  which  provided  for  the  aboli- 
tion of  the  African  agency,  so  as 
to  provide  for  the  abolition  of  the 
slave  trade,  pursuant  to  the  act  of 
1819. 

Mr.  M'Duffie  said,  this  bill  was 
unanimously  recommended  by  the 
committee  on  ways  and  means. 
Every  liberated  African  had  cost 
the  government,  $  1,200,  to  $1,500; 
and  the  same  object  could  be  much 
more  easily  effected  through  the 
colonization  society.  Besides,  the 
agency  had  involved  the  United 
States,  in- some  complicated  rela- 
tions. As  agent  of  the  society,  he 
had  commenced  war  with  a  neigh- 
bouring prince,  and  resumed  his 
character  as  agent  of  the  United 
States,  upon  the  termination  of  the 
war. 

Mr.  Mercer  hoped  that  the 
change  might  be  postponed,  until  the 
next  session,  at  least.  The  society, 
at  present,  had  not  even  a  corpo- 
rate existence  ;  and  if  the  counte- 
nance of  the  government  should  be 
withdrawn,  serious  difficulties  might 
arise.  The  expense  to  which  the 
government  had  been  put,  did  not 
furnish  a  sufficient  reason  for  the 
abolition  of  this  agency. 

A  great  portion  of  that  expense, 
had  been  caused  by  the  difficulties 


incident  to  the  tirst  establishment  oi' 
a  colony, and  wouldnotoccur again. 

He  would  be  content  to  have  the 
appropriation  limited  to  $10,000 
annually,  and  that  the  agency  should 
be  converted  into  a  consulate. 

Mr.  Sprague  reminded  the  chair- 
man of  the  committee,  (Mr.  M'Duf- 
fie,)  that  he  had  suggested  the  dif- 
ficulty, which  might  arise  from  the 
want  of  a  corporate  existence  on 
the  part  of  the  society. 

The  amendment  was  finally 
agreed  to,  and  the  bill,  being  sent 
to  the  senate,  became  a  law. 

In  conformity  with  the  policy  of 
the  government,  to  place  the  coun- 
try in  a  proper  state  of  defence,  the 
following  sums  were  appropriated 
for  the  completion  of  the  forts, 
whose  construction  had  been  au- 
thorized. 


Fort  Adams, 
Fort  Hamilton, 
Fort  Monroe, 
Fort  Calhoun, 


For  1828.  For  the  1st  qr. 

of  1829. 

180,000  $15,000 
60,000  20,000 
100,000  15,000 
80,000  10,000 


Fort  Macon,  at  Boguo  Point,  52,500  10,000 

Fort  Jackson,  88,500  16,000 

Fort  at  Mobile  point,  80,000  20,000 

Fort  at  Oak  Island,  N.  C.  60,000  15,000 

Fortifications  at  Pensacola,  50,000  20,OCO 

Fortifications  at  Charleston,  25,000  15,000 

Fortifications  at  Savannah,  25,000  15,000 

Rc(>aifg  and  contingencies,  15,000  3,750 
Preservation   of  islands  in 
Boston  harbour, 


2,000 


In  the  senate,  an  amendment  to 
the  bill  for  1 828,  was  proposed,  ap- 
propriating $50,000  for  a  fortifica- 
tion at  Barrataria.  This  amend- 
ment caused  some  discussion  be- 
tween Messrs.  Smith,  Harrison,  and 
Johnson,  in  support,  and  Mr.  Dick- 


I'M 


ANNUAL  REGISTER,  IS*'* -3-9. 


erson,  in  opposition  to  it.  This  for- 
tification,  they  alledged,  was  neces- 
sary for  the  defence  of  New-Or- 
leans ;  and  as  it  must  be  made  at 
some  time,  they  contended  that  the 
present  was  the  best  time  ;  inas- 
much as  officers  of  the  engineer 
corps,  were  at  New-Orleans,  en- 
gaged  in  the  construction  of  similar 
works ;  and  the  materials  for 
their  construction,  already  on  the 
ground. 

Mr.  Dickerson  was  opposed  to 
commencing  any  new  works,  until 
those  now  constructing  were  com. 
pleted. 

After  much  discussion,  the 
amendment  was  adopted,  31  ayes, 
10  nays. 

When  the  bill  was  sent  to  the 
house,  for  its  concurrence  to  this 
amendment,  Mr.  M'Duffie  object- 
ed to  it,  on  the  ground,  that  to  adopt 
it,  would  be  departing  from  the  plan 
recommended  by  the  board  of  en- 
gineers.     According  to  that  plan, 
the  proposed  fortifications  were  di- 
vided, according  to  their  degrees  of 
importance,  into  three  classes.  The 
first,   was  nearly  completed  ;  the 
second,   barely  commenced  ;  and 
this  work  was  in  the  third  class;  that 
which  it  was  originally  intended  to 
postpone  until  after  the  completion 
of  the  others.     He  was  opposed  to 
such  a  total  departure  from  the  ori- 
ginal plan,  without   any  adequate 
motive. 

These  reasons  prevailed  with  the 
house,  notwithstanding  a  forcible 
appeal  on  the  part  of  the  delegation 


from  Louisiana,  urging  the  nupor« 
tance  of  commencing  this  work  ; 
and  the  amendment  was  not  agreed 
to.  The  senate  then  receded  from 
the  amendment,  and  the  bill  became 
a  law. 

Congress  also  appropriated  the 
following   sums,  towards   the   im- 
provement of  the  sea  coast. 
For  building  light-houses,  $124,700 
For  beacons,  buoys,  spin- 
dles, dec.  10,120 
This   act  passed  without   much 
discussion,  as  its  necessity  was  so 
apparent ;  but  that  which  made  ap- 
propriations  for  the  improving  of 
harbours,   and   building  piers,  was 
amended  in  the  senate ;  and  that 
authorizing  the  completing  the  Cum- 
berland road,  and  making  surveys, 
encountered  serious  opposition. 

By  the  first  of  these  bills,  the 
following  sums  were  appropriated  : 
For  deepening  and  improving  the 
harbours  of  Newburyport,  Boston 
and  Stonington,  $139,100 

Repairing  the  public  piers 

in  Delaware  bay,  4,413 

Removing  the  obstructions 

in  Ocracock  inlet,  20,000 
Do  Apalachicola  river,  3,000 
Do  Mississippi  river,  50,000 
Do  Piscataqua,  8,000 

Do     St.  John's  and  St. 

Mary's,  in  Florida,  13,500 
Do  Pascagoula  river,  17,500 
Do  Pas  au  Heron,  near 

Mobile,  18,000 

Do     Black  river  in  Ohio,  7,500 
Do    Red  river,  25,000 


INTERNAL  IMPROVEMENT. 


127 


Surveys  of  harbours  and 

rivers,  2,300 

Erecting  a  pier  and  beacon 

in  Warren  river,  4,000 

The  second  bill  appropriated  for 
the  completion  of  the  Cumberland 
road  to  Zaneseville,  Ohio  175,000 
To  complete  other  roads,  14,202 
To  remove  obstructions  in 

certain  rivers,  27,193 

Erecting  piers,  49,789 

Light-house  in  Delaware,  10,000 
Surveys  and  examinations, 

under  act  of  April  30th, 

1824,  30,000 

This  bill;  as  at  first  reported  to 
the  house,  was  entitled,  a  bill  mak- 
ing appropriations  for  internal  im- 
provement. When  it  was  first 
taken  up  in  the  house,  February 
14th,  some  unimportant  amend- 
ments were  proposed,  which  were 
agreed  to,  authorizing  certain  local 
improvements. 

The  principle  of  the  bill,  how- 
ever, was  adverse  to  the  opinions 
of  a  certain  class  of  representa- 
tives, chiefly  from  the  southern 
states.  After  several  attempts  to 
obstruct  the  passage  of  the  bill,  by 
members,  who  declared  that  they 
believed,  that  their  efforts  would 
prove  vain  against  the  prevalent 
feeling  of  Congress,  the  opposition 
to  the  exercise  of  this  power,  finally 
assumed  a  consistent  form,  on  a 
motion  made  by  Mr.  Drayton,  of 
South  Carolina. 

On  the  26th  of  February,  when 
this  bill  again  came  under  conside- 


ration, this  gentleman  moved  to 
add  to  the  section  appropriating 
$30,000  for  surveys,  &c.  a  proviso, 
restricting  its  expenditure  to  sur- 
veys of  roads  already  contracted 
for,  and  of  roads  and  canals  for  the 
transportation  of  the  mail,  and  for 
military  purposes. 

Mr.  Drayton  said,  that  he  thought 
this  a  favourable  lime  to  ascertain 
the  sense  of  the  house,  on  the  sub- 
ject of  internal  improvement.  The 
legislatures  of  Georgia  and  South 
Carolina  had  expressed  their  opi- 
nions, adverse  to  the  exercise  of 
this  power  ;  and  there  were  many 
new  members  of  the  house,  whose 
opinions  were  not  known. 

Mr.  D.  contended,  that  the  gene- 
ral government  was  one  of  limited 
and  enumerated  powers.  The 
power  contended  for  by  the  advo- 
cates of  this  system,  was  discre- 
tionary, and  illimitable.  This  power 
is  not  to  be  found,  among  the  enu- 
merated powers  in  the  constitution. 
The  power  to  make  post  and  mili- 
tary roads,  he  did  not  deny  to  con- 
gress ;  but  this  general  power  he 
did ;  and  if  under  the  power  of 
appropriating  money  to  specific 
objects,  this  power  could  be  exer- 
cised, there  was  no  limit  to  the 
powers  of  the  general  government. 

He  did  not  believe,  that  congress 
was  invested  with  any  implied 
powers  ;  but  that  it  did  possess  all 
that  was  necessary  to  carry  into 
effect  its  vested  powers. 

Mr.  M'Duffie  said,  that   it  wa* 


lite 


ANNUAL  REGISTER,  1627-8-9. 


under  the  power  of  making  roads 
for  the  purposes  enumerated  by 
his  respected  colleague,  and  under 
no  other  power,  that  congress  had 
appropriated  money  for  construct- 
ing roads. 

Admitting,  with  his  colleague, 
that  the  government  was  limited, 
he  must,  however,  deny  that  any 
of  its  enumerated  powers  were 
limited.  Congress  may  declare 
war.  The  mode,  time  and  object, 
are  all  left  to  the  unlimited  power 
of  Congress.  The  amendment  of 
his  colleague,  would  destroy  the 
effect  of  the  appropriation.  The 
act  of  1824,  already  limited  the 
application  of  this  appropriation  to 
national  objects,  and  if  his  col- 
league would  not  strike  out  the 
reference  to  that  act,  he  would 
vote  for  the  amendment. 

Mr.  Drayton  then  withdrew  his 
motion,  to  strike  out  the  words  re- 
ferring to  the  act  of  1824. 

Mr.  Storrs  said,  that  his  opinions 
were  formed  on  broader  principles, 
than  those  adverted  to,  by  the 
gentleman  from  South  Carolina. 

In  his  view  of  the  constitution, 
'he  was  justified  in  voting  for  light- 
houses, and  in  some  instances  for 
canals ;  and  in  all  national  objects, 
lie  thought  that  the  consent  of  the 
states  was  not  necessary  to  enable 
the  general  government  t.o  act. 

Mr.  Sergeant  objected  to  the 
amendment,  because  it  confined 
the  application  of  the  money  to 
surveys,  preparatory  to  making 


roads  of  a  particular  description- 
Who  is  to  judge  ?  The  surveys 
are  merely  experimental,  and  the 
executive  alone,  has  a  discretiona- 
ry power  in  directing  them. 

He  was  also  against  deciding  in 
this  collateral  manner,  a  question 
of  so  much  importance,  and  which 
had  already  twice  received  the 
sanction  of  the  house,  after  delibe- 
rate arguments. 

The  debate  thus  commenced, 
was  continued  on  the  amendment, 
proposed  by  Mr.  Drayton,  until 
the  28th  of  February,  when  it  was 
negatived. 

It  was  again  renewed  by  an 
amendment,  offered  by  Mr.  Oakley, 
limiting  the  expenditure  of  the 
appropriation,  to  complete  surveys 
already  commenced. 

He  said,  that  this  amendment 
more  fairly  opened  the  discussion 
which  the  house  had  commenced ; 
and  as  he  perceived  an  indication 
of  a  desire  to  go  further  into  the 
merits  of  this  question,  he  would 
move  an  adjournment.  This  mo- 
tion prevailed,  90  to  69. 

March  1. — Mr.  Oakley  said,  that 
he  introduced  this  amendment,  with 
the  view  of  putting  an  end  to  the 
plan  of  internal  improvement,  as 
the  same  had  been  conducted  un- 
der  the  act  of  1824.  He  regret- 
ted, that  he  had  already  observed  a 
disposition  to  consider  this  as  a 
party  question.  Such  was  not  his 
design.  He  thought  the  present 
administration  had  nothing  to  do 


INTERS  AL  IMPR0VEMEN  i . 


with  the  policy  of  this  plan.  It 
originated  with  the  preceding  ad- 
ministration  ;  and  those  now  in 
power  had  done  nothing  more,  than 
to  carry  the  law  into  effect,  as  it 
was  their  duty  to  do. 

He  did  not  mean,  to  consider  the 
constitutionality  of  exercising  this 
power,  but  only  the  expediency. 

But  while  avoiding  the  consider- 
ation of  the  constitutional  ques- 
tion, it  would  be  useful,  in  refe- 
rence to  the  question  of  expe- 
diency, to  advert  to  the  nature  and 
character  of  the  power,  under 
which  congress  is  supposed  to 
act,  in  legislating  on  the  subject  of 
roads  and  canals. 

On  the  supposition,  that  congress 
possesses  the  constitutional  power, 
to  appropriate  the  public  funds  to 
purposes  of  internal  improvement, 
it  must  be  admitted,  that  it  is  a  con- 
structive power,  uncertain,  unde- 
fined, and  of  doubtful  character. 
It  is  so,  considered  in  reference 
to  the  various  sources  from  which 
it  is  supposed  to  be  derived,  and 
the  different  views  of  its  advocates, 
as  to  the  extent  to  which  it  can  be 
exercised. 

The  government,  he  said,  was 
of  a  complicated  character.  Con- 
sidering your  federal  and  state  sys- 
tems, it  may  be  truly  said  to  be  a 
novel  experiment.  The  world  has 
witnessed  many  instances  of  con- 
federacies and  independent  states, 
in  which  the  power  of  the  confe- 
deracy has  operated  on  the  people, 
VOL.  JIT. 


through  the  medium  of  the  local 
authorities  ;  but  we  have,  in  fact, 
two  governments,  acting  directly 
on  the  same  people.  Possessing, 
in  many  instances,  concurrent 
powers,  they  must,  of  necessity, 
frequently  come  into  conflict.  It 
is  on  account  of  the  danger  arising 
from  these  conflicts,  that  he  had 
considered  this  experiment  in  go- 
vernment of  doubtful  result.  It  is 
not  surprising,  that,  under  such  a 
system,  men  should  differ  widely  in 
their  opinions,  as  to  the  rightful 
powers  of  the  general  govern, 
ment.  There  must,  under  our 
constitution,  necessarily  be  many 
powers  derived  by  the  construe- 
tion.  All  cannot  be  enumerated, 
or  expressly  delegated.  Among 
these  powers  not  enumerated,  and, 
of  course,  undefined  and  uncer- 
tain,  is  the  power  now  in  question, 
if  it  exists  at  all. 

Under  such  a  complicated  sys- 
tem, with  constant  danger  of  colli- 
sions between  the  federal  and  state 
governments,  it  was  the  part  of 
true  wisdom,  to  legislate,  in  all 
cases,  with  great  caution  and  mo- 
deration ;  and  especially  when  call- 
ed upon  to  act  under  any  disputed 
power. 

He  also  objected,  Mr.  O.  said, 
to  the  policy  of  a  system  of  inter- 
nal improvement,  under  the  imme- 
diate agency  of  the  general  go- 
vernment, on  the  ground  that  it 
would  be  a  fruitful  source  of  jea- 
lousy and  collision  among  the  dif- 

17 


\\NfAL  REGISTER,  1- 


leieut  sections  of  the  union.  Al- 
though the  objects  of  the  public 
expenditure  might  be,  in  some 
sense,  national,  yet  the  benefits 
conferred  must,  in  all  cases,  be 
more  or  less  local  and  sectional. 
Hence,  there  was  great  danger, 
that  the  time  might  arrive,  when 
such  a  course  of  legislation  would 
lead  to  combinations  in  this  house 
of  an  improper  character.  Bills 
would  be  framed,  involving  local 
interests,  to  a  sufficient  extent  to 
combine  a  support  strong  enough, 
to  force  them  through. 

He  did  not  intend,  to  mark  out 
any  definite  mode  by  which  the 
distribution  should  be  made.  His 
object  was,  only  to  suggest  that 
some  such  mode  might  be  adopted. 
Jf  there  was  any  doubt,  that  con- 
gress could  distribute  its  funds  to 
the  states,  to  be  expended  by  their 
agency  in  works  of  public  improve- 
ment, let  congress  itself  expend 
them  in  the  several  states,  accord- 
ing to  some  equal  and  certain  rule 
of  appointment.  Even  this  would 
avoid  many  of  the  evils  to  be  ap- 
prehended, from  the  continuance  of 
the  present  mode. 

But  is  there  any  ground  for  the 
doubt,  that  congress  does  possess 
the  power  to  apportion  the  public 
money,  or  lands,  or  any  part  of 
them  which  may  be  devoted  to  the 
purposes  of  public  improvement, 
among  the  states,  in  the  ratio  of 
their  representation,  to  be  expend- 
ed  bv  the  state  authorities  ? 


He  objected  also,  Mr.  O.  said, 
to  the  principle  of  the  act  of  1824, 
on  the  ground  that  it  violated  a 
rule,  which  ought  to  govern  all  our 
legislation,  on  the  subject  of  the  ex- 
penditure of  public  money — the 
rule  of  specific  appropriation.  That 
law,  in  its  terms,  looked  only  to 
such  public  works  as  were  of  na- 
tional importance  ;  but,  instead  of 
designating  the  surveys  prepara- 
tory to  those  works,  the  whole  bu- 
siness  of  the  surveys  and  examina- 
tions was  left  to  executive  discre- 
tion. He  had  been  surprised,  to 
hear  a  gentleman  from  Virginia 
(Mr.  Mercer)  say,  that  the  charac- 
ter of  the  intended  works,  as  to 
their  national  importance,  could 
not  be  determined  until  the  sur- 
veys had  been  made ;  and  that  con- 
gress could  not,  therefore,  specifi- 
cally designate  them.  Surely  this 
could  not  be  so.  It  could  not  have 
required  the  labours  of  a  corps  of 
surveyors,  or  engineers,  to  inform 
congress  that  the  road  to  New-Or- 
leans, or  the  Chesapeake  and  Ohio 
canal,  would  be  a  work  of  national 
importance.  He  had  supposed, 
that  the  surveys  and  examinations 
directed  by  that  law,  were  intended 
to  ascertain  the  practicability,  and 
probable  expense,  as  well  as  the 
most  eligible  route,  of  the  road  or 
canal.  Their  national  character 
congress  was,  at  all  times,  able  to 
determine.  That  body,  then,  ac- 
cording to  his  views,  ought  to  have 
directed  surveys  and  examination? 


INTERNAL  IMPROVEMENT. 


131 


as  to  such  public  works,  as  they 
might  have  judged  to  be  of  a  na- 
tional character.  Instead  of  this, 
an  appropriation,  indefinite  as  to 
its  objects,  was  made,  and  the  ex- 
penditure of  it  left  to  executive  dis- 
cretion. What  was  the  conse- 
quence ?  A  general  rush  upon  the 
executive  seems  to  have  been 
made,  by  individual  members  of 
congress,  by  combinations  of  mem- 
bers, by  governors  of  states,  by 
mayors  of  cities,  and,  finally,  by 
private  canal  or  road  companies — 
all  pressing  for  aid,  by  the  govern- 
ment, in  the  prosecution  of  such 
objects  as  they  deemed  important, 
and  seme  of  which  seemed  to  be 
important  only  to  themselves. 

He  contended,  that  no  power, 
and  especially  that  of  expending 
the  public  money,  ought  ever  to 
rest  in  executive  discretion,  when 
the  mode  and  objects  of  the  exe- 
cution of  the  power  conld  be 
marked  out  by  congress.  That 
principle  should  never  be  departed 
from  ;  and  it  was  because  he  con. 
sidered  that  the  act  of  1824  was  a 
departure  from  that  salutary  prin- 
ciple, that  he  strongly  objected  to  it. 

Mr.  O.  said,  he  further  objected 
to  the  present  plan  of  prosecuting 
the  work  of  internal  improvement 
by  the  general  government,  be- 
cause  he  thought  a  safer  and  bet- 
ter mode  might  be  adopted,  of  ap. 
propriating  the  surplus  funds  of  the 
treasury  to  that  object.  If  it  was 


deemed  expedient,  to  apply  any 
portion  of  the  public  money,  or 
lands,  to  the  construction  of  ro'ads 
and  canals,  he  was  decidedly  of 
opinion,  that  the  fund  ought  to  be 
apportioned  among  the  states  ac- 
cording to  some  just  and  equal 
rule. 

This  idea  of  apportioning  the 
funds  of  the  government,  for  cer- 
tain purposes,  among  the  states, 
according  to  the  ratio  of  represen- 
tation, is  by  no  means  a  novel  one. 
He  only  adopted  the  views, 
which  very  distinguished  men  had 
entertained  on  the  subject.  The 
house  would  find,  that  in  1817  a 
law  actually  passed  both  branches 
of  the  legislature,  based  upon  this 
very  principle.  It  set  apart  a  fund 
for  internal  improvement,  divided 
it  among  the  states  in  the  propor- 
tion of  their  representation,  and 
provided  for  its  expenditure  on  such 
objects  of  public  utility  as  the 
states  might  approve.  The  princi- 
pie  of  that  law  was,  indeed,  some- 
what  more  narrow  than  the  one  he 
had  suggested ;  but  it  was  substan- 
tially the  same,  and  it  distinctly  re- 
cognised the  expediency  of  a  dis- 
tribution of  the  public  money  ac- 
cording to  a  certain  and  equal  rule 
of  apportionment.  The  act  of 
1817  was  returned  by  the  Presi- 
dent,  tvith  objections,  not  to  its  par. 
ticular  provisions,  but  to  the  gene- 
ral  power  of  congress  to  pass  any 
law  of  the  kintf.  This  act,  Mr.  O. 


ANNUAL  REGISTER,  1827-8-9. 


said,  received  in  this  house  the 
support  of  the  most  distinguished 
men  then  belonging  to  it ;  and  so 
evident  was  the  justice  of  the  prin- 
ciple iavolved  in  it,  and,  he  might 
add,  so  beneficial  to  the  state  of 
New- York,  that  almost  the  entire 
delegation  of  that  state  voted  for 
it.  And  he  submitted  to  his  col- 
leagues, whether  the  interests  of 
that  state  did  not  now  require  them 
to  adopt  similar  views. 

This  apportionment  was  within 
the  power  of  congress ;  and  he 
thought  it  highly  expedient  to 
make  it. 

Mr.  Gorham  said,  that  he  con- 
sidered no  subject  of  so  much  im- 
portance, as  the  principles  upon 
which  the  revenue  of  the  country 
was  collected  and  disbursed. 

It  was  not  surprising,  that  some 
instances  could  be  adduced,  of  de- 
parture from  the  obvious  policy  of 
the  country.  He  insisted,  that  if 
this  power  exists  at  all,  it  is  a  pow- 
er confided  to  congress.  It  is  not 
intrusted  to  the  states,  to  select  the 
objects  for  which  disbursements  of 
the  public  money  are  to  be  made  ; 
congress  are  to  have  the  power, 
and  solely  to  congress  is  it  intrust- 
ed. It  was  important,  that  mere 
metaphysical  forms,  and  nice  dis- 
tinctions of  power,  should  not  be 
the  only  objection  urged  against  its 
exercise.  The  question  of  consti- 
tutional expediency  may  be  still 
more  important.  Why  are  we  in- 
trusted with  the  collection  of  the 


revenue  '/  Although  in  its  compo- 
sition and  powers,  this  government 
is  altogether  federal,  yet  it  becomes 
a  national  government,  when  these 
powers  are  put  in  action.  With  a 
slight  exception  as  to  the  judiciary, 
it  is  national,  general,  and  direct, 
when  these  powers  are  in  action, 
not  necessarily  recognising  the 
states  in  that  character,  either  as 
objects  or  agents  of  its  power. 
Whence  can  we  derive  the  power 
to  collect  taxes,  and  then  distribute 
the  revenue,  not  according  to  the 
wants  of  the  states,  but  in  the  ratio 
of  their  population  ?  You  are  bound 
to  distribute  it  with  a  view  to  the 
general  welfare  ;  but  how  do  you 
do  this,  if  you  are  to  adopt  as  the 
rule  of  distribution,  the  ratio  of  po- 
pulation ? 

Again,  you  intrust  the  disburse- 
ments, according  to  the  plan  of  the 
gentleman  from  New- York,  to 
agents  who  are  both  irresponsible 
and  irremovable.  In  the  ordinary 
disbursements  of  the  government, 
you  appoint  agents  who  are  respon- 
sible, and  you  are  bound  to  do  so, 
from  the  nature  of  the  power  which 
the  people  have  intrusted  to  you. 
The  states,  as  agents,  cannot  be 
made  so.  They  would  only  laugh  at 
you,  if  you  attempt  to  make  them  so. 
If  the  states  ask  for  appropriations 
to  make  roads  and  canals ;  may  they 
not  also  ask,  and  receive  them,  for 
the  purposes  of  education,  or  any 
object  for  which  money  is  wanted  I 
Is  there  any  limitation,  to  the  power 


INTERNAL  IMPROVEMENT. 


133: 


in  this  respect?  Afteryou  have  com- 
menced this  operation  of  distribu- 
tion, you  will  create  a  disposition  in 
the  states,  to  come  here  for  the  pur- 
pose of  supplying  their  local  wants  ; 
which  will  lead  them  to  curtail  their 
own  taxes,  and  transfer  their  bur- 
dens from  their  own  citizens,  to 
those  of  the  union. 

Again,  in  what  ratio  can  this  dis- 
tribution be  made  ?  The  bill  refer- 
red to,  distributed  the  bank  bonus, 
and  dividends  of  the  bank  stock,  in 
the  ratio  of  representation  ;  but  such 
a  rule  could  not  last  long.  Every 
man  from  the  non-slaveholding 
states,  would  raise  his  voice  against 
such  an  apportionment.  It  is  the 
white  population,  which  pays  the 
revenue  of  the  country.  There  is 
not  a  man  from  the  non-slavehold- 
ing  states,  who  will  not  be  driven 
by  his  constituents,  to  vote  against 
this  principle.  It  is  from  them,  that 
the  revenue  of  the  country  is  deri- 
ved. He  did  not  intend  to  find  fault 
with  the  post-office  expenditures. 
He  did  not  complain,  of  the  ordina- 
ry expenditure  of  the  government. 
The  whole  of  the  duty  on  tea,  was 
raised  north  of  this  place.  So  too  as 
to  imported  spirits  ;  the  citizens  of 
the  north,  pay  nearly  all  the  tax, 
and  a  very  great  portion  of  the  tax 
on  coffee.  One  thousand  of  the 
citizens  of  New-England,  pay  twice 
the  amount  of  tax  paid  by  the  same 
number  of  the  south  and  west  of 
this  place.  When  you  come  to  di- 
vide the  money,  do  you  suppose 


then,  that  you  could  assume  the  ra- 
tio of  representation  ?  The  consti- 
tution says,  direct  taxation,  and  re- 
presentation, shall  go  together ;  but 
nine  tenths  of  the  public  revenue, 
is  derived  from  indirect  taxation, 
and  is  almost  exclusively  paid  by 
the  white  population.  He  saw  in 
this  principle,  which  had  been  now 
advanced,  the  source  of  the  most 
agitating  questions.  The  old  Mis- 
souri question,  stormy  as  it  was, 
would  be  but  as  a  gentle  breeze,  in 
comparison  with  it.  Before  we 
should  have  done  with  it,  it  might 
end  in  the  total  dissolution  of  the 
union.  When,  therefore,  he  heard 
a  gentleman  of  the  high  rank  and 
standing  of  the  member  from  New- 
York,  advocate  such  a  doctrine,  he 
felt  it  to  be  his  duty  to  make  a  solemn 
protest  against  it. 

Mr.  Storrs  concurred  with  his 
colleague,  that  the  opposition  of  this 
bill  could  not  be  treated  as  an  at- 
tack on  the  administration.  It  was 
attempted,  at  the  last  session,  to 
check  the  grant  of  this  power,  on 
the  ground  that  some  great  abuses 
had  been  practised  by  the  present 
administration.  He  referred  to  the 
resolutions  offered  at  a  former 
session,  in  1819,  on  the  subject  of 
a  general  system  of  internal  im- 
provement, which  went  farther 
than  any  motion  which  had  ..been 
subsequently  brought  before  con- 
gress. One  of  the  resolutions,  the 
chief  one,  was  carried  by  a  vote 
of  75  to  57  ;  and  the  gentleman 


134 


ANNUAL  REGISTER,  1827-8-9. 


from  South  Carolina,  since  de- 
ceased, (Mr.  Lowndes,)had  voted 
in  their  favour.  He  adverted  to 
the  resolution,  which  was  the  ori- 
gin of  the  present  measure.  The 
work  of  the  engineers  was  per- 
formed very  loosely  until  1824, 
when  the  act  was  passed,  authori- 
zing the  Executive  to  adopt  a  sys- 
tem in  the  employment  of  this 
corps. 

He  asked,  how  it  was  that  this 
measure  was  discovered  to  carry 
with  it  such  tremendous  power, 
within  the  last  twelve  months,  and 
not  before  ?  How  is  it  now  found 
out,  that  the  appropriation  of  80,000 
dollars  is  sufficient  to  corrupt  the 
American  people.  It  had  been 
said  this  was  a  doubtful  power. — 
He  presumed  it  was  intended  that 
the  power  was  doubtful,  because  it 
was  denied.  But  he  contended, 
that  a  power,  denied  by  a  minority, 
could  not  be  regarded  a  doubtful 
power.  It  is  doubtful  to  those 
who  doubt  it.  But  he  deemed  it 
too  mueh  to  contend  that  it  is 
doubtful  in  any  other  view.  He 
adverted  to  the  bank  charter,  the 
power  to  give  which,  was  denied — 
yet  he  did  not  suppose  the  power 
was  now  to  be  regarded  as  doubt- 
ful. He  said,  that  precedents 
have  force.  When  a  question  had 
been  settled  after  discussion,  and 
had  been  acquiesced  in,  and  acted 
on  by  successive  executives,  he 
did  not  see  how  it  could  be  re- 
garded as  doubtful.  There  must 


be  some  period,  when  the  power 
must  be  considered  as  settled. — 
He  was  glad,  that  his  colleague 
had  not  expressed  any  disbelief  of 
the  doctrine,  that  congress  pos- 
sesses the  power ;  yet  his  propo- 
sition is  as  fatal  in  its  operation,  as 
though  it  was  against  it.  He  de- 
sires to  stop  the  system  at  this 
point.  The  question  is,  whether 
we  shall  abandon  this  system  ? 
That  is  the  effect  of  the  proposi- 
tion of  his  colleague,  and  the  effect 
and  drift  of  his  argument.  If  the 
motion  should  prevail,  his  col- 
league had  effected  his  object. — 
No  system  will  ever  be  commen- 
ced  again.  We  have  no  power  to 
divide  the  public  revenue  among 
the  states,  in  any  ratio,  to  be  ex- 
pended by  those  states,  through 
their  own  agents,  and  for  their 
own  benefits.  He  considered,  that 
to  do  this,  would  be  to  retrocede 
our  powers  as  the  legislature  of 
the  union.  The  powers  are  to  be 
exerted  by  ourselves  ;  and  he 
would  as  soon  transfer  the  treaty- 
making  power  as  this.  He  consi- 
dered it  extremely  dangerous  to 
abate,  in  any  degree,  the  power  of 
disbursing  the  money  of  the  union, 
which  is  intrusted  to  us. 

As  to  the  moral  effect  of  the 
proposition,  he  said,  his  colleague 
had  stated,  that  this  very  bill  was 
so  drawn  up  as  to  combine  various 
interests.  The  argument  of  his 
colleague  had  another  tendency, 
and  that  was  to  rouse  the  discon- 


INTERNAL  IMPROVEMENT. 


tented  and  avaricious  feeling  of 
those  states,  which  have  not  parti- 
cipated in  this  system.  It  addresses 
itself,  also,  to  popularity,  and  can- 
not fail  to  produce  some  effect. 
He  referred  to  the  origin  of  this 
measure.  His  colleague  would  find, 
by  reference  to  the  act  of  1817, 
that  it  only  authorized  the  com- 
mencement of  such  works  as  con. 
gress  might  designate.  In  that 
act,  the  constitutional  question  is 
still  retained,  because  no  state  can 
carry  it  into  effect  without  the  con- 
sent of  congress.  His  colleague, 
therefore,  could  not  produce  that 
act,  to  destroy  any  of  the  argu- 
ments or  propositions  which  he 
(Mr.  Storrs)  had  laid  down.  He 
adverted  to  the  report  of  the  com- 
mittee on  the  New- York  applica- 
tion, to  show  that  there  the  power 
of  congress  to  make  roads  and  ca- 
nals was  admitted. 

The  argument  derived  from  the 
idea,  that  this  measure  will  lead  to 
local  jealousies,  is  too  narrow.  It 
ought  rather  to  be,  whether  these 
jealousies  are  rational.  He  gave 
credit  to  the  American  people  for 
the  existence  of  a  spirit  and  feel- 
ing, too  national  in  its  character,  to 
permit  the  operation  of  such  feel- 
ings as  he  had  apprehended,  to  any 
mischievous  extent.  He  stated,  in 
reference  to  New-York,  that  there 
is  not  a  canal  which  can  be  opened, 
which  does  not  pour  wealth  into 
that  great  emporium.  The  people 


of  New- York  understood  this,  and 
his  colleagues  understood  this. 

Another  reason  assigned  was, 
the  want  of  accountability,  under 
the  present  system.  This  is  an 
argument  which  always  existed; 
why  has  it  not  been  discovered  be- 
fore now  ?  It  has  been,  indeed, 
long  since  discovered,  that  in  all 
disbursements,  there  must  be  some 
waste. 

As  to  the  objection,  that  this  was 
a  departure  from  specific  appropri- 
ations, he  said,  that  it  was  impossi- 
ble to  make  the  appropriations  spe- 
cific, because  we  want  the  prepa- 
ratory information  which  these  sur- 
veys are  to  supply,  to  enable  us  to 
decide  what  objects  are  to  be  exe- 
cuted. We  now  do  no  more  than 
to  call  on  the  department  which  pos- 
sesses the  means,  to  furnish  the  in- 
formation ;  and  we  give  an  appro- 
priation, to  enable  them  to  comply. 

Mr.  M'Duffie  expressed  his  be- 
lief, that  nothing  which  could  be 
said  could  change  the  vote  of  the 
house.  He  would  refrain  from  an- 
swering the  gentleman  from  Mas- 
sachusetts, or  he  could  demonstrate 
that  2,000,000  of  the  white  inha- 
bitants of  the  south  pay  one  half 
of  the  whole  revenue  of  the  Uni- 
ted States. 

The  proposition  is,  whether  we 
will  restrict  the  appropriation  to 
the  surveys  commenced.  He  was 
opposed  to  it,  because  we  do  not 
know  the  character  of  the  surveys 


ANNUAL  REGISTER,  1827-3-U. 


which  have  been  executed,  which 
have  been  completed,  or  which 
have  been  commenced.  We  have 
entered  into  the  system,  and  many 
of  the  most  important  objects, 
among  which  he  specified  the 
Chesapeake  and  Ohio  canal,  are 
not  yet  touched.  If  we  are  to  re- 
strict  the  appropriation,  he  would 
restrict  it  to  national  objects,  or 
arrest  the  work  altogether.  If  the 
system  is  to  be  carried  through, 
and,  having  gone  so  far,  it  would 
not  be  wise  to  stop  it  near  the  close 
of  the  journey,  we  should  go  on 
as  we  have  begun.  As  to  the  act 
of  1824,  it  was  distinctly  ascer- 
tained, that  if  we  attempt  to  re- 
strict the  surveys  to  national  ob- 
jects, we  must  break  up  in  inter- 
minable confusion,  or  adopt  the 
suggestion  of  every  separate  mem- 
ber. 

The  debate  was  further  conti- 
nued by  Mr.  Barney,  in  opposition  to 
the  amendment,  and  Mr.  Hoffman, 
in  its  favour,  until  the  adjournment 
of  the  house,  to  Monday,  March  3d. 
On  that  day,  the  house  postponed 
the  further  consideration  of  the  bill, 
and  took  up  the  tariff. 

On  the  7th  of  March,  the  discus- 
sion was  again  resumed,  when 
Messrs.  Gilmer,  Kremer,  Weems, 
and  Randolph,  expressed  their  opi- 
nions against  the  whole  plan  ;  and 
Messrs.  Marvin,  and  Whipple,  par- 
ticipated in  the  debate.  The  ques- 
tion being  finally  taken,  on  Mr. 


Oakley's  amendment,  it  was  re. 
jected — ayes  72,  nays  100. 

The  section  then  was  adopted — 
ayes  111,  nays  60. 

March  8. — The  bill  was  passed, 
ayes  124,  nays  57,  and  sent  to  the 
senate,  for  concurrence. 

In  that  body,  several  amendments 
were  proposed  by  the  committee 
on  finance,  to  whom  it  was  referred. 
These  amendments  came  under 
consideration,  on  the  8th  of  April. 

The  first  amendment,  which  was 
to  reduce  the  appropriation  for  a 
road  from  Detroit,  to  Chicago,  from 
$9,500,  to  $6,500,  was  agreed  to. 

The  next  amendment  was  to  con- 
fine the  appropriation  for  surveys, 
to  completing  the  surveys  already 
commenced. 

Mr.  Smith  said,  that  he  was 
directed  to  offer  this  amendment, 
by  the  majority  of  the  committee. 
The  bill,  as  it  now  stands,  author- 
izes an  appropriation  of  $30,000, 
to  be  applied  in  defraying  the  inci- 
dental  expenses  of  making  exami- 
nations and  surveys,  now  carrying 
on  under  the  act  of  80th  April,  1824 ; 
and  no  part  thereof,  is  made  appli- 
cable to  such  surveys,  examinations, 
rail  roads,  or  improvements,  as  may 
be  applied  for,  by  other  states  of  the 
union'. 

Mr.  Johnston,  of  Louisiana,  was 
opposed  to  this  amendment ;  first, 
because  the  question  was  debated, 
and  investigated  by  the  other  house, 
and,  after  full  debate,  sent  in  its 


INTERNAL  IMPROVEMENT. 


131 


present  shape,  to  the  Senate.  Ano- 
ther cause  is,  that  it  will  give  rise  to 
further  discussion  in  the  other  house, 
if  the  amendment  is  adopted.  In 
addition  to  these  considerations, 
Mr.  Johnston  was  opposed  to  it  for 
other  reasons.  Heretofore,  it  was  , 
in  the  power  of  the  secretary  of 
war,  to  cause  such  surveys  to  be 
made,  as  were  found  necessary  for 
general  improvements.  It  is  now 
sought,  to  limit  these  surveys.  In 
Mr.  Johnston's  state,  they  are  at  a 
great  distance  from  the  aid  of  en- 
gineers,  and  look  to  the  general 
government  for  aid. 

The  surveys  of  Dunkirk  and  Os- 
wego  harbour,  in  the  state  of  New- 
York,  Pittsburgh,  Presque  Isle, 
Ashtabula  Creek,  and  various  oth- 
ers, have  been  completed  ;  with  re- 
gard  to  the  new  states,  nothing  has 
been  done.  It  was  not  because  their 
necessities  were  less  urgent,  that 
they  have  not  applied ;  and  now  that 
the  appropriation  is  made,  we  are  ex- 
empted,  because  it  is  alleged,  a  corps 
of  engineers  must  be  distributed 
throughout  the  states.  It  is  not  ne* 
cessary  to  send  an  entire  corps  ; 
one  man  is  sufficient  to  examine,  in 
the  first  instance.  Instead  of  taking 
the  entire  course,  by  different  sur- 
veys, one  grand  survey  along  the 
coast,  would  effect  the  object ;  by 
dividing  your  engineers  throughout 
the  country,  you  alarm  the  public. 
Mr.  Johnston  knew  of  no  great 
work,  that  was  not  already  com- 
pleted ;  and  wished  those  states, 

VOL.  III. 


which  were  not  already  surveyed; 
should  have  the  benefit  of  the  ap- 
propriation. The  new  states  should 
also  have  the  benefit.  We  are 
obliged  to  forego  our  rights,  until 
the  time  is  over,  when,  by  a  proper 
appropriation  of  this  sum,  every 
state  can  be  surveyed.  No  con- 
stitutional limit,  to  exclude  these 
new  states,  should  now  be  sought, 
when  the  sense  of  the  house  has 
been  already  taken  on  the  subject; 

Mr.  Webster  inquired,  what  were 
the  grounds  upon  which  this  amend- 
ment was  recommended. 

Mr.  Parris  said,  that  it  was  on 
the  ground,  that  to  commence  new 
surveys,  would  require  an  augmen- 
tation of  the  engineer  corps  ;  and 
the  committee  thought  it  much  bet- 
ter to  complete  the  surveys  already 
commenced,  than  to  be  compelled 
to  increase  that  corps,  in  order  to 
gratify  the  desires  of  all  parts  of  the 
country.  He  was  not  opposed  to 
the  law  of  1824;  and  he  had  nq 
objection  to  send  the  engineers 
wherever  they  were  required  ;  but 
considered  it  better  to  relieve  the 
department,  and  oblige  the  com- 
pletion of  the  performance  of  those 
surveys  now  carrying  on,  before 
others  should  be  commenced. 

Mr.  Webster  opposed  the  amend- 
ment. He  would  prefer  a  direct 
proposition  to  repeal  the  act  of  1824, 
He  was  in  favour  of  the  entire  act  of 
1824.  The  money  was  better  laid  out 
under  that  act,  than  under  any  other 
ever  passed,  It  was  our  good  fortune 
18 


AiXiNtAL  REGISTER,  18^7-b-J'. 


to  live  in  a  time  of  profound  peace. 
Improvement  was  the  peculiar  work 
of  peace.    We  now  pay  $30,000  a 
year  for  knowledge  of  ourselves,  of 
our  country,  and  its  resources.   We 
would  not  hesitate,  to  appropriate 
this  sum  to  some  great  fortification. 
He  would  leave  it  to  any  man  to 
say,  whether  it  was  not  an  object  of 
the  greatest  importance,  that   we 
should  obtain  a  correct  knowledge 
of  every  part  of  our  country;  that 
we  might  know  what  could  be  made 
of  it.     We  have  an  excellent  board 
of  engineers,  originally  created  for 
military  purposes,  but  whose  skill 
can  be  of  avail  in  time  of  peace. 
If  the  number  of  engineers  was  too 
small,  he  was  willing  to  augment  it. 
They  could  not  be  better  engaged, 
than  in  making  surveys  and  exami- 
nations. It  was  said,  that  they  were 
sent  to  the  assistance  of  states  and 
corporations.     This  he   could  not 
view  as   improper.     It  was  said, 
that    several    surveys    had    been 
made  for  the  same  object.     How 
was  the  route  of  a  road  or  canal  to 
be   determined,   without    bringing 
into  comparison  different  routes? 
When  the  whole  was  seen,  it  could 
be  determined,  whether  the  road  or 
canal  was  practicable,  and  which 
was  the  least  expensive  route.     Mr. 
W.  could  see  no  propriety  in  saying 
we  will  go  through  with  what  we 
have  before  us,  and  then,  for  the 
present,  we  will  stop.    He  thought, 
it  would  be  better  to  repeal  the  act 
of  1824  altogether,  than  to  adopt 


the  amendment.    These  surveys  he 
considered,  as  being  intimately  con- 
nected with  the  public  prosperity. 
No  one  could  look  about  this  coun- 
try, without  seeing,  that  in  the  last 
four  years  a  new  impulse  had  been 
given  to  internal  improvement,  and 
to  national  prosperity,  by  the  ope- 
ration of  the  law  of  1824.  Hereafter, 
on  a  proper  occasion,with  very  close 
attention  to  the  means  of  the  trea- 
sury,   he   hoped    the   government 
would  yield  its  aid,  to  effect  such  im- 
provements as  were  truly  national. 
Mr.  M'Lane  said,  that  so  far  as 
he    understood    the    subject,     the 
amendment  met  his  views.   He  did 
not  coincide  with  the  suggestion  of 
the    senator  from    Massachusetts, 
that  it  was  better  to  bring  forward  a 
direct  proposition  to  repeal  the  act 
of  1824,  than  to  adopt  the  amend- 
ment.    He  was  as  much  in  favour 
of  the  act  of  1824,  as  any  member 
of  this  body.     In  the  other  house, 
he  had  the  honour  to  bear  a  part, 
though  an  humble  part,  in  framing 
that  law.     He  remembered  the  op- 
position it   encountered,   and    the 
struggle  which  ensued.      The  bill 
was  discussed  at  great  length  ;  and 
the  chief  objections  made  to  it  were 
grounded,    on  the    impropriety  of 
extending   its  operations  to    local 
objects  ;  and  it  was  insisted  by  the 
friends  of  the  bill,  that  its  objects 
were    exclusively    national,   con- 
nected with  national  defence,  and 
with  the  transportation  of  the  mail. 
It  was  not  intended  by  the  framer* 


INTERNAL  IMPROVEMENT. 


of  the  act,  that  any  part  of  the  ap- 
propriation under  it  should  be  de- 
voted to  local  objects  in  states, 
counties,  or  corporations.  So  far 
from  its  being  the  object  of  the 
committee  to  repeal  the  act  of  1824, 
they  only  wished  to  bring  it  back  to 
its  original  objects.  From  the  pas- 
sage of  the  act  down  to  this  period, 
not  a  single  survey  had  been  com- 
pleted. The  surveys  authorized, 
were  not  only  begun,  but  it  was  not 
in  the  power  of  the  corps  to  com- 
plete them. 

The  object  of  the  committee  of 
finance  was  simply  to  arrest  this 
course.  He  was  not  disposed  to 
withhold  assistance  from  any  state. 
He  was  willing  to  send  the  corps 
to  the  assistance  of  any  state  or 
corporation  ;  but  he  thought  it  right 
that  their  expenses  should  be  de- 
frayed by  the  state.  Although  in 
favour  of  the  general  principle  of 
internal  improvement,  and  willing 
to  go  to  a  great  extent  in  the  pro- 
motion of  it,  yet  he  thought  that 
those  objects  which  were  national, 
were  very  few;  and,  in  his  opi- 
nion, by  transcending  the  limits  of 
our  powers,  we  created  a  reaction 
of  sentiment  in  the  country,  which 
ultimately  would  put  down  internal 
improvement.  No  one  could  have 
noticed  public  sentiment,  for  the 
last  five  years,  without  perceiving 
that  a  strong  reaction  of  feeling  on 
this  subject  had  taken  place.  The 
measures  of  the  government  had 
been  in  advance  of  public  opinion  : 


they  had  gone  infinitely  beyond  it. 
The  consequence  was  a  reaction. 
Sir,  said  Mr.  M'Lane,  I  avow  it 
here,  that  it  is  necessary  to  bring 
the  government  back  to  its  consti- 
tutional limits.  He  supported  the 
amendment,  not  because  he  was 
opposed  to  the  act  of  1824 ;  but  be- 
cause he  wished  to  complete,  what 
was  already  begun. 

Mr.  Webster    spoke    at    some 
length,  in  reply  to  the  remarks  of 
the  senator  from  Delaware.     The 
argument  of  the   gentleman  was, 
that  the  appropriations  under  the 
act  had  been   applied  to  local  ob- 
jects ;  and,  therefore,  it  was  neces- 
sary to  complete  these  local  sur- 
veys, before  any  others  were  com- 
menced.    That  reasoning  did  not 
carry  conviction  to  his  mind.     It 
occurred  to   him,  that  this  was  a 
singular  mode  of  bringing  the  go- 
vernment back  to  the  principle  of 
the  act  of  1824.     What,  said  Mr. 
W.,  is  an  exclusively  national  or 
local  road  or  canal  ?     An  improve- 
ment not  a  mile  long,  might  be  as 
national  as  the  Cumberland  road. 
What  makes  the  Chesapeake  and 
Delaware     canal    national?      It 
touches    but    two    states.      What 
gives  a  national  character  to  the 
Raritan  canal  ?     It  is  confined  to 
one  state.     Whether  an  improve- 
ment were  local  or  national,  was 
to  be  decided  by  reference  to  its 
importance,  not  to  its  locality.     It 
was  national,  if  it  was  for  the  good 
of  the  whole  country.     Sir,  we 


\NM  A  I.  REGISTER,  1 827-8-*. 


granted  land  to  the  state  of  Ala- 
bama for  imprbving  the  navigation 
of  a  river.  The  object  was  na- 
tional, or  he  would  not  have  voted 
for  it.  Though  the  citizens  of 
Alabama  derived  greater  benefit 
from  it,  from  their  locality,  than 
other  citizens,  yet  it  was  a  benefit 
to  the  whole  country.  He  recog- 
nized no  distinction  between  the 
appropriation  of  land,  and  of  mo- 
ney.  Ppth  were  alike  public  pro. 
perty, 

Mr.  M'Lane  said,  in  rejoinder, 
that  the  senator  from  Massachusetts 
supposed  his  argument,  in  reference 
to  the  application  of  money  to  local 
objects,  was  not  pertinent.  The 
argument  of  the  senator  from 
Massachusetts  was  good,  but  his 
conclusion  was  wrong.  Congress 
could  not  arrest  abuses  begun,  and 
in  progress,  but  it  could  prevent 
their  recurrence.  The  committee 
would  have  arrested  all  the  local 
surveys  in  progress ;  but  they  would 
not  do  this,  for  the  reason,  that  ex- 
penses had  already  been  incurred 
in  relation  to  them,  and  some  of 
the  engineers  were  actually  em- 
ployed upon  them.  He  consider- 
ed, therefore,  that  his  reasoning 
was  entirely  pertinent.  Whether 
any  particular  items  in  the  list 
were  local,  was  a  question  of  some 
delicacy.  It  would  be  thought 
invidious,  to  point  at  any  one  ob- 
ject  as  local ;  and,  in  doing  it,  he 
should  encounter  the  ppposition  of 
those  gentlemen,  who  represented 


the  different  states,  in  which  aucu 
survey  might  have  been  ordered  to 
be  made.  Mr.  M'L.  here  alluded  to 
some  small  survey  made  for  a 
canal  in  Vermont,  as  a  local  ob- 
ject ;  and  to  the  Delaware  break- 
water, as  a  national  object.  If 
permitted  to  go  into  an  examina- 
tion, he  should  say  that  the  surveys 
made  in  Maine  and  New-Hamp- 
shire were  wholly  local ;  although 
he  knew  that  it  was  very  probable 
that  gentlemen  better  acquainted 
than  himself,  with  the  localities  of 
these  surveys,  might  be  of  a  dif- 
ferent opinion. 

The  debate  was  continued  the 
next  day  by  Messrs.  Johnson, 
M'Lane  and  Hayne  ;  and  on  a  di. 
vision  there  appeared  to  be  an  equal 
division  of  the  senate — 21  in  favour, 
and  21  opposed  to  the  amendment. 
The  Vice  President  then  gave  his 
casting  vote,  in  favour  of  adopting  it. 

April  Wth. — Mr.  Benton  moved, 
to  strike  out  the  appropriation  for 
continuing  the  Cumberland  road  ; 
negatived — ayes  18,  noes  29. 
After  adopting  some  other  unim- 
portant amendments,  the  question 
recurred  on  the  passage  of  the  bill ; 
but  on  motion  of  Mr.  Smith,  of 
South  Carolina,  the  senate  adjourn- 
ed to  the  next  day,  when  Mr.  S, 
spoke  at  length  against  the  consti- 
tutionality of  the  power.  The  vote 
being  at  last  taken  on  the  bill,  it 
passed — 22  ayes,  10  nays ;  and 
was  sent  to  the  house  for  its  con- 
currence to  the  amendments,  and 


MILITARY  APPROPRIATIONS. 


to  au  alteration  in  the  title  of  the 
bill,  expressing  the  particular  im- 
provements which  were  authorized. 

The  house,  however,  refused  to 
c '>)icur  in  the  amendment,  limiting 
the  appropriation  for  surveys  by  a 
vote  of  70  ayes,  98  nays  ;  and  also, 
to  the  alteration  in  the  title  of  the 
bill — 76  ayes,  78  nays. 

The  senate  insisting  on  these 
amendments — yeas  24,  nays  23,  a 
conference  was  asked  by  the  house ; 
and  managers  being  appointed  on 
the  part  of  each  branch,  they  re. 
ported  in  favour  of  the  house  re- 
ceding from  its  vote  on  the  amend- 
ment of  the  title  ;  and  a  modifica- 
tion of  the  section  appropriating 
$30,000,  for  surveys,  by  adding  a 
proviso,  that  the  appropriation 
shall  not  be  construed  into  a  legis- 
lative sanction  of  any  surveys 
Avhich  shall  not  be  deemed  of  na- 
tional importance,  or  within  the 
provisions  of  the  act  of  1824. 

This  report  was  agreed  to,  in 
the  senate — yeas  27,  nays  12  ;  and 
the  house  also  agreeing  thereto, 
the  bill  received  the  sanction  of 
the  president,  and  became  a  law. 

A  bill  was  also  introduced  into  the 
senate,  which  ultimately  became 
a  law,  appropriating  $250,000  for 
constructing  a  breakwater,  near 
the  mouth  of  the  Delaware  bay. 

The  construction  of  a  military 
road,  in  Maine,  from  the  mouth  of 
the  Matanawcook  river,  to  Mars  hill, 
was  also  authorized  ;  and  $15,000 
appropriated  for  that  purpose. 


A  subscription  of  $1,000,000  was 
authorized  to  the  stock  of  a  com- 
pany,  incorporated  by  the  states  of 
Maryland  and  Virginia,  to  make  a 
canal  from  Chesapeake  bay,  to  the 
Ohio  river. 

A  quantity  of  the  public  land 
was  granted,  to  aid  the  state  of 
Ohio,  in  making  a  canal  from  Day- 
ton to  Lake  Erie;  and  400,000 
acres  were  granted  to  the  state  of 
Alabama,  to  be  applied  to  the  im- 
provement of  the  navigation  in  the 
Tennessee  river. 

Various  other  bills  were  intro- 
duced for  the  internal  improve- 
ment of  the  country,  but  they  did 
not  become  laws. 

The  military  appropriation  bill 

for  1828,  was  first  taken  up  in  the 

house,  on  the  16th  of  February. 
By  this  bill,  the  following  appro. 

priations  were  made,  viz. 

For  pay  of  the  army, 
and  subsistence  of  of- 
ficers, including  the 
military  academy,  $1,056,307 

Subsistence  and  forage,      258,128 

Clothing  for  servants  of 

officers,  &c.  19,770 

Recruiting  service,  37,511 

Purchasing  department, 
and  for  woollens, 
bought  for  1829,  198,377 

Medical  and  hospital  de- 
partment, 25,500 

Quarter-master  Gene- 
ral's department,  387,231 

Averages  in  do.  42.000 


ANNUAL  REGISTER,  1827-8-9. 


Fuel,    stationary,    &c. 

for  military  academy,        32,235 
Expenses  of  board  of 
visitors    at    military 
academy,  1,500 

National  armories,  360,000 

Current  expenses  of  ord- 
nance service,  65,000 
Arsenals,  87,300 
Contingencies  of  army,        10,000 
Arrearages  of  1827,              38,077 
Arrearages  prior  to  1815,    10,000 
Claims  of  militia  of  Illi- 
nois and  Michigan,  on 
•  occasion  of  recent  In- 
dian disturbances,             40,000 
Certain  sums  re-appropri- 
ated,                                  80,782 
A  further  appropriation  of  one 
hundred    thousand     dollars     was 
made,  by  a  subsequent  bill,  for  the 
armament  of  fortifications.  $50,000 
were  also  appropriated  by  a  subse- 
quent bill,  for  erecting  an  arsenal 
near  Mobile. 

When  the  military  appropriation 
bill  came  up  in  the  house,  strenu- 
ous opposition  was  made  to  the 
item  of  $1500,  for  the  board  of 
visiters  at  West  Point.  Mr.  Kr6- 
mer  said,  the  board  was  entirely 
useless.  Its  members  were  gene- 
rally destitute  of  all  military  talent; 
and  all  they  had  to  do,  was  to  sign 
a  report,  prepared  for  them. 

Mr.  M'Duffie  stated  the  practice 
of  the  department,  which  was  to 
pay  the  expenses  of  scientific  men, 
who  were  requested  to  visit  the 
institution;  and  he  thought  such 


an  annual  supervision  of  the  in- 
stitution  useful  in  its  tendency. 
Much  unnecessary  debate  ensued, 
rather  from  a  hostility  to  the  insti- 
tution itself,  than  from  any  specific 
objection  to  this  allowance  ;  but 
the  house  finally  sanctioned  it, 
without  a  count.  Some  discussion 
also  ensued  at  a  subsequent  day, 
February  21st,  on  an  item,  autho- 
rizing the  erection  of  additional 
buildings  at  West  Point ;  but  the 
house  sustained  it — ayes  102,  nays 
84.  The  bill  then  was  passed, 
and  sent  to  the  senate,  where  it 
was  amended,  by  some  unimport- 
ant addition,  which  was  concurred 
in  by  the  house,  and  it  became  a 
law. 

By  the  bill  subsequently  intro- 
duced, making  appropriations  for 
the  first  quarter  of  1829,  the  foU 
lowing  sums  were  appropriated  : 
For  pay  of  the  army,  and 

subsistence  of  officers,  $264,076 
For  forage  of  officers,  10,032 

For  clothing  of  servants 

of  do.  4,942 

For  recruiting  service,  13,000 
For  subsistence  depart- 
ment, 54,200 
For  purchasing  do.  44,594 
For  medical  do.  6,000 
For  Quarter-master  Ge- 

neral  do.  85,220 

For  Military  Academy,  3,000 

For  contingencies  of  ar. 

my,  2,500 

For  national  armories,         90,000 
For  ordnance  service,          16,250 


TREASURY  REPORT  FOR  1829. 


143 


For  armament  of  fortifi- 
cations, 25,000 
The  appropriations  for  1823,  for 
the  Indian  department,  which  is  a 
branch   of   the    war   department, 
were, 
For   superintendent   and 

Indian  agents,  46,100 

For  presents  to  Indians,       15,000 
For  contingent  expenses^      95,000 
For   expenses  of  aiding 
the  emigration  of  the 
Creeks,  50,000 

For  appropriation  to  ex- 
tinguish the  Indian  title 
within  Georgia,  50,000 

For  refunding  to   North 
Carolina  moneys  paid 
for  do.  within  that  state,     22,000 
For  additional  contingen- 
cies, growing  out  of  the 
removal  of  Indians,          25,124 
To  carry  into  effect  sub- 
sisting treaties,  233,494 
The  sum  of  $15,000  was  also 
appropriated,  to  defray  the  expen- 
ses of  the  delegations  of  the  Choc- 
taw,  Creeks,  Cherokee,    Chicka- 
saw,  and  other  tribes,  in  exploring 
the  territory  beyond  the  Mississip- 
pi, with  the  view  of  emigrating. 
An  animated  discussion  took  place, 
during  the   consideration  of  these 
bills,  in  relation  to  the  general  po- 
licy  of   the   government  towards 
the  Indians,  of  which  an  account 
has  been  given  in  chapter  3. 

A  dispute  also  took  place  be- 
tween the  senate  and  the  house,  in 
relation  to  the  appropriations  for 


the  extinguishment  of  the  Indian 
title  in  North  Carolina.  This,  how- 
ever, was  adjusted,  by  the  house's 
accepting  of  the  amendment  of  the 
senate,  appropriating  $22,000;  and 
the  senate  receded  from  the  other. 
The  appropriations  for  the  public 
buildings  were, 
For  completing  the  work  about  the 

same,  $60,782 

For  penitentiary  and  jail, 

in  District  of  Columbia,  24,087 
For  fire  engine  and  house,  3,000 
For  an  additional  building 

for  post-office,  12,000 

For    custom-houses   and 

ware-houses,  38,800 

The  annual  report  of  the  Secre- 
tary of  the  Treasury  to  congress, 
at  the  2d  session,  on  the  state  of 
the  finances,  showed  the  following 
results  : 

The  actual  receipts  from  all  sour- 
ces, during  the  year  1827,  amount- 
ed to  $22,966,363  96  cents,  which, 
with  the  balance  in  the  treasury  on 
the  1st  of  January  of  that  year,  of 
$6,358,686  18  cents,  gave  an  ag- 
gregate of  $29,325,050  14  cents. 
Of  the  sum  received  as  above,  du- 
ring 1827,  the  customs  yielded  up- 
wards of  $19,500,000,  and  the 
sales  of  the  public  lands  nearly 
$1,500,000.  The  expenditures  of 
the  United  States,  for  the  same 
year,  amounted  to  $22,656,764  04 
cents ;  leaving  a  balance  in  the 
treasury,  on  the  1st  of  January, 
1828,  of  $6,668,286  10  cents. 


144 


ANNUAL  REGISTER,  1827-8-1). 


The  actual  receipts,  during  the 
three  first  quarters  of  1828,  amount- 
ed to  $18,633,580  27  cents; 
and  those  of  the  fourth  quar- 
ter, $5,461,283  40  cents;  ma- 
king the  total  receipts,  for  1828, 
$24,094,863  67  cents  ;  which,  add- 
ed to  the  balance  in  the  treasury, 
on  the  1st  of  January,  as  above 
stated,  gave  an  aggregate  of 
$30,763,149  77  cents.  The  ex- 
penditures of  the  three  first  quar- 
ters of  the  year,  were  estimated 
at  $18,244,907  91  cents ;  and 
those  for  the  fourth  quarter,  at 
$7,392,603  72  cents  ;  making  for 
the  whole  year,  $25,637,511  63 
cents.  This  expenditure  included 
upwards  of  $12,000,000  on  ac- 
count of  the  debt,  and  left  in  the 
treasury,  on  the  1st  of  Janua- 
ry, 1829,  an  estimated  balance  of 
$5,125,638  14  cents.  This  ba- 
lance was  subject  to  the  appro- 
priations of  moneys  for  the  ser- 
vice of  1828,  not  yet  called  for,  a 
sum  estimated  at  $3,500,000 ;  and 
included  the  $1,000,000  in  funds, 
not  effective. 

The  receipts  into  the  treasury, 
during  the  last  four  years,  amount- 
ed to  $97,957,559  86  cents.  The 
expenditures,  during  same  period, 
$95,585,518  85  cts.  Importations 
during  same  period,  $350,202,569. 
Export  aliens,  $337,202,426. 

There  was  paid,  in  1825,  on  ac- 
count of  the  debt,  the  sum  of 
$12,099,044  78  cents.  In  1826, 
there  were  paid  $11,039,444  60 


cents,  all  from  surplus  revenue  : 
in  1827,  $10,001,585  98  cents  ; 
and  in  1828,  $12,163,566  90 
cents,  making  for  the  four  years, 
$45,303,642  26  cents.  Of  this 
sum,  $30,373,188  01  cent,  was 
applied  to  the  principal ;  and 
814,930,454  25  cents  to  the  inte- 
rest of  the  debt ;  the  whole  of  the 
former  having  gone  towards  the 
reduction  of  that  part  of  it,  which 
bore  an  interest  of  six  per  cent. 

The  total  sum  paid  on  account* 
of  the  debt  from  the  first  of  Ja- 
nuary, 1817,  the  year  in  which  the 
sinking  fund  act  passed,  to  the 
first  of  January,  1829,  amounted 
to  $  146,669,773  48  cents.  Of 
this  sum,  $88,834,108  66  cents, 
were  paid  on  account  of  princi- 
pal, and  $57,835,664  82  cents 
on  account  of  interest.  The  ex- 
tra payments  on  account  of  the 
principal,  comprehended  sums  ob- 
tained on  loan  at  a  lower  interest 
than  six  per  cent,  to  replace  stock 
paid  off  at  that  interest,  and  sums 
that  had  accumulated  in  the  trea- 
sury in  1817,  partly  under  the  ef- 
fect of  the  double  duty  system,  be- 
fore the  prospective  operation  of 
the  act  began.  The  national  debt 
was  positively  lessened  in  amount 
by  the  sum  of  -65,129,829  38 
cents,  since  the  1st  of  January, 
1817,  by  surplus  funds.  The 
whole  of  this  last  mentioned  sum, 
so  paid  off,  was  borrowed  at  six 
per  cent,  or  more  than  six,  with 
the  exception  of  a  small  amount 


APPROPRIATIONS  FOR  18-29. 


14  f. 


of  treasury  notes,  and  some  Mis- 
sissippi stock.  The  whole  remain- 
ing debt  of  the  United  States, 
on  the  first  of  January  1829, 
will  be,  in  its  nominal  amount, 
$58,362,135  78  cents.  But  from 
this  amount  should  be  taken 
$7,000,000,  being  so  much  of  ap- 
parent debt  only,  in  the  shape  of 
subscription  to  the  stock  of  the 
bank  of  the  United  States  ;  the  go- 
vernment owning  a  like  sum  in  the 
stock  of  the  bank,  upon  which  divi- 
dends are  punctually  paid.  Of  the 
sum  that  remains,  viz.  $51,362,135 
78  cents,  the  old  revolutionary  three 
per  cents,  constitute  more  than 
$13,000,000.  Assuming  its  sta- 
ted appropriation  of  $10,000,000 
to  be  forerun  in  the  same  propor- 
tion in  future  years  as  it  has  been 
in  1828,  the  debt  will,  in  effect,  be 
totally  paid  off,  in  little  more  than 
four  years. 

At  the  second  session  of  the 
twentieth  congress,  the  appropria- 
tions for  the  public  service  did  not 
occasion  much  discussion.  The 
excitement  of  the  presidential  elec- 
tion  was  followed  by  a  reaction 
in  the  public  mind  ;  and  the  inte- 
rest felt  by  the  members  in  the 
arrangements  for  organizing  a  new 
administration,  left  but  little  incli- 
nation, for  a  critical  examination 
of  the  estimates  for  the  ensuing 
year. 

The  following  appropriations 
were  made  by  a  separate  act,  for 

VOL.  in. 


the  support  of  the  government  for 

the  first  quarter  of  1829  : 

For  the  expenses  of  con- 
gress, library,  and 
Vice-President's  sa- 
lary, 467,735 

For  salary  of  President,          6,250 

For  expenses  of  execu- 
tive department,  inclu- 
ding expenses  of  ter- 
ritorial governments,  149,028 

For  expenses  of  judicial 

department,  60,250 

For  expenses  of  diploma-^ 

tic  intercourse,  32,625 

For  expenses  of  pensions,          512 

For  expenses  in  support 

of  light-houses,  &c.          42,000 

For  expenses  in  relief  of 
American  seamen  in 
foreign  countries,  6,250 

By  a  subsequent  bill,  the  follow- 
ing appropriations  were  made,  for 

the  residue  of  the-year  1829  : 

For  the  expenses  of  the 
legislative  department, 
including  salary  of 
Vice-President,  and 
expenses  of  congres- 
sional library,  61,012 

For  expenses  of  the  ex- 
ecutive department,  in- 
cluding the  expenses 
of  territorial  govern- 
ments, 664,387 

For  expenses  of  the  judi- 
cial department,  184,950 

For  expenses  of  diploma- 

tic  intercourse,  118,875 

For  pensions,  1,1235 

19 


;  It. 


V.N ,\ I  .M ,  It \](i\ STER,  1827-8-9. 


For  support  of  light- 
houses,  &c.  139,468 

For  relief  of  American 

seamen,  13,750 

For  expenses  of  public 

lands,  94,000 

For  miscellaneous  claims,     12,000 

For  expenses  of  taking 

fifth  census,  350,000 

For  claims  of  late  inhabi- 
tants of  Florida,  3,1 16 

For  purchase  of  Digest  of 

U.  S.  Laws,  3,000 

The  appropriations  for  the  revo- 
lutionary, and  other  pensioners, 
for  the  residue  of  the  year  1829, 
amounted  to  $531,497. 

The  appropriations  for  the  naval 

service,  for  the   residue  of  1829, 

were  : 

For  pay,  subsistence,  and 

provisions,  $1.405,747 

For  pay  of  superintend- 
ents, naval  construc- 
tions, &c.  at  navy 
yards,  44,777 

For  repairs  and  improve- 
ments at  navy  yards,  178,750 

For  repairs  of  vessels,        356,250 

For  medicines  and  hospi- 
tal stores,  20,250 

For  ordnance  and  ord- 
nance stores,  37,500 

For  enumerated  contin- 
gencies, 195,000 

For  non-enumerated  do.         3,750 

For  expenses  of  trans, 
porting  shipwrecked 
Africans  to  Africa.  16,000 


For  sums  unexpended,  re- 

appropriated  from  the 

surplus  fund,  205,6o4 

To   the   naval    hospital 

fund,  125,000 

The  appropriations  for  fortifying 
the  coast  were,  for  the  residue  of 
1829,  as  follows  : 

For  fort  Adams,  $85,000 

For  fort  Hamilton,  80,000 

For  fort  Monroe,  85,000 

For  fort  Calhoun,  90,000 

For  fort  Macon,  50,000 

For  fort  at  Oak  island,          47,834 
For  fort  at  Mobile  point,       80,000 
For  completing  the  bat- 
tery at   Bayou   Bien- 
venue,  6,448 

For       fortifications      at 

Charleston,  60,000 

For  fortifications  at  Sa- 

vanah,  60,000 

For  fortifications  at  Pen- 

sacola,  55,000 

For  sea  wall  in  Boston 

harbour,  7,310 

For  repairs  and  contin- 
gencies, 59,637 

The  appropriations  for  1829,  for 
light-houses,  beacons,  and  im- 
proving harbours,  &c.  were  : 
For  building  light-houses,  $94,000 
For  beacons,  buoys,  &c.  19,577 
For  surveying  harbours,  2,900 
For  improving  do.  and 

rivers,  176,097 

Additional  appropriations 


MILITARY  APPROPRIATIONS  FOR  1829. 


141 


$33,000 


3,000 


30,000 


vnaue  lor  the  improvement  of 
other  harbours  and  rivers  by  a  sub- 
sequent act,  amounting  to  $105,003, 
for  inland  rivers,  and  lake  har- 
bours ;  and  $24,490,  for  Savannah 
river. 

The   sums   appropriated  for  in- 
ternal improvements  were  : 
For  three  roads  from  De- 
troit, 
For  a  military  road   in 

Florida, 
For  surveys  under  the  act 

of  1824, 
For  continuation  of  Cum- 

berland  road, 
For  repairing  do. 

Subscriptions   were    authorized 
to  the  stock  of  the  following  canal 
companies,  viz. 
Chesapeake  and  Delaware, 
Dismal  Swamp,  50,000 

Louisville  and  Portland,      135,000 

The  appropriations  for  the  mili- 
tary service,  for  the  three  quarters 
of  1829,  were, 
For  pay  of  army,  and  sub- 
sistence of  officers,       $793,980 
For  subsistence,  and  fo- 
rage, 

For  unexpended  balance 
for  subsistence  and  fo- 
rage, 

For  clothing  of  servants, 
and  military  academy, 
For  recruiting  service, 
For  unexpended  balance 

of  recruiting  service, 
For    purchasing  depart- 


312,548 


25,000 

14,828 
29,309 


inent,  and  woollens,  for 

1830,  83,569 

For  materials  on  hand,          80,000 

For  medical  and  hospital 

department,  11,000 

For  materials  on  hand,  8,000 

For  Quarter-master's  de- 
partment, 258,780 

For  military  roads,  48,932 

For  military  academy,          22,257 

For  expenses  of  board  of 

visiters,  1,500 

For  expenses  for  board  of 

visiters  in  1827,  1,168 

For  contingencies  of  ar- 

my,  7,500 

For  armories,  270,000 

For  armament  of  fortifica- 

tions,  75,000 

For  current  expenses  of 

ordnance  service,  50,950 

For  arsenals,  98,000 

For  arrearages,  between 

1815  and  1818,  1,500 

For  Illinois  militia,  1827,  857 

For  sums  re  -app  ropriated,     98,561 

For  printing  60,000  in- 
fantry tactics,  14,790 

An  appropriation  was  also 

made  for  the  erection 

of  barracks,  of  $41,000 

For  a  tower  at  Bayou  Du- 

pre,  16,677 

For  new  wharves  at  forts,  4,100 


The  appropriations  for  the  Indian 
department,  for  1829,  were, 
14,832     For  Indian  superintend. 

ent,  and  agent?.  #46,100 


14S 


ANNUAL  REGISTER,  1827-b-9. 


For  presents  to  Indians,        15,000 

For  expenses  of  interpre- 
ters at  agencies,  18,550 

For  blacksmiths,  &c.,  at 

agencies,  24,400 

For  expenses  of  distribu- 
ting annuities,  9,500 

For  expenses  of  Indian 

deputations  and  visits,  22,168 

For  contingencies,  24,350 

For  purchasing  Indian  re- 
servations in  North  Ca- 
rolina, 20,000 

For  purchasing  Indian  re- 
servations in  Ohio,  6,000 

For  compensation  to  In- 
dians in  Ohio,  for  de- 
predations upon  their 
property,  by  whites,  1,539 

To  carry  into  effect,  sub- 
sisting treaties,  and  for 
annuities,  232,895 

The  appropriations  for  the  pub- 
lic buildings,  for  1829,  were, 
For  completing  the  work 

about  the  capitol,  $27,128 

For  completing  the  work 

about  President's  house,     31,131 
For  furnishing  President's 

house,  14,000 

For   purchase,    and    en- 
closing of  a  new  square,        8,000 
For  fire  engine,  640 

For  completing  peniten- 
tiary in  District  of  Co- 
lumbia,  27,000 

A  resolution  was  introduced  into 
the  house  of  representatives  j  during 
the  first  session  of  the  twentieth 
congress,  requesting  the  executive, 


to  send  one  of  the  public  vessels  on 
a  voyage  of  discovery,  and  explo- 
ring, into  the  South  Sea,  and  Pacific 
Ocean. 

The  reasons  for  the  passage  of 
this  resolution,  were  briefly  stated 
by  Mr.  Reed,  as  follows  : 

Some  time  ago,  petitions  were 
presented  to  congress,  from  the  in- 
habitants of  Nantucket,  and  also 
from  New-Bedford,  in  Massachu- 
setts, praying  that  the  Pacific 
Ocean,  and  South  Sea,  might  be 
explored ;  and  that  the  islands, 
shores,  reefs,  and  shoals,  might  be 
surveyed,  in  an  accurate  and  au- 
thentic manner.  They  further 
stated,  that  their  voyages  had  been 
extended,  within  a  few  years,  from 
Peru  and  Chili,  to  New-Zealand,  and 
the  Isles  of  Japan.  The  risk  and 
losses,  have  thereby  been  greatly 
increased.  A  number  of  ships  have 
been  lost,  with  their  crews ;  no 
doubt,  upon  the  rocks  and  shoals, 
without  one  person's  escaping  to  tell 
Nthe  news.  The  insurance  in  those 
seas,  is  nearly  twice  as  much  as  in 
the  Atlantic.  The  amount  and  value 
of  the  whale  fishery,  is  not  incon- 
siderable. There  are  now  engaged 
in  that  fishery,  in  the  Pacific  Ocean, 
one  hundred  and  fifty  ships,  amount- 
ing to  more  than  forty  thousand  tons, 
requiring  a  capital  of  more  than 
three  millions  of  dollars,  and  em- 
ploying more  than  three  thousand 
seamen.  Those  engaged  in  the 
fur  trade,  and  all  other  commerce 
in  the  Pacific,  which  is  now  very 
considerable,  and  is  rapidly  increas- 


EXPEDITION  TO  THE  PACIFIC. 


149 


ing,  are  deeply  interested  in  the  re- 
Solution  now  under  consideration. 
Commerce,  the  farming  interest, 
and  manufacturing  interest,  are  all 
deeply  interested  in  the  safe  navi- 
gation of  those  vast  seas  ;  in  fact, 
our  whole  country  is  directly  or  in- 
directly interested.  The  proposed 
measure,  therefore,  is  one  well  cal- 
culated to  save  lives  and  property, 
and  to  further  extend  our  prosperity. 
I  hold  in  my  hand,  (continued  Mr. 
Reed,)  a  chart,  on  which  is  traced 
the  routes  of  the  whaling  ships. 
They  extend  from  Cape  Horn,  in 
the  Pacific,  six  thousand  miles 
north,  and  westerly,  ten  thousand 
miles,  to  the  Japan  Isles,  Asia,  and 
New-Hollahd.  I  also  hold  in  my 
hand,  a  newspaper,  printed  some 
time  since,  at  Nantucket,  giving  an 
account  of  two  hundred  islands, 
reefs,  and  shoals,  never  surveyed, 
or  laid  down  on  any  chart.  These 
islands,  shoals,  &c.  have  been  dis- 
covered, from  time  to  time,  by  the 
whale  ships ;  but  they  did  not  pos- 
sess either  the  means,  or  time,  to 
survey  them  with  accuracy.  The 
resolve  now  under  consideration, 
is  the  mere  expression  of  an  opinion, 
that  it  is  expedient  to  make  the  pro- 
posed  survey  and  examination,  pro- 
vided it  can  be  done  without  preju- 
dice to  the  naval  service  ;  and  pro- 
vided it  can  be  done  without  addi- 
tional appropriation  for  that  service, 
during  the  present  year. 

Some  opposition  was  made  to 
this  resolution,  by  Mr.  Hoffman, 
but  it  was  agreed  to,  by  the  house. 


A  bill  was  also  introduced,  providing 
for  the  extra  expenses  of  the  expe- 
dition, which  were  estimated  at 
$50,000.  This  bill  was  not  acted 
upon,  for  want  of  time  ;  but  the  se- 
cretary of  the  navy,  in  conformity 
with  the  resolution,  directed  a  ves- 
sel to  be  fitted  out  for  the  expedi- 
tion ;  and  at  the  commencement 
of  the  second  session  of  congress, 
the  expedition  was  prepared,  and 
ready  to  proceed  to  sea,  as  soon  as 
the  appropriation  for  the  extraordi- 
nary expenses  should  be  made. 

The  bill,  for  that  purpose,  receiv- 
ed the  sanction  of  the  house  of  re- 
presentatives, at  the  present  sess* 
ion — 97  ayes,  59  nays. 

In  the  senate,  the  bill  met  with 
an  unexpected  opposition,  which 
caused  its  defeat. 

On  the  7th  of  February,  Mr. 
Hayne,  from  the  committee  on  na- 
val affairs,  to  whom  it  was  referred, 
submitted  the  following  resolu- 
tion. 

Resolved,  That  the  president  of 
the  United  States  be  requested  to 
cause  to  be  laid  before  the  senate, 
a  detailed  statement  of  the  expenses 
incurred  in  fitting  out,  and  pre- 
paring an  expedition  for  exploring 
the  Pacific  ocean,  and  South  seas, 
together  with  the  additional  amount 
which  will  be  necessary  to  cover  all 
the  expenses  of  such  an  expedition ; 
and  that  he  be  also  requested  to 
cause  to  be  submitted,  a  detailed 
statement,  showing  the  several 
amounts  transferred  from  the  dif- 
ferent heads  of  appropriation  for 


15U 


ANNUAL  REGISTER,  1827-8-y. 


the  support  of  the  navy,  to  this  ob- 
ject,  and  the  authority  by  which 
such  transfers  have  been  made. 

In  submitting  this  resolution,  Mr. 
Hayne  took  occasion  to  object  to 
the  course  taken  by  the  secretary 
of  the  navy,  respecting  this  expe- 
dition. The  secretary  had  acted 
under  the  resolution  of  the  house 
only.  The  expedition  had  never 
been  sanctioned  by  law.  He  also 
thought  that  the  expedition  was  on 
too  magnificent  a  scale  ;  and  that 
instead  of  $50,000,  it  would  cost 
at  least  $300,000,  besides  the  wear 
and  tear  of  the  vessel. 

The  resolution  was  agreed  to, 
and  a  report  was  made  by  the  se- 
cretary of  the  navy,  in  answer  to 
the  call,  showing  that  no  such  trans- 
fer had  been  made,  as  was  sug- 
gested in  the  resolution  ;  and  that 
the  expenses  of  the  expedition 
would  not,  probably,  exceed  the 
amount  in  the  bill  before  the  senate. 

The  expenses  incurred,  besides 
the  repairs  of  the  Peacock,  which 
would  have  been  made  at  all  events, 
amounted  to  about  $2,500. 

A  majority,  however,  of  the  na- 
val committee,  reported  against 
the  bill,  and  proposed  an  amend- 
ment, by  which  the  President  was 
authorized  to  cause  one  of  the  pub- 
lic vessels  of  the  squadron  in  the 
Pacific,  to  be  detached. for  the  pur- 
pose of  exploring  the  islands,  &c. 
in  the  Pacific. 

The  bill  was  consequently  lost, 
ajid  the  expedition  defeated. 


The  main  business  of  the  session, 
was,  the  legislation  on  the  subject 
of  the  Cumberland  road.  The 
discussion  of  Mr.  Buchanan's 
amendment,  providing  for  the  con. 
ditional  cession  of  the  road  to  the 
different  states  within  whose  bound- 
aries it  passes,  occupied  about  one 
half  of  the  session,  and  drew  into 
it,  the  question  of  the  constitution- 
al power  of  Congress  to  erect  toll 
gates,  &c.  The  house  decided, 
by  a  considerable  majority,  in 
favour  both  of  the  constitutionality 
and  expediency  of  erecting  gates, 
and  imposing  a  system  of  tolls,  in 
order  to  keep  the  road  in  repair. 
The  senate,  without  discussing  the 
constitutional  power,  struck  out 
the  sections  relating  to  toll  gates 
and  tolls,  and  simply  appropriated 
the  100,000  dollars  required  to  put 
the  road  in  repair.  Another  bill 
passed  both  houses,  appropriating 
money  for  the  construction  of  the 
road  westwardly  from  Zanesville. 

Bills  of  considerable  importance 
to  the  citizens  of  that  section  of 
the  country,  authorizing  the  Presi- 
dent to  expose  to  public  sale  the 
reserved  lead  mines  and  salt 
springs,  in  the  state  of  Missouri, 
passed  both  houses.  Thus  were 
new  sources  of  wealth  opened  to 
individual  enterprise ;  although 
there  is  too  much  reason  to  fear  that 
they  may  be  grasped  and  monopo- 
lized for  the  exclusive  advantage 
of  sordid  speculators. 

The  census  bill,  the  passage  of 


UNFINISHED  BUSINESS. 


15J 


which  was  necessary,  to  the  taking 
the  census  according  to  the  provi- 
sions of  the  constitution,  was  over- 
looked by  the  leading  members  of 
congress,  whose  attention  was  en- 
grossed by  the  arrangements  conse- 
quent upon  the  organization  of  the 
new  administration. 

It  consequently  did  not  become 
a  law,  and  its  consideration  was 
postponed,  together  with  several 
other  important  bills,  to  the  next 
congress. 

Among  those  bills  which  were 
either  left  unacted  on,  or  defeated, 
were  the  bill  for  graduating  the 
price  of  public  lands,  &c.  ;  the 
bill  to  provide  for'  the  militia, 
volunteers,  engaged  in  the  land 
and  naval  service  of  the  United 
States,  during  the  revolutionary 
war ;  the  bill  to  amend  the  act  to 
reduce  and  fix  the  military  peace 
establishment,  having  reference  to 
the  case  of  Colonel  Bissell ;  the 
bill  to  abolish  the  rank  of  major 
general ;  the  bill  to  continue  the 
act  for  the  relief  of  the  purchasers 
of  public  lands,  &c.  ;  the  bill  re- 
pealing the  tonnage  duty  on  Ame- 


can  vessels,  together  with  a  large 
number  of  acts  providing  for  the 
payment  of  claims  on  the  treasury. 

A  treaty  concluded  with  Brazil, 
recognising  the  liberal  commercial 
principles  of  the  United  States, 
was  not  ratified,  until  after  the  ac- 
cession of  General  Jackson  to  the 
presidency,  although  it  was  com- 
pleted  under  the  administration  of 
Mr.'  Adams. 

Some  bills  were  also  reported 
from  the  committee  of  retrench- 
ment, appointed  to  inquire  into  the 
abuses  of  the  government,  at  too 
late  a  period  of  the  session,  to  be 
acted  on.  These  bills  proposed 
various  retrenchments  in  conformi- 
ty with  the  suggestions  contained 
in  the  report,  an  abstract  of  which, 
is  contained  in  Chapter  1  ;  but 
the  ends  of  the  inquiry  having 
been  answered,  by  the  result  of  the 
presidential  election,  no  steps  were 
taken  by  the  parly,  to  carry  into 
effect  the  proposed  reform,  and  the 
bills  remained  on  the  table,  and 
shared  the  fate  of  the  other  un- 
finished business. 


CHAPTER  VII. 

Great  Britain. — Lord  Goderich  resigns — New  cabinet — Lord  Wellington 
Premier — Finances — Mr.  Huskisson  resigns — Causes  of  resignation — 
New  corn  bill — Law  for  relief  of  Catholics — Sir  F.  Burdetfs  motion 
on  Catholic  question — Mr.  O'Connell  elected — Catholic  association — 
Opening  of  Parliament  in  1829 — Catholic  question  settled — Duel  be- 
tween Premier  and  Lord  Winckdsea — Silk  trade — Discussion  relative 
to  American  tariff" — Correspondence  between  American  and  British  go- 
vernments— Commercial  policy  of  Great  Britain — Order  in  council 
relative  to  colonial  trade — British  navigation — treaty  with  Brazil — 
Boundary  between  United  States  and  Canada — Affairs  of  Portugal — 
War  between  Russia  and  Turkey — Canadian  affairs — Debate  on  for- 
tifications in  Canada — British  West  Indies — East  India  Company. 


IN  our  chapter  on  Great  Britain, 
in  the  last  volume  of  the  Register, 
we  traced  the  course  of  events,  to 
the  death  of  Mr.  Canning,  and  to 
the  new  organization  of  the  mi- 
nistry, to  which  his  loss  gave  rise. 

The  violence  of  the  opposition, 
sustained  as  it  was  by  the  Duke  of 
Wellington,  and  a  large  portion  of 
the  high  church  and  tory  party, 
while  Earl  Grey,  and  other  whigs 
of  the  first  influence,  kept  aloof 
from  Mr.  Canning,  had  rendered  it 
a  difficult  task,  even  for  the  gigantic 
mind  of  the  late  premier,  to  main- 
tain  that  ascendency  in  the  two 
houses,  which,  according  to  the 
principles  of  the  British  constitu- 
tion, is  essential  to  the  existence  of 
an  administration.  We  have  seen, 

VOL  III. 


that  a  law,  having  for  its  object  the 
admission  of  foreign  corn,  at  all 
times,  on  the  payment  of  a  duty, 
which  was  to  vary  with  the  prices 
of  the  commodity  in  the  home 
market,  received  its  death  blow  in 
the  house  of  lords.  Though  this 
measure  was  sanctioned  by  the  re- 
vered name  of  Lord  Liverpool,  its 
virtual  rejection  was  to  be  ascribed 
to  the  former  colleagues  of  Mr. 
Canning,  who  had  willingly  availed 
themselves  of  the  aid  of  his  talents 
and  character,  so  long  as  he  was 
content  with  a  subordinate  station, 
but  who  could  not  brook  his  official 
superiority.  To  avoid  similar  de. 
feats,  and  to  give  the  administra- 
tion  an  opportunity  to  strengthen 
itself,  the  discussion  of  the  Catho 
20 


154 


ANNUAL  REGISTER,  1827-8-9. 


lie  question  ;  of  the  bill  to  repeal 
the  test  and  corporation  acts  ;  and 
of  other  measures,  on  which  the 
cabinet  was  supposed  to  be  divided, 
was  postponed  to  a  subsequent  ses- 
sion. A  scrutiny  into  the  budget 
was  avoided,  by  the  government's 
giving  a  pledge,  to  propose  the  ap- 
pointment of  a  finance  committee 
at  an  early  period,  after  the  two 
houses  should  again  meet. 

Parliament  was  prorogued  on 
the  second  of  July  ;  and  on  the 
eighth  of  the  ensuing  month  Mr. 
Canning  died. 

Mr.  Huskisson,  who,  when  this 
melancholy  event  occurred,  was 
absent  on  a  continental  tour,  for  the 
benefit  of  his  health,  immediately 
returned  to  London.  This  minis- 
ter, from  the  share  which  he  had 
had  in  the  leading  measures  of  the 
two  last  administrations,  and  the 
confidence  reposed  in  him  by  Mr. 
Canning,  as  well  as  from  his  expe- 
rience and  talents,  seemed  to  pos- 
sess the  best  claim  to  succeed  his 
friend.  The  consequences,  how- 
ever, which  had  resulted  to  the  last 
ministry,  from  placing  at  the  head 
a  person  not  of  high  birth,  indi- 
cated, but  too  clearly  the  risk  of 
making  a  second  experiment  of  a 
similar  nature.  Viscount  Gode- 
rich,  who,  as  Mr.  Robinson,  had 
previously  been  chancellor  of  the 
exchequer,  and  had  filled  other 
public  offices,  had  been  made  by 
Mr.  Canning  secretary  of  state  for 
the  colonies,  and  raised  to  the 


peerage.  To  this  nobleman,  re- 
commended  by  his  connexions  with 
the  aristocracy  of  the  country,  was 
accorded,  with  the  approbation  of 
his  colleagues,  the  vacant  post  of 
premier. 

Mr.  Canning,  being  a  commoner, 
had  united  the  office  of  chancellor 
of  the  exchequer,  with  that  of  first 
lord  of  the  treasury.  Under  the  new 
arrangements,  it  became  necessary 
to  select  a  finance  minister  for  the 
lower  house ;  and,  unfortunately  for 
the  stability  of  the  administration, 
Mr.  Herries,  who  had  occupied  an 
inferior  place  under  Lord  Liver- 
pool, was  chosen,  in  order  to  gra- 
tify, as  was  alleged  at  the  time,  the 
persona]  wishes  of  the  king.  Mr. 
Huskisson  became  colonial  secre- 
tary ;  and  other  minor  alterations 
were  made,  without,  however, 
changing  the  character  of  the  ca- 
binet, which,  with  the  exception  of 
Mr.  Herries,  remained  politically 
the  same  as  under  Mr.  Canning, 
the  Catholic  claims  still  contin- 
uing an  open  question.  To  Mr. 
Huskisson  were  assigned  the  du- 
ties of  leader  of  the  house  of  com- 
mons, a  situation  which  not  only 
carries  with  it  great  consideration, 
but  implies,  that  all  important  mea- 
sures are  to  be  introduced  by  the 
minister  thus  denominated. 

Lord  Goderich  was  a  remarka- 
ble instance  of  a  person  who  had 
been  highly  respectable  in  a  subor- 
dinate place,  failing  completely 
when  called  to  the  highest  post. 


GREAT  BRITAIN. 


It  was  soon  tbund,  that  the  new 
premier  was  neither  capable  of 
presiding  over  the  destinies  of  a 
great  empire ;  nor  of  exercising  that 
influence  with  his  associates,  which 
was  required,  to  make  them  co-ope- 
rate in  public  measures. 

At  the  time  of  Mr.  Canning's 
death,  not  only  were  the  foreign 
relations  of  the  country  extremely 
delicate ;  but  the  opposition  at  home 
rendered  it  necessary,  that  every 
nerve  should  be  exerted  by  the 
ministry,  to  prepare  for  the  ap- 
proaching parliamentary  campaign. 

After  the  accession  of  Lord 
Goderich  to  the  treasury,  the  diffi- 
culties abroad  were  increased  by 
the  "  untoward  event"  at  Navari- 
no,  and  the  appointment  of  Don 
Miguel,  by  his  brother,  the  Empe- 
ror of  Brazil,  as  Regent  of  Portu- 
gal ;  while  the  dissensions  in  the 
cabinet  occasioned  still  greater 
embarrassments,  in  the  conducting 
of  the  public  business. 

When  parliament  adjourned,  it 
was -supposed  that  it  would  reas- 
semble in  November  ;  so  that  the 
finance  committee,  promised  by 
Mr.  Canning,  might  be  appointed, 
and  sit  during  the  Christmas  holi- 
days. The  session  was,  however, 
put  off,  by  repeated  prorogations, 
till  29th  January,  1828.  A  con- 
sciousness that  he  was  not  adequate 
to  guide  the  helm  of  state,  in  the 
then  difficult  posture  of  affairs, 
with  a  divided  cabinet,  had  induced 
Lord  Goderich,  early  in  Decem- 


ber, to  ask  his  majesty's  permis- 
sion to  retire  from  office  ;  and 
from  the  2d  to  19th  of  that  month 
there  was  a  virtual  abdication  of 
the  head  of  the  government.  He 
was  afterwards  reluctantly  induced 
to  agree  to  continue  in  power,  suf- 
ficiently long  to  allow  new  arrange- 
ments to  be  entered  into.  But 
all  hopes  of  settling  matters  in 
such  a  manner  as  to  enable  mi- 
nisters to  meet  Parliament,  were 
defeated,  by  the  irreconcilable  dif- 
ference between  Mr.  Huskisson 
and  Mr.  Herries,  which  led  to  a 
tender  of  both  their  resignations. 

The  circumstances  connected 
with  these  proceedings,  according 
to  the  parliamentary  explanations, 
were  briefly  these  :  Mr.  Tierney, 
the  master  of  the  mint,  and  Mr. 
Huskisson,  had  obtained  from  Lord 
Goderich  his  consent,  that  Lord 
Althorpe,  a  leading  whig,  should 
be  placed  at  the  head  of  the  finance 
committee.  This  selection  was 
made  without  any  consultation  with 
Mr.  Herries,  to  whose  department 
the  subject  particularly  belonged  ; 
and  when  this  minister  was  made 
acquainted  with  what  had  been 
done,  he  deemed  it  incumbent  on 
him  to  resign,  if  the  contemplated 
measure  was  carried  into  effect. — 
Mr.  Huskisson,  on  his  part,  was 
equally  determined  to  persevere 
with  the  nomination  ;  and  the  pre- 
mier found  himself  threatened  with 
the  loss  of  the  services  of  one  or 
other  of  these  colleagues.  In- 


\.V\UAL  REGISTER,  1827-8-9. 


stead  of  pursuing  a  decided  and 
vigorous  course,  and  accepting  the 
resignation  of  the  chancellor  of 
the  exchequer,  who  was  viewed 
with  jealousy  by  all  the  other  mem- 
bers  of  the  cabinet ;  Lord  Gode- 
rich went  to  Windsor,  and  again 
requested  his  majesty  to  release 
him  from  the  cares  of  government, 
and  on  the  8th  of  January  the  ca- 
binet was  declared  to  be  dissolved. 

In  the  period  between  the  two 
resignations  of  Lord  Goderich, 
there  were  several  attempts  to  re- . 
organize  the  cabinet.  Lord  Hol- 
land, notwithstanding  the  strong 
personal  objections  of  the  king, 
was  fixed  on  for  foreign  secretary, 
in  the  room  of  Lord  Dudley,  who 
had  only  accepted  the  office  pro- 
visionally under  Mr.  Canning ;  and 
Lord  Goderich  was  to  have  been 
replaced  by  the  Duke  of  Portland, 
or  by  the  Marquis  Wellesley,  who 
agreed  with  the  majority  on  the 
Catholic  question,  and  who  was,  in 
consequence  of  his  absence  in  Ire- 
land, uncommitted  to  any  of  the 
recent  factions. 

That  there  were  other  causes 
for  the  dissolution  of  the  cabinet, 
growing  out  of  the  dispute  respect- 
ing the  finance  committee,  ap- 
pears from  the  declaration  of  the 
ministers  themselves,  who,  with 
the  exception  of  Lord  Goderich, 
generally  alluded  to  matters,  which 
they  seemed  unwilling  openly  to 
explain.  But  besides  these  secret 
difficulties,  there  wrro.  at  least, 


two  circumstances,  coeval  with  the 
origin  of  the  administration,  that 
seemed  to  carry  with  them  the 
seeds  of  its  destruction.  The 
Duke  of  Wellington,  the  decided 
opponent  of  the  ministry,  discon- 
tented with  the  loss  of  his  own  po- 
litical influence,  and  that  of  his 
friends,  was  restored  to  the  distin- 
guished station  of  commander-in- 
chief  of  the  army,  a  post  afford- 
ing the  greatest  extent  of  patron- 
age. The  other  event  to  which 
we  refer,  was  the  selection  for 
chancellor  of  the  exchequer  of 
Mr.  Herries,  a  decided  tory,  placed 
in  office  contrary  to  the  declared 
wishes  of  his  colleagues  ;  who,  as 
he  was  sensible,  would  avail  them- 
selves  of  the  first  opportunity  to 
remove  him  from  their  councils, 
and  whose  meaures  he  was  conse- 
quently induced,  even  in  self-de- 
fence, to  counteract.  The  reap, 
pointment  of  the  Duke  of  Welling- 
ton, was,  perhaps,  unavoidable,  not 
only  on  account  of  the  personal 
feelings  of  the  king,  but  to  satisfy 
public  opinion,  which  justly  as- 
signed to  this  distinguished  chieftain 
the  first  military  place  in  the 
state.  The  course  pursued  by 
Lord  Goderich,  in  relation  to  Mr. 
Merries'  admission  to  the  cabinet, 
however,  gave  a  full  indication 
of  that  want  of  energy  of  charac- 
ter, which  was  afterwards  so  con- 
spicuously manifested. 

Besides   the   loss  of  the  army 
patronage,  the  late  administration 


GREAT  BRITAIN. 


151 


was  deprived  of  other  influence, 
which  has  been  usually  placed  in 
the  hands  of  ministers.  The  navy 
had  been  given  by  Mr.  Canning 
to  the  Puke  of  Clarence,  a  prince 
who  was  rendered,  by  his  proxi- 
mity to  the  throne,  in  a  great  mea- 
sure  independent  of  the  cabinet,  of 
which  he  was  not  a  member.  Ec- 
clesiastical appointments  were 
made  by  his  majesty  himself,  or, 
as  was  alleged,  by  the  influence  of 
the  individuals  composing  the  king's 
domestic  circle,  whose  power  was 
felt  in  all  the  public  arrangements 
during  this  period. 

To  this  secret  influence,  allu- 
sion was  distinctly  made  in  the 
house  of  commons,  and  questions 
were  asked  of  the  minister,  who 
had  proffered  explanations,  which 
it  was  not  deemed  advisable  to 
pregs  on  their  consideration.  It 
may  be  sufficient  to  remark  here, 
that  strong  suspicions  existed  of  the 
king's  wish  to  avoid,  by  the  reten- 
tion of  Mr.  Herries  in  power,  and 
the  selection  of  a  subservient  per- 
son for  the  chair  of  the  finance 
committee,  exposures  that  would 
have  implicated,  not  only  the  con- 


fidential officers  of  the  crown,  but 
royalty  itself,  in  the  application  of 
certain  funds,  to  the  supply  of  those 
expenses  of  his  majesty,  for  which 
the  civil  list  had  not  sufficed. 
This  conversion  had  been  effected, 
in  consequence  of  the  mod*  in 
which  the  hereditary  revenues, 
(all  of  which  had  been  ceded  to 
the  state  for  an  annual  sum,  in  the 
reign  of  George  HI.)  were  man- 
aged. There  were  also  used,  for 
the  same  purposes,  by  virtue  of  the 
authority  of  treasury  minutes,  un- 
appropriated funds  resulting  from 
a  convention  with  France,  for  the 
payment  of  certain  claims  of  British 
subjects. 

On  accepting  the  resignation  of 
Lord  Goderich,  his  majesty  sent 
for  the  Duke  of  Wellington,  to 
whom  he  confided  the  formation 
of  a  new  cabinet.  After  conside- 
rable negotiation,  the  necessary 
arrangements  were  concluded, 
several  of  the  old  ministers  being 
retained  ;  as  will  appear  from  the 
following  list,  in  which  we  have 
placed  the  names  of  the  two  cabi- 
nets  in  parallel  lines. 


First  Lord  of  the  Treasury, 

Lord  Chancellor, 

Secretary   of    State    for  Fo- 
reign affairs, 

Do.  for  Homo  Department, 
Do.  for  Colonies, 

President  of  the  Board  of  Control 

Chancellor  of  the  excheequer 

President  of  the  Board  of  Trade 

Master  of  the  Mint 

President  of  the  Council, 


Wellington  Ministry. 
Duke  of  Wellington, 
Lord  Lyndhurst, 

Earl  of  Dudley, 

Mr.  Peel, 

Mr.  Huskisson, 
Vircount  Melville, 
Mr.  Goulbourn, 
Mr.  Grant, 
Mr.  Herries, 
Earl  Bathurst, 


Goderich  Ministry. 
Visceunt  Goderich. 
Lord  Lyndhurst. 

Earl  of  Dudley. 

Marquis  of  Lansdowne. 

Mr.  Huskisson. 

Mr.  Wynn. 

Mr.  Herries. 

Mr.  Grant. 

Mr.  Tieruey. 

Dukt  of  Portland. 


158 


ANNUAL  REGISTER,  1827-8-9. 


Privy  Seal, 
Secretary  at  War, 
Chancellor  of  the  Duchy  of  ) 

Lancaster,  \ 

First  Commissioner  of  land 

revenue, 


Lord  Ellenborough, 
Lord  Palmerston, 

Earl  of  Aberdeen, 

New  minister,  not  in 
the  Cabinet, 


Earl  of  Carlisle. 
Lord  Palmenton, 

Lord  Bexly. 
Mr.  8.  Bourne. 


Of  the  members  of  the  cabinet 
of  the  Duke  of  Wellington,  who 
had  served  within  a  year  in  for- 
mer administrations,  a  particular 
notice  is  unnecessary, 

Mr.  Goulbourn,  though  not  in  the 
ministry,  was  for  a  long  time  pre- 
vious to  Mr.  Canning's  becoming 
premier,  connected  with  the  gov- 
ernment, either  as  under  secretary 
of  state,  or  as  chief  secretary  for 
Ireland,  and  was  always  an  anti- 
catholic.  He  is  particularly  known 
in  the  United  States,  as  one  of  the 
plenipotentiaries  at  Ghent  and 
London,  in  1814  and  1815. 

Lord  Ellenborough,  son  of  the 
late  chief  justice,  through  an  advo- 
cate of  the  Catholic  claims,  was 
violently  hostile  to  Mr.  Canning, 
and  his  government,  and  might,  on 
most  subjects,  be  considered  an 
opponent  of  the  liberal  party. 

Lord  Aberdeen's  opinions  re* 
specting  the  catholics,  were  the 
same  as  those  of  Lord  Ellen- 
borough.  He  often  took  part  in 
the  debates  in  support  of  the  agri- 
culturists, and  in  Lord  Castle- 
reagh's  time,  advocated  the  foreign 
policy  of  that  minister.  He  was 
ambassador  at  the  court  of  Vienna, 
and  was  employed  in  several  diplo- 
matic negotiations,  in  1813  and 
1814.  While  thus  engaged,  he 


signed  the  treaty  of  Toplitz,  be. 
tween  England  and  Austria,  and 
the  treaty  of  Paris,  of  1814.  He 
also  assisted  at  the  conferences  of 
Frankfort,  and  at  the  congress  of 
Chatillon, 

The  only  avowed  whigs  in  the 
old  administration,  the  Marquis  of 
Lansdowne,  the  Earl  of  Carlisle, 
and  Mr.  Tierney,  were  omitted  in 
the  Duke  of  Wellington's  arrange- 
ments ;  but  irreconcileable  as  the 
differences  between  Mr.  Huskis- 
son  and  Mr.  Herries,  were  declar- 
ed to  be,  both  their  names  were 
found  in  the  new  list.  To  the  late 
chancellor  of  the  exchequer,  how- 
ever,  was  alloted  the  compara- 
tively unimportant  post  of  master 
of  the  mint ;  and  Mr.  Huskisson,  by 
continuing  in  office,  after  he  was 
compelled  to  yield  to  Mr.  Peel  the 
place  of  parliamentary  leader,  in 
the  commons,  and  to  coalesce  with 
the  deadly  foes  of  Mr.  Canning, 
lost  much  of  his  influence.  In 
giving  his  adhesion  to  the  Duke 
of  Wellington,  he  was,  however, 
supported  by  Mr.  Grant,  and  Lord 
Palmerston,  and  even  by  Lord 
Dudley.  That  the  secretary  for 
foreign  affairs,  after  having  agreed 
to  retire  in  favour  of  Lord  Hol- 
land, while  his  friends  we  re  still  in 
power,  should  consent  to  act  with 


GREAT  BRITAIN. 


colleagues,  to  whom  he  was  oppos- 
ed on  several  important  questions, 
seemed  most  extraordinary,  and 
could  only  be  explained  by  ascrib- 
ing his  decision  to  the  influence 
exercised  over  him,  by  Mr.  Hus- 
kisson. 

Much  surprise  was  excited  by 
the  acceptance  of  the  premiership 
by  the  Duke  of  Wellington,  who 
had,  in  very  emphatic  language,  at 
the  previous  session  of  parliament, 
declared  his  entire  unfitness  for 
high  civil  office.  But,  although  this 
celebrated  warrior  is  not  distin- 
guished for  his  abilities  as  a  speak- 
er, and  therefore,  may  yield  to  most 
of  his  predecessors,  in  the  peculiar 
qualifications  required  for  leader  of 
the  house  of  lords  ;  few  men  in  Eng- 
land possessed  more  experience  in 
the  public  affairs  of  the  country- 
Even  before  the  commencement  of 
his  great  services  in  the  Penin- 
sula, he  had  been  connected  with 
the  government  of  Ireland,  as  chief 
secretary  ;  and  while  commanding 
in  Spain  and  Portugal,  his  functions 
were  hardly  more  military,  than  ci- 
vil and  diplomatic. 

At  the  congress  of  Vienna,  he 
appeared  as  a  negotiator,  to  secure 
for  his  country,  by  argument,  what 
he  had  previously  acquired  for  her 
by  the  sword.  On  his  return  from 
France,  where  he  had  been  the  di- 
plomatic, as  well  as  military  repre- 
sentative of  his  sovereign,  he  was 


placed  in  the  cabinet,  in  which  he 
continued  till  Lord  Liverpool  ceased 
to  preside  there ;  and  even  while 
Mr.  Canning  was  at  the  head  of  the 
department  of  foreign  affairs,  the 
Duke  of  Wellington  was  selected  to 
support  the  interests  of  England,  at 
the  delicate  negotiations  at  Verona. 

On  the  whole,  therefore,  the 
administration,  although  it  had  lost 
strength  with  the  more  liberal  part 
of  the  nation,  possessed,  in  a 
much  greater  degree  than  the  last 
cabinet,  the  confidence  of  the  aris- 
tocracy, and  consequently,  of  par- 
liament. 

The  king  opened  parliament,  by 
commission,  on  the  29th  January, 
1828,  when  the  royal  speech  was 
read  by  the  Lord  Chancellor:*  It 
proposed  the  appointment  of  a 
finance  committee,  and  stated,  that 
an  increase  had  taken  place  in  the 
export  of  British  manufactures. 

The  largest  portion  of  the  king's 
address,  related  to  the  foreign  af- 
fairs of  the  country.  The  intention 
to  withdraw  the  British  troops  from 
Portugal,  was  formally  stated,  and 
the  treaties  concluded  with  Brazil, 
and  Mexico,  were  officially  an- 
nounced. But  the  most  important 
part  of  this  state  paper,  was  that 
which  alluded  to  the  eastof  Europe  ; 
and  on  the  occurrences  there,  the 
debates  which  it  elicited,  principally 
turned. 

The  parties  in  the  two  houses. 


*  See  Public  Documents. 


160 


ANNUAL  REGISTER,  1827-8-y. 


arrayed  themselves,  very  much  as 
they  had  done  before  the  formation 
of  Mr.  Canning's  ministry — Mr. 
Brougham,  and  his  associates,  pla- 
cing themselves  with  the  opposition. 
In  conformity  with  the  recom- 
mendation from  the  crown,  Mr. 
Peel,  as  ministerial  leader  in  the 
house  of  commons,  submitted,  on 
the  15th  February,  a  motion  for  the 
appointment  of  a  committee  to  in- 
quire into  the  revenue  and  expen- 
diture of  the  United  Kingdom. — 
The  proposition  was  prefaced  by  a 
statement,  from  whence  the  follow, 
ing  view  of  the  finances,  may  be 
drawn.  The  funded  debt,  in  Janu- 
ary 1826,  was  £777,476,000,  and 
the  unfunded  £34,770,000,  making 
together,  £812,246,000.  The  to- 
tal  annual  charge  for  the  funded, 
and  unfunded  debt,  including  an- 
nuities,wasin  1827,  £29,254,000 ; 
to  which  it  had  been  reduced  from 
£30,270,000,  since  1822  ;  and  from 
£33,679,000,  since  1815.  Even 
the  small  decrease  of  interest,  pay- 
able on  the  public  securities,  which 
had  been  effected  during  twelve 
years  of  profound  peace,  is  to  be 
partly  attributed,  not  to  a  redemp- 
tion of  the  capital ;  but  to  a  conver- 
sion of  five  per  cents.,  and  four  per 
cents.,  into  stocks  bearing  a  lower 
rate  of  interest. 

The  entire  surplus  of  income, 
over  expenditure,  excluding  "the 
naval  and  military  pensions,"  (dead 
weight,)  for  the  five  years,  ending 
in  January,  1828,was£12,000,000. 


The  whole  sum  appropriated  to  ths 
sinking  fund,  during  that  period,  was 
£29,454,000;  being  £17,454,000 
more  than  was  applicable  to  the  re- 
demption  of  the  debt,  without  having 
recourse  to  additional  loans. — ; 
£9,144,000  of  this  deficiency,  was 
obtained  by  the  operation  of  the  act 
of  1822  ;  the  object  of  which,  was 
to  distribute  through  a  great  num. 
her  of  years,  the  burthen  commonly 
called  dead  weight,  which  was  then 
unusually  large,  of  the  naval  and 
military  pensions.  Of  the  remain- 
der, £4,617,000  had  been  furnish- 
ed from  money  borrowed  in  various 
ways;  and  £3,693,000,  by  a  re- 
duction of  the  balance  in  the  ex- 
chequer in  January,  1823,  as  com- 
pared with  the  corresponding  pe- 
riod of  1828.  The  ordinary  expen- 
ses, including  dividends  on  stock, 
had  increased  more  than  two  mil- 
lions, since  1823  ;  having  been,  ir> 
that  year,  £47,692,000;  and  in 
1827,  £49,719,000.  The  real  sur- 
plus of  the  revenue  of  1827,  com- 
pared with  the  expenditure,  was 
stated  to  be  £94,000. 

The  finance  committee,  named 
by  Mr.  Peel,  was  fairly  selected 
from  persons  of  all  parties ;  and 
among  them,  was  even  Mr.  Hume, 
distinguished  as  he  had  been,  for 
invariable  opposition  to  the  mea- 
sures of  the  government.  The 
chairman,  who  was  substituted  to 
Lord  Althorpe,  was  Sir  Henry  Par- 
vele,  a  gentleman  of  the  highest 
character,  and  one  who  had  acqui. 


GREAT  BRITAIN. 


Itii 


red   considerable  reputation  as  a 
political  economist. 

The  objects  proposed  by  the  ap- 
pointment of  this  committee,  were 
the  reduction  of  the  public  expendi- 
ture, and  the  simplification  of  the 
public  accounts.  In  alluding  to  this 
last  branch  of  their  duties,  reference 
was  made  by  Mr.  Peel,  to  the  com- 
paratively clear  and  simple  manner 
in  which  the  accounts  are  kept  in 
France,  and  the  United  States. 

It  may  be  here  proper  to  remark, 
that  the  appointment  of  a  finance 
committee  in  the  British  house  of 
commons,  is  not  a  measure  of  an- 
nual recurrence.  This  was  the 
fifth  one  that  had  set,  the  last  pre- 
ceding committee  having  been 
named  in  1817.  Its  duties  may  be 
rather  assimilated  to  those  of  a 
committee  of  retrenchment;  than 
of  a  committee  of  ways  and  means. 
In  England,  the  estimates  for  the 
different  departments  of  the  ser- 
vice are  laid  on  the  table  by  a  mi- 
nister,  who  belongs  to  the  house  of 
commons,  and  whose  business  it  is 
to  defend  them  in  their  passage 
through  their  various  stages.  There 
are  none  of  the  same  standing  com- 
mittees  there  as  in  congress. 

On  the  10th  of  March,  the  finance 
committee  reported,  that  they  had 
ascertained  that  the  principles  on 
which  annuities  were  granted  were 
decidedly  disadvantageous  to  the 
country,  and,  therefore,  proposed 
the  repeal  of  the  law  on  that  sub- 
ject.  In  this  suggestion  they  ob- 
VOL.HI.  x 


tained  the  assent  of  the  house ;  but 
though  many  specific  retrench- 
ments were  submitted  to  the  consi- 
deration of  parliament,  it  is  be- 
lieved that  none  of  any  importance 
were  carried  into  effect.  The 
committee  was  not  renewed  at  the 
subsequent  session. 

While  we  are  on  the  subject  of 
finances,  it  may  be  observed,  that 
the  chancellor  of  the  exchequer, 
upon  bringing  forward  the  budget 
on  the   llth   of   July,   1828,  sta- 
ted, that  besides  discontinuing  the 
principle  of  the  dead  weight,  it  had 
been   determined    to    reduce   the 
sinking  fund,  to  the  real  excess  of 
income     over    expenditure.       Its 
amount  was  not  made  to  depend  on 
the  varying  balances  in  the  trea- 
sury ;   but  was  settled  at  the  fixed 
sum   of   £3,000,000  per   annum, 
with  the  understanding,  that  those 
to  whom  the  financial  administra- 
tion  of  the  country  might  be  confi- 
ded,  should  have  constantly  in  view 
the  necessity  of  keeping  up  such  a. 
surplus  revenue.     In  the  session, 
however,  of  1829,  the  chancellor  of 
the  exchequer  proposed  the  more 
simple  plan  of  merely  applying,  in 
each  year,  to  the  reduction  of  the 
national  debt,  such  sum  as  should 
be  the  real  excess  of  income  over 
expenditure.      The    sinking   fund 
was  not,  indeed,  retained  with  the 
expectation,  that  it  would  be  possi- 
ble to  make  any  sensible  reduction 
in  the  amount  of  the  debt ;  but,  in 
order  to  have  at  command  a  sur 
21 


ANNUAL  REGISTER,  1827-8-9. 


plus  of  income  over  expenditure,  to 
meet  any  sudden  or  unexpected 
demand.  From  the  budget,  as  ex- 
plained by  the  chancellor  of  the 
exchequer  on  the  9th  of  May, 
1829,  it  appeared,  that  the  reve- 
nue of  1828  was  £55,187,000, 
and  the  expenditure  £49,336,000, 
leaving  a  surplus  of  £5,851,000, 
which  had  accrued  in  that  year. 

The  army  for  1828  was  fixed  at 
116,334  men,  of  whom  25,559 
were  in  India,  and  556  employed 
in  recruiting  for  that  service ;  of 
the  remaining  90,519,  the  distribu- 
tion was  as  follows : 
In  Great  Britain,  26,838 

At  stations  abroad,  other 

than  India,  40,569 

In  Ireland,  23,112 


90,519 

These  numbers  rather  exceeded, 
but  did  not  materially  differ  from, 
those  fixed  for  1827.  The  army 
was,  also,  continued  on  this  foot- 
ing,  without  any  important  va- 
riation,  in  1829. 

For  the  navy,  in  1828,  and  1829, 
as  in  1827,  30,000  men  were  vo- 
ted, being  an  increase  of  11,000 
since  1807,  in  which  year  only 
19,000  were  employed. 

Mr.  Huskisson  soon  had  reason 
to  repent  having  sacrificed  consis- 
tency  to  the  love  of  place.  In 
consequence  of  his  transfer,  during 
the  recess,  from  the  presidency  of 
the  board  of  trade  to  the  office  of 
colonial  secretary,  it  was  necessa. 
ry,  on  the  opening  of  parliament, 


that  he  should  pass  through  the 
ordeal   of  a   new  election  to  the 
house   of   commons.     In  making 
the  explanations,  which  custom  re- 
quired,  to  his  constituents  at  Liver- 
pool,  Mr.  Huskisson  was  reported 
to  have  said,  that  he  had  insisted 
on  receiving,  and  had  obtained  from 
the  Duke  of  Wellington,  positive 
and  special  pledges  and  guaranties, 
that   a  particular  line    of  policy 
should  be  followed,  and  that  his 
Grace  would  tread,  in  all  respects, 
in  the  footsteps  of  Mr.  Canning. 
The  Duke  of  Wellington  imme- 
diately  noticed  these  remarks,  and 
indignantly  repelled  the  idea,  that 
any   pledges    or    guaranties   had 
been  given  by  him  to  any   gen- 
tleman, who  had  taken  office  un- 
der him.     Mr.    Huskisson,   com- 
pelled to  qualify  his  declarations, 
allowed    that    he    had    used  the 
word  guaranty,  but  declared  that 
he  had  meant  to  employ  it  only  in 
the  sense,  that  the  presence  of  his 
friends  in  the  offices,  which  they 
had  held  under  Mr.  Canning,  was 
a  sufficient  understanding  as  to  the 
views,  on  which  the  new  govern, 
ment  was  to  be  conducted. 

Constant  indignities  were  heaped 
on  Mr.  Huskisson  by  the  tory  jour- 
nals,  and  it  was  soon  very  appa- 
rent that,  though  the  Duke  of  Wel- 
lington had  deemed  it  prudent  to 
retain  him  in  the  first  organization 
of  his  cabinet,  and  thus  destroy  his 
character  with  the  opposition  ;  no 
cordial  co-operation  could  be  anti- 
cipated between  men,  whose  de- 


GREAT  BRIT  UN. 


It;: 


clared  views  of  public  policy  were 
of  the  most  opposite  character. 

That  which  was  anticipated,  when 
the  duke's  administration  was  form- 
ed, took  place  the  latter  part  of 
May,  when  Mr.  Huskisson  and  his 
friends  were  obliged  to  withdraw 
from  the  government. 

The   ostensible   ground   of  Mr. 
Huskisson 's  retiring  was,   a  vote 
which  he  found  himself  compelled, 
on   account  of  previous   declara- 
tions, to  give,  to  transfer  to  Birming- 
ham the  right  of  choosing  members 
of  parliament  from  the  borough  of 
East  Retford,  instead  of  merely  ex- 
tending the  franchise  to  the  adjoin- 
ing hundred.     There  were,  at  an 
early   period   of  the  session,   two 
bills  before  parliament,  by  which 
Penryn   and   East    Retford   were 
both  to  be  disfranchised  ;  and  the 
friends  of  gradual  reform  were  de- 
sirous to  avail  themselves   of  the 
opportunity,  to  give  a  representation 
to  the  two  populous  towns  of  Man- 
chester   and    Birmingham.     This 
was  resisted  by  the  landed  interest ; 
but  a  compromise  was  proposed, 
by  which    the    representation    of 
Penryn  was  to  go  to  Manchester, 
and  that  of  East  Retford  to  be  ex- 
tended to  the  hundred,  or,  in  other 
words,  placed  under  the  control  of 
the  Duke  of  Newcastle.     The  bill 
in  favour  of  Manchester  was  pass- 
ed, and  sent  to  the  lords ;  but,  be- 
fore the  second  case  was  disposed 
of  in  the  commons,  it  was  found 
that  the  house  of  peers  would  not 


consent   to  disfranchise   Penryn ; 
and  Mr.  Huskisson,  who  had  said, 
that  if  there   had  been  only  one 
corrupt  borough  to  deal  with,  he 
would  have  been  in  favour  of  trans- 
ferring  its  representation  to  a  ma- 
nufacturing town,  was  called  on  to 
redeem  his  pledge.     Finding  him- 
self  bound  by  his  promise,  to  act  in 
opposition  to-  the  determination  of 
the  cabinet,  and   to   vote   against 
Mr.  Peel,  his  parliamentary  leader, 
he,  as  a  necessary  consequence, 
placed  his  office  at  the  disposition 
of  the   head  of  the   government. 
In  the  course  of  the  proceedings 
to  which  this  gave  rise,  the  friends 
of  the  colonial  secretary  had  to  re- 
gret several  humiliating  acts,  hav- 
ing  for  their  object  the  preserva- 
tion of  his   public  station,  by  ex- 
plaining away  the  proffer  of  his  re- 
signation.    In  fact,  Mr.  Huskisson 
did  not  intend,  by  making  a  tender 
of  his  office,  that  the  resignation 
should  be  accepted ;  but   he  had 
flattered  himself  with  the  expecta- 
tion, that  the  apprehension  of  losing 
his  services  would  increase  his  fu- 
ture consideration  with  the  cabinet. 
The  proffered  resignation  was, 
however,  seized  on  with  an  avidity 
which  proved  that   the    Duke   of 
Wellington    was    anxious  for  an 
apology  to  rid  himself  of  an  asso- 
ciate,  who  could  no  longer  make  a 
dangerous  enemy,  and  for  whom 
he  had  never  felt  any  cordial  at- 
tachment.    This  feeling  also  pre- 
vailed, in  a  greater  or  less  degree, 


164 


ANMAL  REGISTER,  1827-8-9. 


towards  the  other  members  of  the 
cabinet,  who  had  served  under 
Mr.  Canning  and  Lord  Goderich. 

Mr.  Grant,  in  introducing  the 
new  corn  bill,  in  which  the  duties 
were  higher  than  in  the  corres- 
ponding clauses  of  the  proposed 
act  of  the  last  year,  caused  it  to 
be  distinctly  understood,  that  it  was 
not  the  law  that  he  would  have  de- 
sired ;  while  the  Duke  of  Wel- 
lington intimated  that,  for  very  op. 
posite  reasons  to  those,  which  had 
influenced  the  remark  of  his  col- 
league in  the  lower  house,  it  had 
not  his  unqualified  approbation. — 
The  irreconcilable  difference  be- 
tween Mr.  Huskisson's  speech  to 
his  constituents,  and  the  declara- 
tion of  the  prime  minister,  in  the 
house  of  Lords,  could  not  well  be 
forgotten ;  and  though  the  admi- 
nistration, from  time  to  time,  pro- 
fessed its  determination  to  abide 
by  its  engagements  with  foreign 
powers,  there  is  a  vast  difference 
between  the  negative  character  of 
the  measures  which  it  adopted,  and 
the  carrying  into  effect  of  Mr.  Can- 
ning's plans,  in  the  bold  and  lofty 
spirit  in  which  they  were  conceived. 

The  resignations  of  Mr.  Grant, 
the  president  of  the  board  of  trade  ; 
of  the  Earl  of  Dudley,  secretary 
for  foreign  affairs ;  and  of  Lord 
Palmerston,  secretary  of  war,  fol- 
lowed that  of  Mr.  Huskisson. — 
Mr.  Fitzgerald,  then  pay-master 
general  of  the  forces,  and  an  old 
diplomatist,  was  appointed  to  suc- 


ceed Mr.  Grant.  Lord  Aberdeen 
was  transferred  to  the  foreign  of- 
fice,-and  Sir  George  Murray,  who 
had  been  quarter-master  general 
in  the  Peninsula,  under  the  Duke  of 
Wellington,  was  made  colonial  se- 
cretary. Neither  the  new  secre- 
tary of  war,  nor  Lord  Aberdeen's 
successor  as  chancellor  of  the 
Duchy  of  Lancaster,  had  seats 
in  the  cabinet. 

Another  important  change  in  the 
government  took  place  in  the 
course  of  the  summer,  in  conse- 
quence of  the  forced  resignation 
of  the  Duke  of  Clarence,  as  lord 
high  admiral.  Though  this  occur- 
rence produced  but  little  sensation 
at  the  time,  and  was  justified  by 
the  repeated  indiscretions  of  the 
royal  incumbent,  the  ease  with 
which  the  Duke  of  Wellington  dis- 
posed of  the  heir  presumptive  of 
the  throne,  was  no  slight  indica- 
tion of  the  firmness  of  his  charac- 
ter, as  well  as  of  his  influence 
with  the  king  and  people.  By  put- 
ting the  vacant  office  in  commis- 
sion, and  placing  at  its  head  a  ca- 
binet minister,  the  patronage  of 
the  navy  was  restored  to  the  cabi- 
net. The  command  of  the  army, 
rendered  vacant  by  the  resigna- 
tion of  the  Duke  of  Wellington, 
had  been  given  to  General  Lord 
Hill,  an  officer  who  had  been 
greatly  distinguished  in  the  Penin- 
sula, and  at  Waterloo,  and  who  was 
supposed  to  be  under  the  entire 
influence  of  his  former  leader, 


GREAT  BRITAIN. 


165 


Even  before  Mr.  Huskisson  re- 
tired  from  the  government,  a  case 
occurred   in    which   the    ministry 
found  themselves  in  the  minority. 
In  the  commons,    on  the  26th  of 
February,  Lord  John  Russell  mo- 
ved, "  that  the   house  shpuld  re- 
solve   itself  into  a   committee  of 
the  whole  house,  to  consider  of  so 
much  of  the  acts  of  the  13th  and 
25th  of  Charles  II.,   as  requires 
persons,  before  they  are  admitted 
into  any  office  or  place  in   corpo- 
rations,  or  having  accepted  any 
office,   civil    or    military,   or  any 
place  of  trust  under  the  crown,  to 
receive  the  sacrament  of  the  Lord's 
supper,  according  to  the  rites  of 
the  church  of  England."     These 
acts  had  been  originally  designed 
against  Roman  Catholics  ;  though 
as  this  obnoxious  sect  was  exclu- 
ded  from  office   by  other  means, 
their  bearing   was  now  consider- 
ed to    be   solely   against  dissent- 
ers.    Their  effect  was,  however, 
avoided  by  annual  indemnity  acts, 
which  had  been  constantly  passed 
during  eighty-five  years  ;  the  pro- 
fessed object  of  which  was,  to  re- 
lieve  those  who  had  accepted  of- 
fice, without  having  taken  the  sa- 
crament, from  the  penalties  of  the 
omission ;  and  there  were,  in  fact, 
many  dissenters,  both  in  parliament 
and  important  public  stations.  The 
opposition  to  the  motion  was  con- 
ducted, on  the  part  of  the  minis- 
ters, by  Mr.  Huskisson  and  Mr. 
Peel,  though  their  respective  ob. 


jections  were  placed  on  very  dif. 
ferent  grounds.     The  former,  an 
advocate  for  Catholic  claims,  was 
afr  id  that   the  removal  of  these 
mere  nominal  disabilities  from  the 
dissenters,  might  injure  the  pros, 
pect  of  carrying  that  more  import- 
ant measure  ;  while  the  latter  con- 
sidered  the  maintenance   of   the 
existing  laws  essential  to  the  pro. 
per    preponderance   of  the    esta- 
blished  church.      On    a   division, 
the  motion  was  carried  by  a  majo- 
rity of  44,  the   ayes   being   237, 
and  the  noes  193.     When  the  sub- 
ject was  again  considered,  minis, 
ters  asked  for  a  delay,  in  order  to 
enable  them  to  submit  some  mea- 
sure short  of  the  absolute  repeal. 
This  being  objected  to,  Mr.  Peel 
and  the  other  ministers   left   the 
house,  before  the  question  was  ta^ 
ken,  in  a  manner  which  indicated 
great  mortification  at  the  unavail- 
ing   result    of    their     opposition. 
Ultimately,  however,   the  cabinet 
proposed,  with  success,  that  in  lieu 
of  the  existing  test,  a  simple  de- 
claration, not  to  use  the  power  or 
influence  of  their  places   against 
the  established  church,  should  be 
taken  by  all  persons  holding  offices 
under  corporations,    and,   on   his 
majesty's,  requiring  it,  from  all  per- 
sons   holding    offices    under    the 
crown.   This  decision  was  deemed 
a  great  triumph  by  the  friends  of 
civil  and  religious  liberty,  and  was, 
no  doubt,  well  calculated  to  pre- 
pare the  way  for  the  more  import. 


160 


ANNUAL  REGISTER,  1827-8-9. 


ant  measures  of  the  following  ses- 
sion. 

The  Catholic  question  was 
brought  forward  on  the  8th  of 
May,  by  a  motion  from  Sir  Fran, 
cia  Burdett,  that  the  house  should 
resolve  itself  into  a  committee  of 
the  whole  on  that  subject.  This 
proposition  prevailed,  by  a  majority 
of  six  votes  ;  and  in  the  committee, 
a  resolution,  in  the  following  words, 
was  agreed  to :  "  That  it  is  expe- 
dient to  consider  the  laws  affecting 
his  majesty's  Roman  Catholic  sub- 
jects, with  the  view  of  effecting 
such  a  final  adjustment  of  them,  as 
may  be  conducive  to  the  peace  and 
strength  of  the  United  kingdom, 
the  stability  of  the  Protestant  esta- 
blishment, and  the  general  satis- 
faction and  concord  of  all  classes." 
Instead,  however,  of  introducing  a 
bill  to  that  effect,  it  was  determined 
to  ascertain,  in  the  first  instance, 
if  the  opinion  of  the  house  of 
lords  coincided  with  that  of  the 
commons.  Accordingly,  the  re- 
solution was  communicated  to  their 
lordships  in  conference  ;  that  is  to 
say,  a  committee  of  the  house  of 
commons  delivered  to  managers, 
named  on  behalf  of  the  lords,  a 
copy  of  the  resolution,  without  dis- 
cussion. The  debate  in  the  peers, 
on  a  motion  to  agree  to  the  re- 
solution of  the  other  house,  lasted 
two  days,  and  was  terminated  by 
the  Duke  of  Wellington,  who  con- 
sidered the  question  merely  as  one 
of  expediency,  and  grounded  his 


opposition  to  emancipation,  not  on 
doctrinal  points,  but  on  the  church 
government  of  the  Roman  Catho- 
lics. The  motion  to  concur  in  the 
vote  of  the  commons  was  lost  by 
a  majority  of  44 ;  the  contents 
being  137,  and  the  non-contents 
181.  • 

Whilst  these  proceedings  were 
taking  place  in  England,  the  Irish 
Catholics  were  adopting  measures, 
to  secure  for  themselves  the  attain- 
ment of  the  great  object  of  their  de- 
sires. They  had  formed  an  asso- 
ciation,  whose  influence  was  felt 
throughout  the  whole  kingdom ; 
they  collected  a  catholic  rent,  to 
which  the  poorest  tenant  willingly 
contributed,  and,  at  the  same  time, 
were  so  cautious  in  their  mode  of 
opposition,  as  to  afford  no  opportu- 
nity for  the  interference  of  the  go- 
vernment. A  law,  passed  in  1826, 
for  its  suppression,  in  common  with 
that  of  similar  societies,  had  only 
affected  a  change  in  the  forms  of 
the  "  association." 

A  vacancy  occurring  in  the  re- 
presentation of  the  county  of  Clare, 
in  consequence  of  the  appointment 
of  Mr.  Fitzgerald  to  the  board  of 
trade,  afforded  an  opportunity  of 
proving  the  full  extent  of  the  catho- 
lie  combination.  Mr.  Fitzgerald 
had  always  been  an  advocate  for 
the  repeal  of  the  disqualifying  acts  ; 
but  he  had,  in  the  opinion  of  the  as. 
sociation,  been  guilty  of  an  unpar- 
donable offence,  in  accepting  office 
under  the  Duke  of  Wellington .  Mr. 


GREAT  BRITAIN. 


167 


O'Connell,  an  Irish  barrister  ofgreat 
popularity,  was,  though  a  Catholic, 
announced  as  the  opposing  candi- 
date, he  avowing  his  firm  belief  that 
he  could  sit  and  vote  without  taking 
the  oaths  imposed  for  the  exclusion 
of  his  sect.  On  the  part  of  the 
peasantry,  as  well  as  of  the  priests, 
the  contest  was  regarded  as  one 
closely  connected  with  their  reli- 
gion,  and  no  exertions  were  want, 
ing  to  bring  to  the  polls,  all  over 
whom  the  catholic  church  could  ex- 
ercise  an  influence.  As,  in  Ireland, 
the  right  of  suffrage  extended  to  all 
forty-shilling  freeholders,  and  as 
leases  for  life  had  been  multiplied 
in  the  greatest  abundance  by  land- 
lords, in  order  to  increase  their 
own  power,  the  number  of  electors 
open  to  the  influence  of  their 
priests,  bore  an  overwhelming  pro- 
portion to  that  of  all  other  persons 
entitled  to  vote.  Mr.  O'Connell 
was  chosen  by  a  great  majority  ; 
and,  from  the  indications  afforded 
by  this  election,  it  was  evident, 
that  should  the  obnoxious  oaths  be 
retained,  and  be  exacted,  Ireland 
would  be  left  without  a  representa- 
tion. The  opinion,  indeed,  began 
to  be  generally  entertained,  that  a 
compliance  with  the  Catholic  de- 
mands was  inevitable.  Though 
Mr.  O'Connell  was  elected  during 
the  session,  he  did  not  consider  it 
advisable  to  present  himself  in  the 
house  of  commons  before  the  pro- 
rogation,  and  thus  a  discussion  as 


to  his  eligibility,  without  taking  the 
oaths,  was  avoided. 

By  the  attentive  observer,  much 
might  have  been  gleaned  from 
the  remarks  of  the  Duke  of  Wel- 
lington, in  the  Catholic  debate 
in  the  house  of  lords,  to  lead  to 
the  supposition  that  the  settle- 
ment of  this  long  contested  mat- 
ter would  occupy  his  early  consi. 
deration  ;  and  though  the  king  was 
silent  as  to  Ireland,  in  his  speech 
proroguing  parliament  on  the  28th 
of  July,  1828,*  at  that  time,  a 
very  general  impression  prevailed 
among  those  best  acquainted  with 
the  views  of  the  government,  that, 
at  the  ensuing  session,  some  plan 
of  reconciliation  would  be  adopted, 
which,  while  it  removed  all  practi- 
cal  grievances  from  the  Catholics, 
would,  in  order  to  satisfy  the  esta- 
blished church,  contain  securities 
analogous  to  the  declaration  im- 
posed on  the  dissenters,  when  the 
test  and  corporation  acts  were  re- 
pealed.  These  anticipations  were 
greatly  strengthened,  by  a  speech 
at  a  public  dinner  at  Londonderry, 
on  the  12th  of  August,  from  Mr. 
Dawson,  one  of  the  county  mem- 
bers,  who,  being  the  brother-in-law 
of  Mr.  Peel,  and  the  official  secre- 
tary of  the  Duke  of  Wellington, 
was  believed  to  express  the  views 
of  government.  This  gentleman, 
who  had  been  one  of  the  most  ve- 
hement opponents  of  the  Catholics, 
on  this  occasion  declared,  that  his 


*  See  Public  Documents, , 


108 


ANNUAL  REGISTER,  1827-8-9. 


sentiments  were  changed,  and  that 
the  Irish  ought  to  be  conciliated,  by 
parliament's  granting  the  emanci- 
pation demanded. 

Before  the  election  in  Clare  oc- 
curred, the  act  against  illegal 
meetings  in  Ireland  had  expired 
by  its  own  limitation,  and  the  asso- 
ciation, which  had  never  been 
much  affected  by  it,  had  re-assem- 
bled in  its  original  form.  By  this 
body,  in  fact,  were  all  the  powers 
of  government  assumed — the  peo- 
ple were  tranquil  arid  quiet,  not  in 
consequence  of  dread  of  the  law, 
but  as  a  matter  of  expediency,  re- 
commended by  their  rulers,  to 
whom  they  paid  voluntary  obe- 
dience, as  the  people  of  this  coun- 
try did  to  the  committees  of  public 
safety,  when  resistance  to  England 
first  began  to  be  organized.  In 
case  of  an  apprehended  riot,  the 
proclamation  of  the  lord  lieuten- 
ant only  followed  the  recommen- 
dation  of  the  association. 

That  this  state  of  things  could 
not  last,  was  admitted  by  all ;  but 
the  high  church  party  were  unwil- 
ling to  yield,  without  at  least  making 
a  strong  effort  for  victory.  To  in- 
fluence the  government,  and  coun- 
teract the  Catholic  association,  the 
old  Orange  lodges  were  revived  ; 
and  Brunswick  clubs,  a  name  in. 
tended  to  recall  the  circumstances 
under  which  the  present  reigning 
family  ascended  the  throne,  were 
established  in  various  parts  of  Ire- 
land, and  even  extended  to  Eng- 


land. A  great  meeting  was  like* 
wise  held  in  the  month  of  October, 
in  the  county  of  Kent,  for  the  pur- 
pose of  arousing  the  friends  of  the 
established  church.  An  important 
incident  in  the  affairs  of  Ireland, 
was  the  following  letter,  addressed 
on  the  llth  of  December,  by  the 
Duke  of  Wellington,  to  the  titular 
primate  of  Ireland,  in  answer  to 
one  from  the  archbishop. 

"  My  dear  sir — I  have  received 
your  letter  of  the  4th  instant,  and 
I  assure  you  that  you  do  me  jus- 
tice in  believing  that  I  am  sincerely- 
anxious  to  witness  the  settlement 
of  the  Roman  Catholic  question, 
which,  by  benefiting  the  state, 
would  confer  a  benefit  on  every 
individual  belonging  to  it.  But  I 
confess  that  I  see  no  prospect  of 
such  a  settlement.  Party  has  been 
mixed  up  with  the  consideration  of 
the  question  to  such  a  degree,  and 
such  violence  pervades  every  dis- 
cussion of  it,  that  it  is  impossible 
to  expect  to  prevail  upon  men  to 
consider  it  dispassionately.  If  we 
could  bury  it  in  oblivion  for  a  short 
time,  and  employ  that  time  dili- 
gently in  the  consideration  of  its 
difficulties  on  all  sides,  (for  they  are 
very  great,)  I  should  not  despair 
of  seeing  a  satisfactory  remedy." 

This  note  was  communicated  to 
the  Lord  Lieutenant,  who  dissuad- 
ed the  Catholics  from  following  the 
Duke  of  Wellington's  recommen- 
dation, to  refrain  from  agitation. 
In  consequence  of  the  advice  of 


GREAT  BRITAIN.  ld» 

the  Marquis  of  Anglesea,  which  men,  who  embraced  that  occasion, 
was  also  made  public,  he  was  re-  publicly  to  renew  the  assurances  of 
called  from  his  government ;  a  cir-  their  attachment  to  the  cause  ;  and 
cumstance  which  served  as  the  a  protestant  declaration  in  favour 
signal  for  renewed  clamours  on  the  of  catholic  emancipation  was  sign- 
part  of  the  Irish,  and  was  received  ed  by  2  dukes,  7  marquisses,  28 
with  particular  regret,  by  the  friends  earls,  11  viscounts,  24  barons  and 
of  emancipation,  as  seeming  to  other  lords,  22  baronets,  36  mem- 
close  the  door  to  all  hopes  of  im-  bers  of  Parliament,  and  2000  gen- 
mediate  relief.  They  were,  how-  tlemen; 

ever,  urged  by  it  to  more  effectual  In  parliament,  as  well  as  in  pub- 
exertions.  A  great  meeting,  at  lie  opinion,  the  catholic  question 
which  the  Duke  of  Leinster,  the  only  had  gradually,  though  slowly,  gain- 
nobleman  having,  in  the  Irish  peer-  ed  supporters  and  strength,  by  the 
age,  the  title  of  the  highest  grade,  lapse  of  time.  Its  progress  in  par- 
presided,  was  held  in  Dublin,  on  liament,  since  1805,  when  Mr.  Fox 
20th  January,  1829.  Letters  were  moved  for  a  committee  to  take  into 
read,  addressed  to  the  chairman,  consideration  the  catholic  claims, 
from  many  noblemen  and  gentle-  may  be  seen  by  the  note  below.* 

*  That  yea r'(l 805)  the  majority  against  the  measure  was  212.  From  that  lime,  to 
the  year  1812,  the  subject  was  frequently  brought  before  parliament,  but  met  with  a 
decided  yet  decreasing  majority.  In  June,  1812,  Mr.  Canning's  motion  to  appoint 
a  committee,  passed  the  house,  but  was  rejected  in  the  lords,  by  a  majority  of  one. 

1822.  April  30.     Mr.  Canning's  motion  for  a  bill  to  enable  Catholic  peers  to  sit  in 
the  upper  house  was  carried, — ayes  249,  noes  244. 

May  13. — Second  reading  of  the  bill, — ayes  235,  noes  223. — Majority  for  th6 
bill,  12. 

May  17. — Bill  passed  without  a  division. 

June  21. — In  the  house  of  lords.  Second  reading  of  the  bill.  Contents,  129; 
noncontents,  171. — Majority  against  the  bill,  42.  Bill  thrown  out. 

1823.  April  18.     Mr.  Plunkett  made  a  motion,  for  a  committee.     Sir  F.  Burdett, 
and  several  other  whigs,  abruptly  left  the  house.     Motion  met  by  a  counter-motion, 
for  an  adjournment.     Ayes  313,  noes  111. — Majority  against  the  Catholics,  202. 

1824.  Question  not  brought  forward.  * 

1825.  February  28.     Sir  Francis  Burdett  moved  for  a  committee. — ayes  247, 
noes  234. — Majority  for  the  Catholics,  13. 

April  22  Second  reading  of  the  bill, — ayes  268,  noes  241. — Majority  for  tk« 
Catholics,  27. 

May  10.  Third  reading  of  the  bill — ayes  248,  noes  227. — Majority  for  the  Catho- 
lics, 21.  Bill  passed. 

May  17.  In  the  house  of  lords.  Contents  130,  noncontents,  178. — Majority 
against  the  Catholics. — Bill  thrown  out. 

1826.  Question  was  not  brought  forward. — Parliament  dissolved. 

1827.  New  parliament. — March  5.      Sir  Francis  Burdett  moved    for    a   com- 
mittee—ayes 272,  noes  276.— Majority  against  the  Catholics,  4. 

1828.  May  12.      Sir  Francis  Burdett  moved  for   committee — ayes   272,   noes 
266. — Majority  for  the  Catholics,  6. 

June  11.     Houae  of  lords.    Contents  137,  noncontente,  182. — Majority  against 
th»  motion,  45. 
VOL,  HI,  22 


170 


ANMJAL  REGISTER,  1827-3-9. 


The  duke  of  Wellington  had  de- 
clared, that  he  would  never  sup- 
port  the  catholic  claims,  unless 
they  were  taken  up  as  a  measure 
of  government.  The  present  cabi- 
net, like  all  which  had  existed 
during  thirty-five  years,  was  form- 
ed on  the  principle  of  indepen- 
dence on  this  question ;  that  is  to 
say,  the  ministers  were  free  to 
vote  and  speak  on  it,  according  to 
their  convictions,  while  in  other 
cases  they  are  bound  to  support 
the  views  of  the  Premier.  The 
opinions  of  Mr.  Peel  had  been  so 
unequivocally  expressed  against  all 
concession,  and  he  had  shown  so 
fully  the  importance  which  he  at- 
tached to  catholic  exclusion,  by 
refusing  to  serve  under  Mr.  Can- 
ning, for  the  sole  avowed  reason, 
of  a  difference  of  views  from  him, 
on  that  matter,  that  it  was  suppos- 
ed his  resignation  must  precede 
any  measure  looking  to  the  admis- 
sion of  Papists  to  power.  Of  the 
change,  however,  that  had  been 
operating  on  the  minds  of  ministers, 
the  speech  of  Mr.  Dawson,  already 
alluded  to,  afforded  some  indica- 
tion. 

A  greater  difficulty  to  be  sur- 
mounted, was  the  royal  prejudi- 
ces. The  former  king,  had  be- 
lieved that  he  was  forbidden  by 
the  words  of  the  coronation  oath, 
from  assenting  to  any  measure, 
admitting  catholics  to  the  legisla- 
and  this  sentiment  had  been 


strongly  expressed  by  the  late  duke 
of  York,  and  was  supposed  to  be 
entertained  even  by  George  IV. 
Indeed,  after  the  passage  of  the 
Catholic  bill,  when  explanations 
took  place  respecting  the  cause  of 
the  sudden  recall  of  the  Marquis 
of  Anglesea,  immediately  on  the 
publication  of  his  letter  to  Dr.  Cur- 
tis, this  unpopular  measure  was 
ascribed  to  the  feelings  of  the  king, 
whom  it  was  necessary  to  propitiate 
'on  a  subject  "  of  which,"  to  use  the 
duke  of  Wellington's  words,  "  he 
never  hears,  nor  never  thinks,  with- 
out  being  disturbed  by  it." 

At  the  opening  of  parliament, 
on  the  5th  of  February,  1829,  the 
settlement  of  the  catholic  question 
was  proposed  in  the  royal  speech,* 
and  the  duke  of  Wellington  decla- 
red in  his  place  in  the  lords,  that  the 
removal  of  all  disabilities  under 
which  the  catholics  laboured,  with 
the  exception  of  those  resting  on 
special  grounds,  was  intended. 
Mr.  Peel,  in  the  commons,  said 
that  he  retained  the  same  opinions 
as  ever  on  this  question,  but  that 
he  considered,  looking  to  the  state 
of  the  country,  the  granting  of  the 
claims  to  be  inevitable  ;  men  were 
obliged  to  yield  to  the  necessities 
of  the  times  ;  great  inconvenience 
had'  arisen  from  a  divided  admini- 
stration, and  no  government  could 
be  formed  on  the  principle  of  per. 
manent  resistance.  In  conse- 
quence of  his  determination  to 


See  Public  Documents. 


GREAT  BRITAIN. 


17  J 


support  catholic  emancipation, 
Mr.  Peel  resigned  his  seat  for  the 
university  of  Oxford,  which  had 
repeatedly,  and  this  year  by  a 
majority  of  three  to  one,  petitioned 
against  all  further  concession.  He 
stood  for  a  re-election,  but  his 
apostacy  from  a  cause,  with  which 
he  had  been  long  identified,  led  to 
his  rejection,  and  he  was  obliged 
to  be  content  with  the  representa- 
tion of  a  treasury  borough. 

Before  bringing  forward  the 
Catholic  relief  bill,  an  act  for  the 
suppression  of  the  association  was 
introduced.  It  extended  in  terms 
to  all  similar  meetings,  but  the 
power  of  interfering  respecting 
them,  was  placed  in  the  lord 
lieutenant,  direct,  and  the  law  was 
to  be  only  of  one  year's  duration. 
The  Catholic  Association  anticipa- 
ted its  operation,  and  voluntarily 
dissolved  itself,  before  the  act  was 
passed  through  its  several  stages. 

On  the  12th  March,  1829,  Mr. 
Peel  moved  to  go  into  a  committee 
on  the  relief  bill.  The  only  offices 
which  it  did  not  open  to  the  Roman 
Catholics,  are  those  of  Regent  of 
the  United  Kingdom,  of  Lord  Lieu- 
tenant  of  Ireland,  Lord  High  Chan- 
cellor,  Lord  Keeper,  or  Lord  Com- 
missioner of  the  great  seal  of  Great 
Britain  or  Ireland.  Appointments 
to  the  Universities,  and  any  church 
patronage  which  a  catholic  might 
possess,  by  virtue  of  his  property 
or  situation,  are  vested  in  the 
crown.  Catholics  are  not  to  ad- 


vise  the  crown,  as  to  the  distribu- 
tion of  any  ecclesiastical  dignities. 
The  act  also  contains  provisions, 
preventing  the  assumption  by  the 
Roman  Catholic  bishops  of  the 
titles  belonging  to  the  English 
hierarchy ;  and  members  of  religious 
communities  were  i-equired  to  be  re- 
gistered ;  but  there  was  no  arrange- 
ment with  the  Pope,  as  to  the 
nomination  of  bishops,  no  stipend  to 
be  paid  to  the  Roman  Catholic 
clergy,  and  no  supervision  of  their 
correspondence  with  the  Holy  See. 

By  the  old  law,  every  member 
of  parliament  was  obliged  to  take 
the  oath  of  allegiance  and  supre- 
macy, and  to  make  the  declaration 
that  there  is  no  transubstantiation 
in  the  elements  after  consecration ; 
and  that  the  sacrifice  of  the  mass, 
and  the  invocation  of  the  saints,  as 
used  in  the  church  of  Rome,  are 
impious  and  idolatrous.  For  these 
requirements  was  substituted  an 
oath,  which,  from  the  interest  that 
the  subject  has^  excited,  as  well  in 
this  country  as  in  Europe,  may, 
with  propriety,  be  here  inserted  en- 
tire. 

"I,  A.  B.,  do  sincerely  promise 
and  swear,  that  I  will  be  faithful, 
and  bear  true  allegiance  to  his  ma- 
jesty King  George  the  Fourth,  and 
will  defend  him  to  the  utmost  of 
my  power,  against  all  conspiracies 
and  attempts  whatever,  which  shall 
be  made  against  his  person,  crown, 
or  dignity ;  and  I  will  do  my  ut- 
most  endeavour  to  disclose  and 


ANNUAL  REGISTER,  1827-8-9. 


make   known  to  his  majesty,  his 
'heirs  and   successors,  all  treasons 
and  traitorous  conspiracies  which 
may  be  formed  against  him  or  them; 
and    I    do    faithfully    promise   to 
maintain,  support  and   defend,  to 
the  utmost  of  my  power,  the  suc- 
cession of  the  crown,  which  sue- 
pession,   by   an  act,  entitled  '  an 
act  for  the  farther  limitation  of  the 
crown,  and   better    securing    the 
rights  and  liberties  of  the  subject,' 
is,  and  stands  limited  to  the  Prin- 
cess Sophia,  Electress  of  Hanover, 
and  the  heirs   of  her  body,  being 
Protestants;     hereby    utterly    re- 
nouncing  and   abjuring  any  obe- 
dience or  allegiance  unto  any  other 
person   claiming  or  pretending  a 
right  to  the  crown  of  these  realms ; 
and  I  do  further  declare,  that  it  is 
not  an  article  of  my  faith,  and  that 
I  do  renounce,  reject,  and  abjure, 
the  opinion,  that  princes,  excom- 
municated or  deprived  by  the  pope, 
or  any  other  authority  of  the  see 
of  Rome,  may  be  deposed  or  mur- 
dered by  their  subjects,  or  by  any 
person  whatsoever.    And  I  do  de- 
clare, that  I  do  not  believe  that  the 
Pope  of  Rome,  or   any   other  fo- 
reign prince,  prelate,  person,  state 
or  potentate,  hath,  or  ought  to  have, 
any  temporal  jurisdiction,  power, 
superiority;   or   pre-eminence,  di- 
rectly   or    indirectly,    within    this 
realm.     I  do  swear,  that  I  will  de- 
fend, to  the  utmost  of  my  power, 
the  settlement  of  property  within 
this  realm,  as  established  bv  the 


laws:  and  I  do  hereby  disclaim, 
disavow,  and  solemnly  abjure,  any 
intention  to  subvert  the  present 
church  establishment,  as  settled  by 
law  within  this  realm  :  and  I  do  so- 
lemnly swear,  that  I  never  will  ex- 
ercise any  privilege  to  which  I  am, 
or  may  become  entitled,  to  disturb 
or  weaken  the  Protestant  religion, 
or  Protestant  government,  in  this 
kingdom.  And  I  do,  solemnly,  in 
the  presence  of  God,  profess,  tes- 
tify  and  declare,  that  I  do  make 
this  declaration,  and  every  part 
thereof,  in  the  plain  and  ordinary 
sense  of  the  words  of  this  oath, 
without  any  evasion,  equivocation, 
or  mental  reservation  whatsoever.'" 

There  was  connected  with  this 
measure  one  of  no  inconsiderable 
importance,  by  which  it  was  hoped 
still  to  retain  the  political  ascen- 
dency to  the  protestants  in  Ireland, 
who,  though  numerically  a  small 
minority,  possessed  a  large  portion 
of  the  property.  This  was  to  be  ef- 
fected by  raising  the  freehold  suf- 
frage from  40  shillings  to  £10;  and 
so  connected  were  the  two  bills,  that, 
for  fear  of  endangering  the  other, 
the  whigs  and  liberals  supported 
the  disfranchising  act,  which  pass- 
ed into  a  law,  only  17  members 
voting  against  it  in  the  commons. 

It  being  now  distinctly  under- 
stood that  the  Catholic  question 
was  a  government  measure,  mem- 
bers of  parliament  who  held  offi- 
ces, knowing  the  certain  effect  of 
their  opposition,  generally  support- 


GREAT  BRITAIN. 


ed  it ;  and  on  the  motion  to  go  into 
a  committee,  the  votes  were  348  to 
160.  At  the  subsequent  stages 
they  were  353  to  173,  and  320  to 
142,  the  last  being  the  numbers  on 
the  final  passage  of  the  bill,  on  the 
31st  of  March. 

In  the  house  of  lords,  the  Duke 
of  Wellington  brought  forward  the 
consideration  of  the  bill  on  the  3d 
of  April,  and  it  having  passed  by  a 
vote  of  217  to  112,  and  received 
the  royal  assent,  became  a  law  of 
the  land  on  the  13th  of  the  same 
month.  During,  its  pendency  in 
the  peers,  all  the  royal  princes, 
then  in  England,  took  part  in  the 
discussion:  the  Pukes  of  Clarence, 
Sussex,  and  Gloucester,  support- 
ing, and  the  Duke  of  Cumberland, 
who,  by  his  tainted  character,  not 
less  than  his  high  church,  and  high 
tory  principles,  had  been  deserved- 
ly rendered  unpopular,  opposing  it. 
The  two  archbishops,  and  a  consi- 
derable portion  of  the  bishops,  also 
resisted  the  measure,  which  was 
about  to  admit  a  hostile  sect  to  a 
participation  of  political  power. 
The  ex. chancellor,  Lord  Eldon, 
was  zealous  in  his  exertions  to  pre- 
serve the  existing  order  of  things. 

In  consequence  of  his  maintain- 
ing his  consistency,  the  attorney 
general  was  removed  from  office, 
and  minor  changes  were  etfected 
in  various  departments.  The  Duke 
of  Wellington  is  reported  to  have 
replied  to  one  of  the  ministers, 
who  requidted  permission  to  be 


neutral,  "  Yes,  your  lordship  may 
be  as  neutral  as  you  like.  But, 
however  Lord  Viscount  Beresford 
may  vote,,  the  KING'S  master  gene- 
ral will  be  pleased  to  vote  in  sup- 
port of  his  majesty's  government." 
It  was  even  said  of  Mr.  Peel,  that 
he  had  been  anxious  to  obtain  the 
premier's  consent  to  resign,  and  to 
return  to  office  after  the  act  was 
passed.  This  proposition,  of  course, 
was  not  listened  to. 

Thus  that  great  measure,  which 
Mr.  Pitt  failed  to  accomplish,  which 
Fox  and  Grenville  united  had  not 
confidence  to  carry,  which  was  the 
indirect  cause  of  Canning's  death, 
was  effected  almost  without  a  strug- 
gle by  the  victor  of  Napoleon.  In- 
deed, it  may  well  be  questioned, 
whether  any  minister  save  the  no- 
ble duke,  could  have  combined,  by 
procuring  the  assent  of  the  king, 
and  neutralizing  the  church  influ- 
ence, and  that  of  the  high  aristo- 
cracy  of  the  country,  the  support 
necessary  to  pass  the  catholic  re- 
lief bill  into  a  law. 

Though  the  act  granting  catho- 
lic emancipation  has  been  assimi- 
lated to  the  revocation  of  the  edict 
of  Nantes  by  Henry  IV.  ;  and 
though  its  immediate  and  direct  ef- 
fects have  been  in  the  highest  de- 
gree beneficial,  the  consequences 
that  are  to  result  from  the  repeal, 
during  the  two  last  sessions,  of  the 
disabilities  affecting  the  various 
classes  of  dissenters  from  the 
church,  may  well  present  a  subject 


174 


ANNUAL  REGISTER,  1827-8-9. 


for  serious  consideration.  All  the 
parts  of  the  English  system  are  so 
arranged,  that  it  is  difficult  to  alter 
it  in  any  particular,  without  the  in- 
fluence of  the  change  being  felt  in 
the  remotest  quarters.  The  regu- 
lations as  to  primogeniture  are 
made  perfectly  convenient  to  the 
members  of  an  aristocratic  family, 
in  consequence  of  the  different  pla. 
ces  in  the  church  and  state,  which, 
besides  those  in  the  army  and 
navy,  are  within  the  gift  or  influ- 
ence  of  the  elder  branch,  affording 
an  ample  support  to  the  younger 
brothers.  The  sum,  indeed,  re- 
ceived from  the  public  by  the  aris- 
tocracy, either  directly,  or  through 
the  church,  and  other  similar 
sources,  far  exceeds  the  whole 
amount  which  they  pay  in  taxes  to 
the  government,  which  is,  in  fact, 
supported  by  those  who  are  usu- 
ally denominated  the  productive 
classes.  Take  away  the  sinecures 
in  the  church,  and  inquiry  will  soon 
be  made  respecting  the  numberless 
places  in  the  courts  of  law,  and 
elsewhere,  which,  while  they  re- 
quire no  duty  from  the  incumbents, 
furnish  ample  revenues  even  to  the 
brothers  and  sons  of  titled  peers. 
With  all  the  meliorations  that  have 
„  been  made  in  the  political  state  of 
the  catholics,  and  protestant  dissen- 
ters, they  cannot  but  feel  indignant 
at  a  condition  of  things,  by  which 
they  are  obliged,  besides  paying 
their  own  spiritual  teachers,  to 
contribute  their  tithes  to  the  sup- 


port  of  a  clergy  whose  peculiar 
doctrines  they  deem  erroneous, 
and  who  also  enjoy  the  entire  re- 
venue of  lands,  appropriated  to  the 
support  of  religion,  at  a  time  when 
all  the  inhabitants  of  the  country 
were  of  one  creed.  Is  there  not  rea- 
son  for  the  aristocracy  to  fear,  that 
the  dissenters  and  catholics,  who, 
together,  form  more  than  half  of 
the  population  of  Great  Britain  and 
Ireland,  uniting  with  the  friends  of 
religious  liberty  belonging  to  the 
establishment,  may  use  their  newly 
acquired  powers  to  attempt  the 
substitution  to  the  existing  church 
establishment  of  the  French  prin- 
ciple, where  the  state  pays  all  the 
teachers  of  religion  moderate  sti- 
pends, or  that  of  the  United  States, 
where  they  depend  on  the  support 
of  their  parishioners  ?  In  despite 
of  the  restrictions  in  their  declara- 
tions and  oaths,  the  unfettered  ad- 
mission  of  the  catholics  and  dis- 
senters to  parliament,  affords  them 
an  influence  for  consummating  this 
object,  which  they  could  not  have 
had  without  the  possession  of  this 
political  power.  The  then  general 
state  of  Europe,  the  condition  of 
the  finances,  and  the  internal  diffi- 
culties of  Ireland,  constituted  strong 
motives  for  passing  the  emancipa- 
tion bill,  and  its  abstract  justice  no 
one  can  question ;  but  looking 
merely  to  the  ascendency  either  of 
the  church,  or  of  the  aristocracy, 
whose  interests  the  legislature  has 
usually  deemed  synofiymous  with 


GREAT  BRITAIN. 


175 


those  of  the  nation,  its  policy  may 
well  be  questioned.  There  are 
many  cases  in  which  the  maxim 
ce  n'est  que  le  premier  pas  qui  coute, 
applies. 

The  space  which  they  fill  in  the 
journals  of  the  day,  prevents  our 
passing  over  two  events,  which 
may  be  regarded  as  episodes  to 
the  great  measure  of  catholic  re- 
lief. We  refer  to  the  personal 
rencontre  between  the  Duke  of 
Wellington  and  Lord  Winchelsea, 
and  the  attempt  of  Mr.  O'Connell 
to  take  his  seat  as  a  member  of 
the  house  of  commons. 

To  understand  the  former  of 
these  matters,  it  may  be  proper  to 
observe,  that,  in  1826,  several 
gentlemen,  belonging  to  different 
religious  societies,  laid  the  founda- 
tion of  a  university  in  London, 
where  no  high  seminary  of  educa- 
tion had  previously  existed.  To 
render  it  an  object  of  universal 
support,  they  excluded  from  it  all 
provision  for  religious  instruction, 
which,  as  the  students  resided  with 
their  parents  or  guardians,  seemed 
less  necessary  than  in  colleges 
formed  on  a  different  plan.  The 
attempt  to  establish  this  new  insti- 
tution was,  at  first,  regarded  as 
unfriendly  to  the  ancient  universi- 
ties of  Oxford  and  Cambridge, 
which  had  previously  possessed  the 
monopoly  of  furnishing  a  finished 
education  ;  and  it  was  subsequently 
opposed  by  the  church  of  England, 
as  tending  to  promote  infidelity,  or, 
at  least,  sectarianism.  As  the  best 


means  of  obviating    its    anti-reli- 
gious  or  anti-episcopal  effects,  it 
was   proposed  by    the    friends   of 
the    established  church,    to    form 
a  rival  university,  in    which  reli- 
gious   instruction,    in   its    tenets, 
should   hold   a   prominent    place. 
In   this   enterprise    the    Duke   of 
Wellington    co-operated,   by   pre- 
siding at  the  meeting  called  for  the 
purpose,  and  heading  the  subscrip- 
tion list.     The  measure  was  warm- 
ly taken  up  by  the  zealous  religion- 
ists, and  among  them  by  the  Earl 
of  Winchelsea,   who  belonged  to 
the  stricter  party  in  the  church. 
This  nobleman,  connecting  the  ex- 
clu'sion  of  the  catholics  from  pow- 
er, with  the  ascendancy  of  protes- 
tantism, was  excessively  violent  in 
his  opposition   to    the  relief  bill ; 
and,  in  the  course  of  the  proceed- 
ings respecting  that  measure,  was 
induced  to  reflect,  in,  strong  terms, 
on  the  motives  of  the   Duke,   in 
countenancing   the    establishment 
of  the  new  college.     In  a  letter  to 
the  secretary,  dated  March   14th, 
1829,  withdrawing  his  subscription, 
he  says : 

"  I  was  one  of  those  who,  at. 
first,  thought  the  proposed  plan 
might  be  practicable,  and  prove  an 
antidote  to  the  principles  of  the 
London  university.  I  was  not, 
however,  very  sanguine  in  my  ex- 
pectations,  seeing  many  difficulties 
likely  to  arise  in  the  execution  of 
the  suggested  arrangements  ;  and 
I  confess  that  I  felt  rather  doubtful 
as  to  the  sincerity  of  the  motives 


176 


ANNUAL  REGISTER,  1827-8-U. 


which  had  actuated  some  of  the 
prime  movers  in  this  undertaking, 
when  I  considered  that  the  noble 
duke,  at  the  head  of  his  majesty's 
government,  had  been  induced,  on 
this  occasion,  to  assume  a  new 
character,  and  to  step  forward  him- 
self, as  the  public  advocate  of  reli- 
gion and  morality. 

"  Late  political  events  have  con- 
vinced me,  that  the  whole  transac- 
tion was  intended  as  a  blind  to  the 
protestant  and  high  church  party  ; 
that  the  noble  duke,  who  had,  for 
some  time  previous  to  that  period, 
determined  upon  "  breaking  in 
upon  the  constitution  of  1688," 
might  the  more  effectually,  under 
the  cloak  of  some  outward  show 
of  zeal  for  the  Protestant  religion, 
carry  on  his  insidious  designs,  for 
the  infringement  of  our  liberties, 
and  the  introduction  of  popery 
into  every  department  of  the  state." 

A  demand  for  an  explanation 
having  been  made  and  declined,  a 
challenge  from  the  Duke  of  Wel- 
lington ensued*  The  opinion  of 
the  world  was  more  operative  than 
even  religious  scruples  on  the 
mind  of  the  evangelical  nobleman, 
and  a  duel  took  place,  which,  how- 
ever, was  fortunately  attended  with 
no  fatal  results. 

The  other  event,  to  which  we 
allude,  was  the  attempt  made  by 
Mr.  O'Connell  to  take  his  seat,  on 
the  15th  of  May.  The  relief  bill 
was  made  prospective  in  its  provi- 
;  and,  consequently,  he  stood 


in  the  same  position  as  if  it  had 
never  been  passed.  He  had,  how- 
ever, declared  before  his  election, 
that  he  could  sit  without  taking  the 
obnoxious  baths  ;  but  the  majority 
decided  otherwise  ;  and  on  his  re- 
fusing to  be  qualified,  according  to 
the  old  law,  a  new  writ  was  or- 
dered to  issue  for  Clare.  Mr. 
O'Connell  was  again  returned,  but 
not  till  after  the  prorogation  of 
parliament,  on  the  24th  of  June. 

This  individual,  whom  circum- 
stances raised  to  temporary  im- 
portance, has  given,  in  the  public 
papers,  as  well  as  in  the  discussion 
of  his  right  to  a  seat  in  parliament- 
sufficient  indications  of  the  nature 
of  the  claims  which  he  posesses 
to  the  consideration  of  the  coun- 
try ;  and,  it  may  be  confidently 
predicted,  that  his  career  of  dis- 
tinction will  terminate  so  soon  as 
he  is  permitted  peaceably  to  occu- 
py his  place  in  the  commons. 

A  subject,  which,  in  some  of  its 
bearings,  has  a  strong  analogy  to 
the  plan  of  our  African  Coloniza- 
tion Society,  occupied  a  good  deal 
of  attention  in  the  early  parts  of 
the  period  under  review.  The 
great  extent  of  pauperism,  espe- 
cially  in  Ireland,  was  ascribed  to 
the  redundant  population  ;  and  it 
was  supposed,  that,  by  sending  to 
the  North  American  colonies  a 
large  number  of  the  peasantry 
from  that  country,  as  well  as  from 
some  of  the  districts  of  England 
and  Scotland,  and  faking  down  a 


GREAT  BRITAIN. 


proportionate  number  of  the  cotta- 
ges, the  supply  of  work  to  the  re- 
maining  labourers  in  the  United 
Kingdom,  and,  consequently,  their 
command  over  the  means  of  sub- 
sistence, would  be  greatly  in- 
creased. Having  once  raised  the 
conventional  necessaries  of  life,  it 
was  conceived  that  the  population 
might  thereafter  be  kept  within 
such  limits  as  would  relieve  the 
country  from  the  apprehension  of 
that  great  distress,  which  now  re- 
sults from  any  temporary  depres- 
sion  in  the  ordinary  branches  of 
business,  and  which  threatens  the 
peasantry  with  absolute  starvation, 
the  moment  that  any  of  their  ac- 
customed sources  of  support  are  in 
any  way  affected. 

The  opinion  of  the  benefits  re- 
sulting from  a  well  regulated  sys- 
tem of  emigration,  not  only  to  the 
parties  removing,  but  also  to  those 
remaining  behind,  had  led  socie- 
ties  and  individuals,  in  different 
parts  of  the  kingdom,  as  well  as 
the  government,  to  afford  it  pe- 
cuniary and  other  encouragements. 
The  committee  of  the  house  of 
commons,  which  considered  this 
subject  in  1827,  made  a  long  re- 
port, recommending  a  plan  of  emi- 
gration,  for  which  advances  were 
to  be  made  by  the  public,  to  be  re- 
paid by  the  individuals  receiving 
their  assistance.  It  was  stated, 
that  in  1825,  2,024  persons  were 
removed  to  Canada,  for  an  expense 
af  £43,145,  including  their  set- 

VOL.  Ill 


tlement  and  sustenance,  up  to  the 
period  at  which  their  crops  enabled 
them  to  provide  for  themselves. — 
It  was  suggested,  that  by  a  loan  of 
£1,140,000,  19,000  families,  em- 
bracing 95,000  individuals,  could 
be  removed  in  three  years,  and 
that  this  might  be  effected  without 
any  sensible  burthen  to  the  coun- 
try, as  the  interest,  including  one 
per  cent,  for  a  sinking  fund,  might 
be  discharged  by  a  thirty  years'  an- 
nuity, to  be  paid  by  the  settlers. — 
The  plan,  it  was  added,  was  sus- 
ceptible of  any  desirable  exten- 
sion. But  a  system  of  general 
emigration,  though  earnestly  sup- 
ported in  parliament,  and  sustained 
by  the  countenance  of  some  of 
the  most  distinguished  economists, 
and  by  the  success  which  at- 
tended the  partial  experiments  of 
government,  never  obtained  the 
sanction  of  a  law. 

In  both  of  the  sessions  which 
fall  within  the  purview  of  this 
chapter,  the  silk  trade  formed  an 
important  subject  of  discussion ; 
and  we  refer  to  it,  to  show  the 
views  professed  by  the  present  mi- 
nistry, respecting  the  encourage- 
ment of  the  manufactures  of  the 
country,  as  well  as  the  practical 
operation,  while  ho  retained  his 
connexion  with  the  government,  of 
Mr.  Huskisson's  economical  prin« 
ciples. 

The  subject  was  brought  forward 
in  August,  1828,  on  a  proposition 
to  continue  in  force  a  temporary 


17b 


ANNUAL  REGISTER,  1827-8-9. 


law,  which  would  have  expired  in 
the  following  October.  Though,  by 
the  general  consolidated  statute  of 
1825,  the  law  prohibiting  the  im- 
portation of  raw  silk,  was  repealed 
from  5th  July,  1826,  and  the  duties 
on  it  fixed  at  30  per  cent.,  this  re- 
gulation never  went  into  effect. 
By  an  act  of  26th  May,  1826, 
made  with  the  avowed  purpose  of 
merely  changing  the  mode  of  levy- 
ing it,  the  ad  valorem  duty  was 
suspended,  till  10th  October,  1828, 
and  a  duty,  regulated  by  the  weight, 
was  imposed.  This  law  made,  in 
fact,  an  augmentation  in  the  rates, 
from  30  per  cent.,  at  which  amount 
it  had  been  intended  originally  to 
fix  them,  to  duties  varying  from  45 
to  80  per  cent,  on  the  value  of  the 
mportations.  This  result  is  sup- 
posed not  to  have  been  produced 
by  an  error  in  the  calculations,  as 
avowed,  but  to  be  ascribable  to  a 
disposition  to  make  the  change  of 
system  less  decided,  than  was  at 
first  proposed. 

If  the  temporary  law  had  been 
allowed  to  expire  and  no  further 
legislation  had  taken  place,  the 
permanent  duties  of  30  per  cent, 
would  have  come  into  force  in  Oc- 
tober, 1828  ;  but  the  new  adminis- 
tration, not  being  willing  to  at- 
tempt a  measure  of  which  Mr. 
Huskisson,  when  in  office,  had 
never  assumed  the  responsibility, 
introduced  into  the  customs'  bill  a 
clause,  continuing  the  existing  du- 
ties for  a  year.  This  led  to  a  warm 


debate,  in  which  the  full  operation 
of  a  system,  substituting  moderate 
duties  to  prohibition,  was  contended 
for  by  the  ex-ministers,  while  de- 
lay was  asked  by  the  vice-presi- 
dent of  the  board  of  trade.  The 
administration,  however,  finally 
succeeded,  after  having  yielded  to 
Mr.  Grant,  (the  late  president  of 
the  board  of  trade,)  an  amend- 
ment, limiting  the  duration  of  the 
rated  duties  to  the  end  of  the  next 
session  of  parliament. 

During  the  recess,  great  distress 
occurred  among  those  engaged  in 
the  silk  trade,  which,  by  the  advo- 
cates of  the  restrictive  system  was 
ascribed  to  the  admission  of  fo- 
reign commodities,  at  comparative- 
ly moderate  duties,  and  by  all  the 
friends  of  free  trade,  to  smuggling, 
encouraged  by  the  imposition  of 
rates  still  too  high.  The  presi- 
dent of  the  board  of  trade,  Mr, 
Fitzgerald,  in  discussing  the  subject 
on  the  14th  of  April,  1829,  support, 
ed  the  latter  opinion,  and  also  attri. 
buted  many  of  the  difficulties, 
under  which  the  manufacturers 
laboured,  to  the  high  duties  on  raw 
and  thrown  silk  ;  the  same  system 
prevailing,  in  England,  as  has 
been  adopted  in  most  other  coun- 
tries, of  counteracting  the  ad- 
vantage to  the  manufacturer  from 
high  duties  on  the  imported  article 
in  its  finished  state,  by  levying 
charges  almost  equally  restrictive, 
on  the  raw  material,  procured  from 
abroad.  The  government  no1* 


GREAT  BRITAIN. 


proposed  as  a  remedy  against  smug- 
gling,  to  bring  into  effect  the  prin- 
ciples of  the  act  of  1525,  retaining 
so  much  protection  to  the  home 
manufacturer  that  the  lowest  duty 
on  silk  goods,  not  from  India,  might 
be  equivalent  to  25  per  cent,  ad  va- 
lorem. On  India  silks,  the  duties 
were  to  be  20  per  cent.  The  new 
bill  proposed  to  unite  the  principle 
of  an  ad  valorem  with  that  of 
the  rated  duty.  "It  was  conve- 
nient," Mr.  Fitzgerald  said,  "  both 
for  the  importers,  and  the  revenue, 
to  continue  to  take  the  duty  by 
weight ;  but  to  prevent  the  impor- 
tation of  articles  of  a  high  value, 
and  of  a  finer  order,  of  which  the 
value  cannot  be  defined,  or  mea- 
sured by  a  rated  duty,  it  was  propo- 
sed that  the  officer  should  have 
the  power  of  charging  the  same, 
by  a  duty  on  the  value."  He,  how- 
ever, declared,  that  the  rated  duties 
were  now  so  arranged  as  not  to  ex- 
ceed 30  per  cent,  ad  valorem. 

As  before  the  customs'  bill  of 
1828  was  passed,  intelligence  had 
been  received  of  the  enactment  of 
a  new  tariff  in  the  United  States, 
by  which  duties  on  many  articles 
usually  received  from  England, 
were  greatly  augmented,  it  was 
proposed  to  meet  its  provisions  by 
corresponding  regulations,  that 
might  bear  injuriously  on  the  pro- 
ductions  of  the  United  States. 

By  the  commercial  convention 
between  the  two  powers,  it  is  stipu- 
lated that  no  higher  or  other  duties 


shall  be  imposed  on  the  importa- 
tion, or  exportation  of  the  produc- 
tions, &c.  of  each  country,  to  or 
from  the  other,  than  on  like  articles, 
the  productions,  &c.  of  other  foreign 
countries.  On  the  18th  of  July, 
1 828,  Mr.  Huskisson,  then  no  longer 
minister,  availed  himself  of  a  mo- 
tion, for  the  production  of  the 
American  tariffs,  to  make  some  ob- 
servations on  the  policy  pursued 
by  the  United  States,  in  relation  to 
manufacturered  articles,  usually 
received  from  England ;  and  he  in- 
timated that  she  might  retaliate, 
either  by  selecting  for  high  duties, 
the  articles  ordinarily  imported 
from  the  United  States,  or  by  an- 
nulling the  commercial  convention, 
to  which  either  party  was  at  liberty 
to  put  an  end,  on  giving  twelve 
months'  notice.  To  the  latter  part 
of  the  alternative,  the  ex-minister 
appeared  to  give  the  preference. 
Mr.  Grant,  the  late  president  of  the 
board  of  trade,  is  reported  to  have 
declared  the  new  American  tariff, 
to  be  an  infraction  of  the  commer- 
cial convention ;  and  Mr.  Huskisson 
seemed  disposed  that  the  public 
should  understand  that  the  low 
duties,  existing  in  1815,  operated 
as  the  motive  for  making  a  treaty 
of  commerce,  and  that  there  was 
an  obligation  on  our  part  to  con- 
tinue them  unchanged.  We  will, 
however,  give  the  remarks  of  Mr. 
Huskisson,  and  of  some  of  the  other 
speakers,  according  to  the  reports 
of  the  day  ;  only  adding,  by  way 


AMNl'AL  REGISTER,  182T-8-9. 


of  explanation,  that  the  ques- 
tion;  whether  the  discrimination 
between  hammered  and  rolled  iron, 
was  an  infraction  of  the  treaty,  was 
fully  discussedby  the  plenipotentia- 
ries of  the  t\vo  powers,  and  the 
convention  signed  after  the  Ameri- 
can negotiator,  had  distinctly  declar- 
ed that  he  could  agree  to  no  article, 
which  should  exclude  the  interpre- 
tation,  that  had  been  given  by  the 
United  States,  to  the  words  "  like 
articles,"  as  used  in  the  treaty 
about  to  be  renewed. 

"  Mr.  Huskisson,  on  rising  to 
move  for  copies  of  the  American 
tariffs  of  1824  and  the  present  year, 
with  any  communications  from  his 
majesty's  ministers  in  the  United 
States  on  the  subject,  said  it  was  ne- 
cessary, before  the  close  of  the  ses- 
sion, to  take  some  notice,  not  of  the 
intention,  perhaps,  but  of  the  ten- 
dency of  certain  acts  which  had 
been  lately  passed  in  the  United 
States,  detrimental  to  their  own  in- 
terests, but  certainly  calculated 
greatly  to  injure  and  impede  the 
trade  and  manufactures  of  Great 
Britain.  In  1815,  a  convention  was 
entered  into  for  four  years,  which 
was  not  introduced  by  him,  but 
which  was  nearly  one  of  the  first  of 
those  reciprocity  treaties  that  had 
been  so  much  abused.  The  simple 
principle  was  this  : — That  all  arti- 
cles, the  growth,  produce,  and 
manufacture  of  either  country, 
should  be  received  in  either  upon 
(Tulies  as  low  as  those  paid  upon  any 


the  like  articles  the  growth,  produce 
or  manufacture  of  any  other  coun- 
try ;  and  further,  that  there  should 
be  no  discriminating  duties  in  re- 
ference to  the  national  character  of 
the  respective  ships.  In  1818,  it 
was  renewed.  At  this  period,  when 
we  were  exploding  the  doctrine  of 
prohibition,  it  was  adopted  by  the 
Americans  with  reference  to  the 
great  staple  manufactures  of  Eng- 
land. About  the  same  time,  the 
convention  was  violated  by  the 
United  States  imposing  an  addi- 
tional duty  on  iron  rolled  instead  of 
beaten  into  plates,  which  was  an 
increase  occasioned  merely  by  the 
improvement  in  the  mode  of  manu- 
facture. This  country  remonstra- 
ted, but  without  effect ;  though  on 
the  renewal  of  the  convention  the 
principle  was  conceded,  and  it  was 
also  agreed  that  the  treaty  should 
be  dissolved  on  either  party  giving 
twelve  months'  notice.  Since  that 
period  the  American  congress  has 
added  other  duties,  particularly  up- 
on wool,  hardware,  and  cotton,  and 
those  duties  were  so  great  as  to 
amount  almost  to  a  prohibition ;  and, 
as  in  the  year  before,  the  proposi- 
tion for  an  increase  was  rejected  by 
a  majority  of  one  ;  in  the  year  1828 
it  was  carried  by  a  great  majority. 
But  he  understood  that  those  best 
informed  upon  such  subjects  in  the 
United  States,  looked  upon  the  in- 
crease as  highly  prejudicial  to  their 
interests.  Certain  it  was,  that 
pverv  country  looked  to  its  own 


GREAT  BRITAIN. 


Is) 


interests,  and  on  that  principle  he 
did    not  complain   of  the   United 
States  ;  but  on  that  principle  also 
was  it  that  we  ought  to  look  to  our 
own  course,  so  as  to  counteract  that 
feeling  in  others.    He  was  not  one 
of  those  who  advocated  a  system  of 
prohibitory  warfare  ;  but  if  we  did 
not  adopt  some  course  of  the  kind, 
we  should  forfeit  our  claim  to  im- 
partiality, and  justify  complaints  on 
the  part  of  the  countries,  who  were 
dealing  with  us  in  a  fairer  and  juster 
manner. — The  people  of  the  United 
States  deceived  themselves,  if  they 
supposed  that  we    had  not  ample 
means  of  manifesting  our  feelings, 
even  under  the  convention  ;   but  it 
was,  however,  open  to  us  to  put  an 
end  to  that  convention  by  due  notice 
given,  and  this  was,  in  his  opinion, 
the  more  manly  course.  The  princi- 
pal exports  of  America — tobacco, 
rice,  cotton,  and  turpentine — were 
not  manufactured  in  this  country, 
but  were  merely  sent  to  this  country 
for  consumption,    and  with    those 
articles  it  would  not  be  difficult  to 
supply  ourselves  from  other  sources. 
He  believed,  that  this  tariff  owed  its 
existence  less  to  the  opinion  that  it 
would    promote    national    objects, 
than  electioneering   purposes.     It 
was  not  a  matter  of  surprise,  that 
party  should  prevail  in  a  country 
where  the  supreme  executive  power 
was  an  object  of  competition,  not 
twice  in  an  age,  but  once  every  four 
years.       He  observed,  that  these 
measures  were  generally  brought 


forward  at  the  period  of  these 
elections,  with  reference  to  the  ex- 
citement of  the  people. 

"  While  the  trade  of  the  United 
States  with  this  country  amounted 
to  one  half  of  all  the  exports  of  their 
own  production,  it  formed  only  one 
sixth  of  the  whole  trade  of  this 
country.  He  would  leave  it  to  the 
sober  and  temperate  consideration 
of  those,  who  ought  to  be  the  rulers 
of  the  destinies  of  that  country,  to 
decide  whether  it  was  a  safe  game, 
for  them  to  risk  one  half  of  their 
trade,  in  order  to  impede  us  in  a 
branch  of  our  commerce,  which  was 
only  one  sixth  of  our  whole  foreign 
trade.  So  far  from  retaliating,  he 
would  leave  the  American  govern- 
ment  to  find  out  the  folly  of  their 
proceedings  ;  and  he  had  no  doubt 
they  would  soon  repent  the  day  they 
adopted  this  weak  and  absurd  poli- 
cy. He  was  of  opinion,  that  for 
every  pound  of  injury  the  tariff 
would  inflict  upon  England,  the 
injury  to  America  would  be  four- 
fold. 

"  Mr.  Hume  said,  nothing  rankled 
more  in  the  breasts  of  the  Ameri- 
cans, than  our  exclusion  of  their 
corn.  This  was  the  staple  of  half 
the  country  and  it  was  by  the  influ- 
ence of  those  states  which  grew 
corn,  that  this  unwise  and  impolitic 
tariff  had  been  passed. 
-  "  Mr.  Peel  said,  it  was  a  mistake 
to  suppose  the  tariff  was  retaliatory 
with  reference  to  its  own  particular 
measure,  for  in  the  very  year,  that 


18*5 


ANNUAL  REGISTER,  1827-8-9. 


it  was  introduced  we  had  relaxed  in 
our  regulations  respecting  Ameri- 
can corn.  He  had  no  objection  to 
the  production  of  the  documents, 
from  which  he  gathered  sufficient  to 
prove  to  him,  that  the  security  of 
America  would  before  long  induce 
that  country  to  recall  the  present 
step,  as  it  must  necessarily  lead  to 
considerable  suffering  there,  if  con- 
tinued ;  and  in  the  mean  time  he 
was  glad  that  circumstances  pre- 
vented the  possibility  of  our  adopt- 
ing any  retaliatory  system,  as  the 
only  effect  likely  to  be  produced  by 
such  a  course  would  be,  its  being 
taken  wrong  by  the  Americans,  and 
leading  to  still  further  steps." 

The  motion  was  then  ageed  to. 

Mr.  Huskisson,  had,  on  a  pre- 
vious day,  advocated  the  entire 
removal  of  the  duty  on  East  India 
rice,  founding  his  proposition  on 
the  fact  that  "  the  United  States  of 
America  now  furnished  rice  to 
Great  Britain,  and  he  thought  that 
the  conduct,  which  they  had  re- 
cently  displayed,  did  not  warrant 
England,  in  continuing  to  them 
what  they  had  no  disposition  to 
give  her,  in  return."  Mr.  Cour- 
tenay,  (Vice  President  of  the  board 
of  trade,)  replied  that  it  had  been 
already  determined  to  lower  this 
duty  to  a  rate  nearly  nominal. 

Mr.  Peel  gave  no  clear  expla- 
nation of  the  course,  that  the  go- 
vernment might  ultimately  adopt, 
by  way  of  retaliation.  The  re. 


duction  of  the  duties  on  rice  and 
cotton,  from  the  British  possessions, 
is,  however,  ascribed  to  a  desire 
of  diminishing  the  importations  of 
these  articles  from  the  United 
States.  There  were  also,  other 
provisions  in  the  customs'  bill,  in. 
tended  to  bear  disadvantageously 
upon  the  navigation  of  the  United 
States,  but  they  were  rendered  in 
operative  by  the  paramount  autho- 
rity of  the  existing  convention. 

An  additional  discriminating  duty 
of  3d.  per  Ib.  on  stemmed  tobacco, 
from  foreign  countries,  with  a  view 
of  reaching  the  description  usually 
received  from  our  southern  states, 
was  also  proposed,  but  withdrawn 
on  account  of  a  pledge  that  had 
been  given  to  the  manufacturers 
not  to  change  the  impost  on 
this  article,  without  previous  no- 
tice. 

The  principle  of  this  duty  was 
defended,  on  the  ground,  that  it 
would  peculiarly  affect  the  Ame- 
rican trade,  without  contravening 
the  words  of  the  treaty,  and  a  pre- 
cedent, for  such  a  course  of  pro- 
ceeding,  it  was  said,  was  to  be 
found  in  the  tariff  of  the  United 
States,  in  the  case  above  alluded  to, 
where  iron,  manufactured  by  roll- 
ing,— the  kind  sent  from  England, 
— was  taxed  on  its  importation,  at 
a  much  higher  rate,  than  hammer- 
ed iron,  the  description  usually  re- 
ceived from  Sweden. 

At  the  session  of  parliament  of 


GREAT  BRITAIN. 


183 


18'29,  the  subject  of  the  American 
tariffwas  again  brought  forward,and 
much  of  the  distress  that  the  Eng- 
lish manufacturers  had  experien- 
ced, during  the  preceding  season, 
was  imputed  to  its  operation.  No 
retaliatory  measures  were  propo- 
sed by  government,  in  consequence, 
as  was  alledged,  of  the  impres- 
sion that  prevailed,  that  the  new 
administration  at  Washington,  rai- 
sed to  power  by  the  influence  of 
the  southern  states,  would  recom- 
mend to  congress  important  modi- 
iications  in  it. 

By  the  commercial  convention, 
originally  concluded  between  the  U. 
States  and  Great  Britain  in  1815,  as 
we  have  seen,  no  distinction  could  be 
made  in  the  ports  of  either  country 
in  favour  of  its  own  navigation,  em- 
ployed in  the  direct  intercourse 
with  the  other.  England  had  pre- 
viously made  a  similar  treaty  with 
Portugal,  and  in  1824-5  conven- 
tions of  the  same  kind,  or  like 
arrangements  by  mutual  legisla- 
tion, were  entered  into  with  seve- 
ral of  the  northern  powers,  in  ac- 
cordance with  a  general  act  of  par- 
liament  to  that  effect.  The  stipu- 
lations in  all  these  agreements 
were,  however,  confined  to  the 
trade  with  the  mother  country  ; 
but  in  1825  the  intercourse  with 
the  colonies  was  offered  to  all  pow- 
ers having  colonies  which  should 
admit  British  vessels  into  them,  on 
equal  terms ;  and  to  those  not  hav- 
ing colonies,  on  condition  of  their 


giving  to  the  vessels  of  Great  Bri- 
tain,  and  of  her  colonies  in  their 
ports,  the  privileges  of  the  most 
favoured  nation.  The  circum- 
stances which  led  to  the  interrup- 
tion of  the  intercourse  between  the 
United  States  and  the  English 
West  Indies,  have  been  heretofore 
stated.  We  will  therefore  only  re- 
mark at  this  time,  that,  though 
other  powers  were  urged  to  adopt 
the  measures  required  by  it,  the 
act  of  1825  was  never  officially 
communicated  to  the  American 
government,  who  considered  the 
negotiations  of  1824  respecting 
the  colonial  trade  to  be  suspended, 
not  terminated.  The  fact  is,  that 
the  ship-owners  were  very  much 
displeased  with  the  principles  of 
the  reciprocity  acts  of  1823-4,  and 
the  ministers  seized  with  avidity,  on 
the  omission  of  the  American  con- 
gress to  pass  the  laws  necessary  to 
entitle  the  U.  States  to  the  provi- 
sions of  that  of  1 825,  in  order  to  close 
the  West  India  trade  against  us. 
That,  if  it  had  not  been  for  this  ex- 
pedient, some  other  means  would 
have  been  resorted  to,  which  would 
have  effected  the  same  object,  is 
apparent  from  the  manner  in  which  ' 
England  adhered  to  her  decision, 
after  the  willingness  of  the  United 
States  to  come  into  her  own  pro- 
positions, had  been  avowed.  The 
effect  of  the  measure  has,  however, 
been  principally  disadvantageous 
to  the  British  West  Indies.  There 
are  physical  reasons,  which  oblige 


184 


ANNUAL  REGISTER,  1827-8-u. 


them  to  have  recourse  to  us  for 
their  supplies.  The  North  Ame- 
rican provinces  do  not  raise  more 
bread  stuffs,  than  they  themselves 
consume,  and  for  many  articles,  the 
length  of  the  voyage  from  Europe 
is  a  prohibition  to  a  supply  from 
that  source.  The  result,  therefore, 
is,  to  compel  the  West  Indians  to 
purchase  our  productions,  received 
through  a  neutral  island,  and  load- 
ed  with  a  charge  of  double  freight. 

Much  of  the  acrimony  of  the 
correspondence  between  Mr.  Gal- 
latin  and  the  British  government 
was,  no  doubt,  to  be  ascribed  to 
the  particular  views  of  Mr.  Can- 
ning and  Mr.  Huskisson  ;  but  the 
relative  circumstances  of  the  two 
nations,  as  maritime  powers,  must 
always  produce  great  rivalry  be- 
tween them. 

The  subject  of  the  navigation 
laws  has  at  every  session  since  the 
extension  of  the  principle  of  reci- 
procity, occupied  more  or  less  of 
the  attention  of  parliament.  The 
motives,  which  have  of  late  years 
governed  the  policy  of  England, 
were  distinctly  avowed  in  several 
speeches  made  by  Mr.  Huskisson, 
while  at  the  head  of  her  commer- 
cial administration.  They  may  be 
comprised  in  two  propositions  ;  1. 
The  threats  of  retaliation,  by  other 
states,  through  countervailing  re- 
strictions on  British  navigation  ; 
2.  The  desire  of  giving,  as  far  as 
practicable,  to  countries,  that  do  not 
aspire  to  become  great  naval  pow- 


ers, the  portion  of  the  navigation 
of  the  world,  which  Great  Britain 
cannot  engross. 

In  speaking,  indeed,  of  the 
exclusion  of  the  United  States 
from  the  West  India  trade,  Mr. 
Huskisson,  on  one  of  the  occasions 
referred  to,  thus  expressed  himself: 
"  I  have  always  understood,  that 
the  primary  object  of  the  naviga- 
tion laws  being  to  maintain  for  our- 
selves a  great  commercial  marine  ; 
the  next  great  principle  of  those 
laws  was,  to  prevent  too  great  a 
share  of  the  foreign  carrying  trade 
being  engrossed  by  any  one  particu- 
lar country.  Was  it,  then,  a  subver- 
sion of  our  navigation  system,  to 
invite  such  powers  as  Prussia,  Den- 
mark, Sweden,  the  Hanse  towns, 
dec.  to  participate  with  the  United 
States,  in  the  trade,  which  we  had 
permitted  to  the  latter  with  our  sugar 
colonies?  Which  of  those  powers 
is  aspiring  to  raise  a  commercial 
marine,  to  preponderate  over  that 
Great  Britain?  Which  of  those 
states  is,  year  after  year,  augment- 
ing its  military  marine,  by  building 
ships  of  war  of  the  largest  class  ? 
Which  of  those  powers  possesses 
a  formidable  navy,  and  is  looking 
forward  to  the  time,  when  it  ex- 
pects to  wrest  from  this  country  its 
sway  upon  the  ocean  ?" 

The  commercial  conventions  of 
1810  with  Portugal,  and  of  1815 
with  the  United  States,  were  car- 
ried into  effect  by  express  legisla. 
tive  enactments,  made  in  confonni- 


GREAT  BRITAIN. 


185 


t,y  with  their  provisions,  which  is 
the  course  usually  pursued,  when 
a  treaty  contravenes  existing  sta- 
tutes. But,  in  1823  and  1824,  two 
laws,  commonly  called  the  recipro- 
city acts,  were  passed,  proposing 
to  all  countries,  that  would  afford 
the  same  privileges  to  British  navi- 
gation, an  equality  of  charges  on 
the  vessels,  and  of  bounties  and 
duties  on  the  exportation  or  impor- 
tation of  all  merchandise,  that  may 
be  legally  exported  from,  or  import, 
ed  into,  the  United  Kingdom,  in 
foreign  vessels,  whether  the  expor- 
tation or  importation  be  in  British 
shipping,  or  in  that  of  the  country 
with  which  the  reciprocity  is  es- 
tablished. In  1825  and  1826,  a 
general  consolidation  of  the  English 
commercial  code  was  made,  and 
about  one  hundred  and  fifty  old 
statutes  were  repealed.  The  reci. 
procity  acts  were,  however,  left  un- 
touched,  and  treaties  on  the  prin- 
ciples established  by  them  have, 
through  the  intervention  of  orders 
in  council,  been  rendered  opera- 
tive with  the  following  powers,  viz. 
Prussia,  Sweden  and  Norway,  Ha- 
nover,  Denmark,  the  Hanse-towns, 
Oldenberg,  Mecklenburg  Schwerin, 
Mexico,  Colombia,  the  provinces  of 
the  Rio  de  la  Plata,  and  Brazils. 

An  order  in  council  of  16  July, 
1827,  issued  under  the  authority 
of  the  act  of  1825,  to  regulate  the 
trade  of  the  British  possessions 
abroad,  interdicts  the  intercourse 
the  West  Indies  to  those  na. 

VOL.  m. 


tions,  which  had  failed  to  fulfil  the 
conditions  required  by  it,  except 
to  France,  whose  compliance  is 
said  to  have  been  partial,  and  who 
is  admitted  to  a  certain  extent,  and 
to  Russia,  to  whom  the  trade  is 
opened,  as  a  matter  of  favour.  The 
powers  enumerated  as  having  en- 
titled themselves  to  the  privileges 
of  the  act,  are,  Prussia,  Hanover, 
Sweden  and  Norway,  Oldenberg, 
the  Hanseatic  Republics,  Colombia, 
the  United  Provinces  of  the  Rio  de 
la  Plata,  and  Mexico,  to  which 
Spain,  and  in  consequence  of  the 
treaty  with  her,  Brazils,  were  after- 
wards added.  This  order  in  coun. 
cil  repeated  the  interdict  of  the 
previous  year  against  the  United 
States. 

On  31st  December,  1827,  the 
registered  tonnage  of  the  United 
Kingdom  was  2,150,605  tons  ;  of 
Jersey,  Guernsey,  and  Man,  30,533, 
and  of  the  British  plantations 
abroad,  279,362.  The  correspond, 
ing  amounts  had  been,  in  1826S  for 
the  United  Kingdom,  2,382,069,  for 
Jersey,  Guernsey  and  Man,  29,362, 
and  for  the  British  plantations 
224,183.  The  tonnage  built  and 
registered  in  the  United  Kingdom 
in  1827,  was  93,144  ;  and  in  the 
whole  empire,  145,809 :  to  which 
these  amounts  had  respectively 
fallen  from  118,363,  and  207,088, 
since  1826. 

It  is  also  proper  to  remark,  that 
the  above-mentioned  sums  comprise 
all  the,  tonnage  entitled  to  the  priri^ 
24 


186 


ANiNUAL  REGISTER,  1827-b-9< 


leges  of  British  vessels,  the  acts  of 
parliament  only  excepting  from  the 
operation  of  the  registry  acts,  those 
under  fifteen  tons  burthen  employ- 
ed in  the  river  navigation,  or  on 
the  coast  of  the  United  Kingdom, 
or  of  the  possessions  abroad,  and 
vessels  under  thirty  tons  engaged 
in  the  Newfoundland  fishery,  &c. 

The  American  tonnage,  regis- 
tered and  enrolled,  which  corres- 
ponds with  the  British  registered 
tonnage,  and  with  which  it  is  there- 
fore to  be  compared,  was,  in  1828, 
1,706,230.*  The  ships  built  in 
1828,  enrolled  and  registered,  com- 
prised 98,375  tons.  Thus  it  would 
seem  that  the  navigation  of  the 
United  States  is  increasing  more 
rapidly  than  even  that  of  Great 
Britain,  if  her  foreign  possessions 
be  excluded  from  the  calculation. 
It  will  also  be  found,  that  while  in 
the  entire  trade  between  the  United 
States  and  the  powers  with  which 
they  have  treaties  of  commerce, 
three  fourths  of  the  tonnage  is 
American,  in  the  trade  between 
the  same  powers  and  Great  Bri- 
tain, the  foreign  tonnage  rather  ex- 
ceeds the  British. 

By  the  treaty  with  Brazils,  laid 
before  the  two  houses,  at  the  open- 


ing  of  parliament  in  1828;  be- 
sides reciprocal  stipulations  for 
equality  as  to  the  duties  and  draw- 
backs, whether  the  goods  be  ex. 
ported  in  the  ships  of  the  one  or  of 
the  other  country,  according  to  the 
provisions  of  the  general  acts  on 
that  subject,  and  a  provision  as  to 
liberty  of  trade  with  all  ports  not 
closed  to  every  power,  Brazil 
binds  herself  that  all  British  goods, 
either  from  the  mother  country  or 
colonies,  may  be  admitted,  on  pay- 
ing a  duty  not  to  exceed  15  per 
cent,  ad  valorem,  which  is  the  same 
provision  that  was  secured  to  Eng- 
land by  the  effect  of  the  Methuen 
treaty,  but  for  which  she  then  gave 
to  Portugal  an  equivalent  in  the 
favours  extended  to  the  wines  of 
the  latter  power. 

In  the  treaty  between  Great  Bri- 
tain and  Mexico, there  is  a  stipula- 
tion of  the  same  nature  with  the 
one  contained  in  that  concluded 
with  Buenos  Ayres  and  Colombia, 
viz.  that  the  Mexicans  shall  enjoy 
the  liberty  of  navigation  in  the 
British  dominions  out  of  Europe, 
"  to  the  full  extent  in  which  the 
same  is  permitted  at  present,  or 
shall  be  permitted  hereafter,  to  any 
other  nation."  This  provision  in 


*  la  consequence  of  considering  the  term  registered  tonnage  to  be  co-extensive,  as 
employed  in  the  laws  of  the  United  States  and  Great  Britain,  some  errors  were 
made  in  a  recent  report  of  the  Committee  of  Commerce  of  the  House  of  Represen- 
tatives, (Feb.  1830.)  A  comparison  was  instituted  between  the  entire  Biitish  ton- 
nage and  the  American  foreign  tonnage,  to  the  great  disadvantage  of  the  latter ; 
and  taking  the  repeated  entries  at  the  custom  house,  the  British  coasting  tonnage  is 
stated  to  have  been  in  1827,  8,648,868  tons,  when  in  fact  at  that  time  the  whole 
tonnage,  employed  in  the  foreign  and  coasting  trade  of  the  United  Kingdom,  ex- 
cluding foreign  possessions,  was  only  2jl50,605 


GREAT  BRITAIN. 


167 


the  treaties  with  the  new  American 
states,  concluded  as  they  were  in 
1825  and  1826,  at  the  time  when 
Great  Britain  refused  even  to  ne- 
gotiate with  us  on  the  subject  of 
the  colonial  trade,  may  not  be  un- 
worthy of  notice,  as  throwing  ad- 
ditional light  on  that  policy,  which 
had  in  view  the  creating  of  com- 
mercial rivals  to  the  United  States 
— a  policy,  as  we  have  seen,  clear- 
ly avowed  in  the  speeches  of  Mr. 
Huskisson,  delivered  in  the  House 
of  Commons,  at  that  period. 

Though  Mr.  Gallattn's  negotia- 
tions on  the  West  India  trade  were 
not  crowned  with  success,  he  con- 
cluded during  his  mission  (1826-7) 
four  conventions,  one  of  which, 
making  indemnity  for  slaves  taken 
away  in  violation  of  the  treaty  of 
Ghent,  was  ratified  in  the  early 
part  of  1827.  The  ratification  of 
the  others,  having  for  their  objects 
the  renewal  of  the  commercial 
convention  of  1815,  respecting  the 
trade  with  the  mother  country,  (al- 
ready extended  for  ten  years  in 
1818,)  for  an  indefinite  period,  but 
to  be  terminated  at  the  option  of 
cither  party,  on  giving  twelve 
months'  notice — the  continuance, 
on  the  same  conditions,  of  the 
third  article  of  the  convention  of 
1818,  relative  to  the  joint  occu- 
pancy of  the  country  beyond  the 
Rocky  Mountains;  and  the  refe- 
rence to  a  friendly  sovereign  or 
state,  of  the  determination  of  the 
northeastern  boundary  of  the  Uni- 


ted States,  were  exchanged  at 
London  on  the  2d  of  April,  1828, 
by  the  American  charge  d'affaires, 
and  Messrs.  Grant  and  Adding- 
ton,  who  had  been  the  British 
plenipotentiaries  for  concluding  the 
treaties. 

In  pursuance  of  the  provisions 
of  the  last  convention,  immediately 
after  its  ratification,  negotiations 
were  commenced  between  Mr. 
Lawrence  and  the  English  secre- 
tary of  state,  which  resulted  in  the 
selection  of  the  King  of  the  Ne- 
therlands as  sovereign  arbitrator, 
before  whom  the  question  of  the 
boundary  line  is,  therefore,  now 
pending. 

On  the  frontier,  between  Maine 
and  New-Brunswick,  was  a  small 
settlement  of  French  Acadians, 
who  had  established  themselves 
there  at  the  time  of  the  expulsion 
of  their  countrymen  from  the  pro- 
vince during  the  seven  years'  war. 
These  people  had  preserved  a  neu- 
tral character,  never  rendering  al- 
legiance to  the  United  States,  or 
to  the  neighbouring  British  pro- 
vince, and  of  late  years  they  had 
been  joined  by  emigrants  both  from 
Maine  and  New-Brunswick.  The 
district  occupied  by  them,  was 
within  the  territory  claimed  by  the 
British  and  American  governments 
respectively.  Occasional  acts  of 
sovereignty  had  been  exercised  by 
each  party,  but  apparently  without 
the  knowledge  or  assent  of  the 
other.  Within  a  very  recent  pe- 


Y.VMJAL  REGISTER,  1827-8-<J. 


riod,  however,  New-Brunswick 
had  undertaken  to  extend  her  mili- 
tia laws,  and  her  criminal  jurisdic- 
tion over  them ;  and  in  consequence 
of  the  arrest  of  John  Baker,  an 
American  citizen,  for  an  alleged 
misdemeanour,  (whose  case  was  re- 
ferred to  in  the  last  volume,)  a  long 
discussion  was  carried  on,  both  at 
Washington  and  London,  which  in- 
volved some  interesting  questions 
of  national  law.*  The  demands  of 
the  American  government  for  the 
release  of  Baker,  and  the  discon- 
tinuance of  the  exercise  of  British 
jurisdiction,  were  both  declined, 
and  in  that  situation  the  negotiation 
was  left  at  the  termination  of  Mr. 
Adams'  administration. 

A,  convention  was  also  concluded 
with  Spain  in  October,  1828,  by 
which  it  was  agreed  that  £900,000 
sterling  should  be  paid  by  his  Ca- 
tholic Majesty,  in  satisfaction  of  the 
claims  of  British  subjects. 

The  matters,  however,  of  foreign 
policy,  which,  during  both  1828  and 
1829,  most  particularly  interested 
the  British  government,  were  the 
affairs  of  Portugal,  and  the  war  in 
the  east  of  Europe. 

Mr.  Canning  had,  during  the  ad- 
ministration of  Lord  Liverpool,  pro- 
posed sending  an  army  to  Portugal, 
on  the  avowed  ground  of  the  obliga- 
tion of  the  treaties,  by  which  Eng- 
land was  bound  to  defend  that  coun- 
try against  foreign  invasion.  The 


danger  then  apprehended,  was  iroju 
Spain.     Such  was  the  enthusiasm, 
with  which   the  measure   of  sup. 
porting  a  constitutional  government 
was  received,  that  Mr.  Hume,  the 
habitual  opponent  of  all  expenses, 
was,  on  this  occasion,  almost  alone 
in  his  condemnation  of  the  policy. 
A  little  experience,  however,  soon 
tended  to  satisfy  the  minds  of  all,  ex- 
cept  the  very  sanguine  friends  of  re- 
presentative government,  that  the 
mass  of   the  people   of   Portugal 
themselves  were  far  from  desiring 
the  blessings,  which  the  Emperor 
Don  Pedro  had  destined  for  them  as 
his  parting  legacy.    Indeed,  the  ne- 
cessary materials  for  forming  the 
chambers  were  probably  not  to  be 
found  in  the  country.  Thus  the  deli- 
berations of  the  cortes  were  marked 
with  weakness  and  indecision.  No 
attempt  was  even  made  to  bring  to 
trial,  or  to   outlaw  the    notorious 
chief  of  the  rebels,  the  Marquis  D^ 
Chaves,  who  was  heading  an  army 
on  the  frontiers  of  Spain.     In  the 
absence  and  minority  of  the  titular 
queen,  Donna  Maria,  and  of  Don 
Miguel,  who  was  still   at  Vienna, 
whither  he  had  gone  after  the  dis- 
graceful   insurrection    against  his 
father  in  1824,  the  reins  of  govern, 
ment  were   held  by  a  weak,  igno- 
rant, and  bigotted  woman,  the  sis- 
ter of  Don  Miguel,  and  of  the  Em- 
peror Don  Pedro. 

The  disaffected  looked  to  Don 


*  See  Public  Documents. 


GREAT  BRITAIN. 


L8« 


>Iiguel  as  a  prince  disposed  to  put 
an  end  to  the  innovations  in  the 
constitution,  and  as  one  having,  at 
least,  plausible  grounds  to  claim 
the  crown.  Accordingly,  they 
rallied  round  him  as  the  absolute 
king,  and  in  his  name  was  the  re- 
bellion  carried  on. 

To  remove  all  difficulties,  the 
emperor  of  Brazil,  instead  of  await, 
ing  the  fulfilment  of  the  conditions, 
by  which  Don  Miguel  was  to  be- 
come  regent,  and  the  husband  of 
the  young  queen,  appointed  him  his 
lieutenant,  to  govern  the  kingdom 
of  Portugal  according  to  the  con- 
stitutional charter.  This  office  Don 
Miguel  professedly  accepted,  in 
conformity  with  the  terms  on  which 
it  was  granted.  He  sat  out  from 
Vienna  to  proceed  to  his  govern- 
ment, and  on  his  way  thither  ar- 
rived in  London  towards  the  end 
of  December,  18«7.  While  in 
England  he  was  received  with  the 
utmost  courtesy  by  the  king,  the 
royal  family,  the  principal  nobility, 
and  foreign  ambassadors.  The 
situation  of  the  ministry,  he  having 
arrived  on  the  eve  of  the  dissolu- 
tion of  Lord  Goderich's  cabinet, 
was  unfavourable  for  obtaining  any 
guaranties  from  the  new  sovereign 
of  Portugal ;  and  while  in  London, 
he  behaved  with  politic  duplicity, 
not  giving  the  slightest  indication 
of  his  true  designs. 

On  his  return  to  Lisbon,  the 
oaths  required  by  the  charter  were 
taken  before  the  Cortes:  but  these 


forms  were  merely  observed  to 
gain  time,  and  on  the  14th  of 
March,  18:48,  the  chambers  were 
dissolved,  and  the  Cortes  of  Lame- 
go — the  old  estates  of  the  king- 
dom, were  called  together,  by 
whom  Don  Miguel  was,  on  the 
26th  of  June,  proclaimed  king,  a 
title  which  he  two  days  afterwards 
assumed.  The  elevation  of  the 
new  monarch  was  immediately  fol- 
lowed by  barbarities,  the  occur- 
rence  of  which  could  hardly  have 
been  deemed  possible  in  this  en. 
lightened  age. 

In  England,  a  large  portion  of 
the  people  were  anxious  that  the 
constitutional  charter  should  be 
avenged',  and  the  conduct  of  the 
usurper  in  disregarding  his  plighted 
faith  punished.  The  British  am- 
bassador, in  common  with  the  di- 
plomatic representatives  of  all  the 
other  European  powers,  suspended 
his  functions,  as  soon  as  Don  Mi- 
guel clearly  indicated  his  intention 
to  act  independently  of  his  bro- 
ther's authority.  But  the  cabinet 
of  London  determined  to  abstain 
from  interfering  in  what  they  deem- 
ed an  internal  dispute  ;  and  even 
the  troops,  that  were  still  in  the 
peninsula,  were  withdrawn.  View, 
ing  the  authority  of  Don  Miguel  as 
that  of  a  government  de  facto, 
England  recognised  the  blockades 
which  it  had  established. 

In  a  debate  in  the  house  of  Iords3 
a  few  days  before  the  prorogation 
of  parliament,  the  British  policy, 


1'JU 


ANNUAL  REGISTER,  1827-8-9. 


which  was  distinctly  declared  to  be 
that  of  non-interference  in  the  in- 
ternal  affairs  of  Portugal,  was  ex- 
plained  by  the  Duke  of  Wellington, 
and  the  Earl  of  Aberdeen. 

In  conclusion,  on  this  part  of  our 
subject,  it  may  be  observed,  that 
the  events  which  have  taken  place 
within  the  last  two  or  three  years, 
will  probably  have  the  effect  of 
putting  an  end  to  that  influence, 
which,  for  more  than  a  century, 
has  rendered  Portugal  virtually  a 
province  of  the  British  empire. 

The  war  in  the  east  of  Europe, 
will  elsewhere  form  a  prominent 
topic  of  discussion.  We  will  now 
briefly  remark,  that  even  with  Mr. 
Canning,  carried  away  as  he  some- 
times was,  by  the  love  of  glory, 
(which  could  in  no  way  be  so  well 
gratified  as  by  becoming  the  libe- 
rator of  Greece,)  the  real  motive 
of  adopting  the  protocol  of  St.  Pe- 
tersburg, and  the  subsequent  treaty 
of  London  of  6th  of  July,  1826, 
was  to  prevent  Russia  from  turning 
the  contest  for  the  independence 
of  the  Morea,  into  one  for  her  own 
aggrandizement.  The  British  go- 
vernment was  sensible,  that  both 
the  ambition  of  the  Czar,  and  the 
religious  feelings  of  his  subjects, 
prompted  to  a  war  with  Turkey. 
If  this  enterprise  was  undertaken 
by  Russia  alone,  she  would,  in 
the  event  of  being  victorious,  dic- 
tate her  own  terms  ;  while,  if  other 
powers  participated  in  the  war, 
they  might  set  bounds  to  the  fruits 


of  success.  The  obstinacy  of  the 
Porte  defeated,  in  a  great  measure, 
the  calculations  of  the  English 
statesmen  ;  but  when  the  fleet  of 
Turkey  was,  on  the  20th  of  Octo- 
ber, 1827,  almost  destroyed  by  the 
combined  squadron  of  the  three  al- 
lies, public  opinion  in  England  but 
too  well  evinced  the  views  of  the 
country.  On  the  arrival  of  the 
news  in  London}  every  one  ex- 
claimed, "  We  have  been  fighting 
the  battles  of  Russia  ;"  and  even 
the  king  announced  the  victory 
to  parliament  as  untoward. 

The  hatti  scheriff  issued  after 
the  departure  of  the  ambassadors 
from  Constantinople,  had  so  une- 
quivocally shown,  that  the  object 
of  the  Turks,  in  all  previous  trea- 
ties, had  been  merely  to  gain  time, 
and  it  admitted  so  many  violations 
of  positive  conventions  ;  that,  with 
no  propriety  could  the  right  of 
making  war,  on  her  own  account,  be 
refused  to  Russia.  On  the  mode 
in  which  the  different  classes  of 
operations  were  to  be  carried  on, 
were  to  depend  the  advantages 
of  the  respective  allies  ;  and  no- 
thing, it  is  believed,  could  ex- 
ceed the  diplomatic  skill  with  which 
the  interests  of  Russia  were  main- 
tained, as  well  at  London,  where 
conferences  were  constantly  held 
between  the  representatives  of  the 
three  powers,  as  elsewhere. 

It  was  at  first  insisted,  on  the 
part  of  England,  that  the  Emperor 
Nicholas,  by  becoming  a  bellige- 


GREAT  BRITAIN. 


191 


rent,  had  put  it  out  of  the  power  of 
France  and  England  to  regard  him 
any  longer  as  a  mediator.  It  was, 
however,  subsequently  agreed,  that 
the  contingent  of  Russia  should  be 
kept  up  in  th«  Mediterranean  ;  and 
that  her  fleet  should  continue  to 
act  there  as  before  the  declaration 
of  war,  without  reference  to  the 
hostilities  elsewhere  carried  on 
against  the  Ottoman  porte.  For 
this  apparently  anomalous  arrange- 
ment, a  precedent  was  found  in 
the  convention  of  1759,  between 
Russia  and  Sweden,  to  which  Den- 
mark subsequently  acceded.  This 
treaty,  which  not  only  had  in  view 
the  general  peace  of  the  Baltic 
sea ;  but  particularly  provided,  that 
the  Prussian  commerce  should  not 
be  interrupted,  except  in  cases  of 
contraband,  or  violation  of  block- 
ade, was  entered  into  at  a  period 
when  the  contracting  parties  were 
at.  war  with  the  last  mentioned 
power,  and  a  Russian  army  was 
threatening  Berlin. 

But  though  the  king,  in  his  speech 
closing  the  session  of  1828,  stated, 
that  "  his  imperial  majesty  had 
consented  to  waive  the  exercise,  in 
the  Mediterranean  sea,  of  any  right, 
appertaining  to  his  imperial  majes- 
ty, in  the  character  of  a  belligerent 
power;"  yet,  in  the  autumn  of 
that  year,  the  blockade  of  the  Dar- 
danelles was  established.  This 
belligerent  measure  was  maintain- 
ed, till  the  decisive  victories  of 
the  next  year  led  to  the  treaty  of 


peace,  between  Russia  and  Turkey, 
by  which,  besides  a  large  indemni- 
ty for  the  expenses  of  the  war,  and 
for  losses  of  Russian  subjects,  and 
a  confirmation  of  the  ancient  privi- 
leges of  Wallachia  and  Molda- 
via, and  the  rights  of  the  Servians  ; 
the  political  existence  of  Greece 
was  recognised. 

The  proximity  of  the  British  co- 
lonies on  this  continent,  the  rivalry 
which  already  exists  between  the 
United  States  and  them,  in  supply- 
ing Europe  and  the  West  Indies 
with  many  articles  of  great  impor- 
tance  ;  and  the  effect  which  any 
change  in  their  political  condition, 
must  produce  on  the  balance  of 
power  in  America,  render  the  dis- 
cussions respecting  the  Canadas, 
which  occasionally  occupied  the 
attention  of  parliament,  during 
the  two  sessions  under  review,  par- 
ticularly interesting  to  this  country. 

It  had  been  long  admitted  that 
the  condition  of  the  two  provinces, 
was  unsettled,  and  the  tendency 
of  affairs  there  was  obviously  to- 
wards some  important  and  perma- 
nent change.  The  dissatisfaction 
in  the  Canadas  was  great,  and  was 
strongly  impressed  on  the  attention 
of  the  British  ministry.  A  sketch 
of  the  causes  of  this  discontent,  natu- 
rally leads  us  to  an  examination  of 
the  condition  of  the  two  provinces. 
Lower  Canada  contains  two  class- 
es of  inhabitants,  as  dissimilar  from 
each  other  io  habits,  languages  and 
usages,  as  those  of  France  and 


ANNUAL  REGISTER,  1627-8-i). 


England.  The  one  consists  of  the 
descendants  of  the  old  French  fami- 
lies by  whom  the  colony  was  origi- 
nally settled,  and  the  other  of  Bri- 
tish merchants,  and  emigrants,  who 
claim  with  more  than  wonted  na- 
tional arrogance,  all  the  superio- 
rities which  conquest  confers  and 
conquerors  exact. 

The  province  has  now  been  se- 
venty years  under  the  British  crown, 
and  has  for  eight  and  thirty  enjoyed 
the  advantages  of  an  English  con- 
stitution ;  and  yet,  it  may  be  doubt- 
ed if  the  constitution  has  in  any 
considerable  degree  changed  the  re- 
spective character  of  the  inhabit- 
ants. We  cannot  say  that  any  thing 
like  coercion  has  been  allowed  to 
compress  the  Canadians  into  a  fac- 
tion ;  but  although  no  persecution 
has  taken  place,the  English  have  yet 
borne  towards  them  a  contemptuous 
demeanour — naturally  calculated 
to  make  them  coalesce  in  sentiment, 
without  giving  provocation  enough 
to  turn  them  into  enemies.  In  a 
word,  the  political  condition  of  Low- 
er  Canada  may  be  said  to  resem- 
ble  that  of  England  after  the  Nor- 
man conquest. 

The  relationship  between  the 
province  and  England,  does  not  ap. 
pear  to  be  well  understood.  Low- 
er Canada,  according  to  the  usual 
acceptation  of  the  term,  was  really 
not  a  conquered  country,  but  ceded 
or  acquired  by  capitulation,  upon 
conditions,  sanctioned  and  hallowed 


by  treaty.  The  British  did  not  obtain 
an  unrestricted  mastership  and  do- 
minion, such  as  the  Normans  ac- 
quired over  England,  nor  similar  to 
the  authority  which  the  French  in 
latter  times,  have  exercised  over 
so  much  of  Europe.  On  the  con- 
trary, the  acquisition  was  rather  of 
the  nature  of  a  confederation  with 
England,  than  a  conquest,  inasmuch 
as  the  connexion  was  founded  on 
certain  stipulations  as  specific  and 
vital  as  the  articles  of  a  national 
union.  It  probably  was,  in  some 
degree,  owing  to  respect  for  the 
terms  of  the  capitulation  and  trea- 
ty, and  to  the  difficulty  of  impro- 
ving the  institutions  of  the  country, 
without  infringing  on  them,  that  the 
constitutional  act  was  originally  de- 
vised. 

By  that  act,  the  inhabitants  be- 
came empowered  to  judge  and  de- 
termine for  themselves,  as  to  chan- 
ges  in  their  laws  and  institutions  : 
and  the  British  legislature  renoun- 
ced the  right,  so  long  as  the  act  re- 
mained  unaltered,  of  interfering 
with  the  internal  concerns  of  the 
province.  But  the  renunciation 
has  not  been  very  strictly  observ- 
ed ;  instances  of  interference,  es- 
pecially  in  the  Canada  trade  act, 
have  taken  place ;  and  these  have 
had  the  effect  of  sowing  distrust 
among  the  inhabitants. 

Another  cause  of  discontent,  is 
to  be  found  in  the  national  habits 
of  the  two  classes  of  the  popula. 


t^REAT  BRITAIN. 


193 


tion,  and  in  the  uncongenial  cold- 
ness  and  distrust  of  the  British 
settler. 

Of  all  people,  the  British  are  the 
least  disposed  to  amalgamate  with 
others  ;  too  conscious  of  good  in- 
tentions, they  will  not  take  the  trou- 
ble to  conciliate  by  the  minor  morali- 
ty of  manners  ;  and  thus  it  has  hap- 
pened, that  they  are  mingled  with  the 
Canadians  as  water  is  with  oil,  mix- 
ed but  not  incorporated. 

Religion  has  had  also  some  ef- 
fect in  preventing  that  social  amal- 
gamation between  the  two  classes, 
without  which  no  community  can 
ever  be  either  satisfied,  or  well  or- 
dered. 

The  Canadians  are  universally 
Roman  Catholics ;  the  British, 
though  of  different  sects  and  deno- 
minations, are  in  general  Protest- 
ants. The  former,  averse  to  re- 
ceive,  as  they  deemed  it,  the  taint 
of  education  ;  the  latter,  impatient 
to  force  it  upon  them.  It  was  not 
till  the  year  1824,  that  the  house  of 
assembly,  the  majority  of  which  is 
Canadian,  would  permit  parish 
schools  to  be  formed  ;  and  then 
the  law  only  allowed  their  establish- 
ment, so  far  as  the  parishes  chose 
to  educate  their  own  children.  This 
measure,  partial  as  it  was,  would 
not  have  been  carried,  had  not  Lord 
Dalhousie  himself,  taken  a  strong 
personal  interest  in  it. 

Upper  Canada  is  also  disturbed 
from  causes  peculiar  to  itself.  Be- 
sides the  discontents  arising  from 

VOL.  HI. 


the  system  of  espionage,  encour- 
aged by  Sir  Peregrine  Maitland, 
and  the  disputes  relative  to  the  ju- 
diciary of  the  province,  there  were 
others,  resulting  from  the  character 
of  its  population.  The  settlers  of 
this  province,  are  composed  of 
three  distinct  classes. 

Upper  Canada  was  originally- 
settled  by  persons  in  necessitous 
circumstances ;  American  refu- 
gees,  loyalists,  as  they  were  deno- 
minated, who  emigrated  from  the 
United  States  at  the  era  of  their 
independence.  These  persons  re. 
ceived  grants  of  land,  many  of  them 
pensions,  and  some  were  entitled 
to  half  pay. 

Upon  this  foundation,  a  super- 
structure  was  raised ;  a  layer  of 
merchant  adventurers  and  trades- 
men. By  the  former,  in  the  shape 
of  wares  and  merchandise,  some 
capital  was  introduced  into  the 
country;  and  by  the  latter,  who 
were  paid  for  their  labour  in  goods, 
houses  and  buildings  of  a  better 
order  than  consisted  with  the  cir- 
cumstances of  the  inhabitants, 
were  erected.  By  this,  the  coun- 
try  had  prematurely  the  appear, 
ance  of  being  settled  by  a  class 
of  persons,  superior  to  those  who 
are  commonly  the  pioneers  of  a  co- 
lony, while,  in  fact,  the  reverse  was 
the  case.  There  was  no  wealth 
among  them,  little  education,  inso- 
much, that  few  who  made  money 
in  the  country,  thought  of  remain- 
ing there  to  spend  it. 

25 


lu-i- 


ANNUAL  REGISTER,  1827-S-&. 


Besides  these  two  classes,  there 
was  a  third,  consisting  of  military 
settlers,  under  the  auspices  of  go- 
vernment,  and  of  emigrants  from 
Great  Britain,  and  the  United 
States. 

The  inhabitants,  generally,  are 
poor  and  uneducated,  and  not  pos- 
sessed of  the  capital  necessary  for 
the  improvement  of  the  country. 
Yet,  in  this  condition,  they  have 
had  an  English  constitution  given 
to  them,  without  the  proper  mate- 
rials for  aristocratic  institutions. 

Great  dissontent  was  felt  in  both 
provinces,  and  their  situation  had 
for  several  years,  engaged  the  at- 
tention of  the  government. 

On  the  SdofMay,  1828,  a  com- 
mittee of  the   house  of  commons 
was  appointed,  on  motion  of  Mr. 
Huskisson,  then  secretary  for  the 
colonies,   to  inquire  into  the  civil 
government   of  Canada ;    and,  it 
appeared,  from  the  evidence  sdb- 
mitted  to  them,  that  the  difficulties 
for  which  they  were  to  find  a  reme- 
dy  were  of  the  most  complicated 
character.      Besides   the   motives 
to  discontent  already  enumerated, 
there    were    dissentions  between 
the  lower  province   and   the    mo- 
ther country.     In  the  upper  pro- 
vince, the  clergy  reserves,  which, 
as    fixed    by    the    act   of    1794, 
include   one  seventh   part  of   the 
whole  land,  have  occasioned  disa- 
greements  between  the   majority 
of  the  population,  and  the  mem- 
bers of  the  established  church,  as 
well    as    between    the   assembly, 


and  the  government  at  home.  The 
two  provinces  are  also  at  variance 
with  one  another,  as  to  the  regu- 
lation  of  trade,  and  the  navigation 
of  the  St.  Lawrence. 

As  the  French  population  of 
Lower  Canada  is,  to  the  English,  in 
the  proportion  of  six  to  one,  it  would 
necessarily  follow,  that  in  any 
fair  representation,  the  ascendancy 
would  be  on  the  side  of  the  former ; 
but,  it  seems,  that  the  apportion- 
ment made  in  1792,  has  ever  since 
remained  unchanged;  and  that,  con- 
sequently, no  political  power  has 
been  accorded  to  the  townships 
recently  settled  in  the  neighbour- 
hood of  Upper  Canada,  of  which  the 
inhabitants  are,  in  general,  of  En- 
glish origin.  The  effect  of  this 
state  of  things  is,  to  render  nearly 
all  the  fifty  members,  of  which  the 
assembly  is  composed,  of  one  party, 
while  the  upper  house,  deriving  its 
authority  from  the  crown,  and  ha- 
ving a  considerable  number  of 
placemen  in  it,  belongs  to  the  other. 
The  assembly  have  repeatedly  ma- 
nifested their  indisposition  to  re- 
form, by  resisting  the  operation  of 
acts  of  parliament,  passed  with  a 
yiew  to  the  change  of  the  seigneu- 
rial  tenures,  according  to  the  old 
Coutume  de  Paris,  into  the  English 
tenures,  by  free  and  common  so- 
cage,  and  to  the  assimilation,  in 
other  respects,  of  the  laws  of 
Lower  Canada,  to  those  of  the 
mother  country. 

The  English  settlers,  to  whom  a 
large  proportion  of  the  capital  and 


GREAT  BRITAIN. 


195 


enterprise  of  the  country  belongs, 
are  said  to  be  deterred  from  ma- 
king  investments  in  land,  on  ac- 
count of  the  expense  of  the  fees 
on  alienation,  amounting  to  one 
twelfth  of  the  value,  and  the  other 
obstructions  in  the  disposition  of 
real  property,  which  are  tenacious- 
ly adhered  to  by  the  seigneurs. 

A  serious  misunderstanding  arose, 
some  years  ago,  with  respect  to  the 
right  of  the  legislature  to  inquire 
into  the  expenditure  of  that  portion 
of  the  revenue,  about  £35,000, 
which  is  fixed  and  corresponds 
with  the  civil  list  in  England  ;  and 
the  obstacles  interposed  by  the 
executive  to  the  scrutiny,  led  to 
the  refusal  to  grant  the  other 
appropriations,  which  are  about 
£  140,000  per  annum.  This  omis- 
sion to  legislate  was  met  by  an  act 
of  parliament,  (Canada  trade  act,) 
passed  in  1822,  which  imposed,  for 
five  years,  all  the  taxes  then  exist- 
ing ;  and  orders  were  issued  from 
England,  in  pursuance  of  which, 
the  governor  called  directly  on  the 
receiver  general,  for  the  taxes  to 
meet  the  expenses  of  the  province. 
Since  the  enactment  of  the  statute 
referred  to,  the  assembly  had,  it 
was  stated,  with  the  exception  of 
one  session,  only  met  to  be  pro- 
rogued. This  virtual  abrogation  of 
the  right  of  self  government,  was 
not  only  resisted  on  general  princi- 
ples, but  on  account  of  its  repug- 
nance to  former  concessions  of 
parliament.  Besides  the  declara- 


tory act  of  1778,  by  which  England 
relinquished  all  right  to  tax  her 
colonies — granting  them  the  power 
to  impose  duties  on  themselves,  to 
be  applied  to  the  support  of  their 
own  institutions  and  establishments, 
by  the  law  of  1791,  (Mr.  Pitt's 
act,)  the  right  of  control  over  all 
means  arising  from  the  regulation 
oftrade,  was  vested  in  the  colonial 
legislatures.  f  . 

There  were  also  other  complaints 
of  a  more  special  nature  against 
the  mother  country,  among  which 
was  mentioned  a  refusal  of  the 
council — the  dependents  of  the  go- 
vernment at  home,  to  pass  a  law,  re- 
quiring securities/rora  the  receiver 
general,  an  officer  appointed  in 
England ;  and  that  on  the  subse- 
quent defalcation,  to  the  amount  of 
£100,000,  of  the  person  holding 
that  place,  the  colony  was  obliged 
to  make  good  the  deficiency. 

In  the  upper  province  the  cler- 
gy reserves,  as  set  apart  in  1791, 
and  scattered  throughout  the  coun 
try,  present  a  most  fruitful  source' 
of  difficulty.  Only  a  small  por- 
tion of  the  population  is  of  the  es- 
tablished church,  as  was  declared 
by  a  vote  of  38  to  5  in  the  asseml 
bly ;  and  the  majority  insist  that 
other  protestant  clergy,  as  well  as 
those  of  the  church  of  England, 
are  entitled  to  participate  in  the 
appropriations  for  religion.  An 
attempt  to  found  a  college,  on  ex- 
clusive principles,  has  also  led  to 
much  excitement  of  the  same  dew 


ANNUAL  REGISTER,  1827-8-9. 


scription;  while  the  situation  of 
the  clergy  reserves,  through  which 
no  roads  are  made,  creates  great  in- 
convenience throughout  the  pro- 
vince. 

The  community  of  feeling  be- 
tween  the  people  of  Upper  Canada, 
and  the  English  settlers  of  the 
lower  province,  and  the  difference 
of  customs,  religion  and  laws,  be- 
tween the  former  and  the  old  French 
inhabitants,  would  probably  have 
been  sufficient,  independent  of 
other  causes,  to  prevent  any  in- 
timate union  between  the*  two  colo- 
nies ;  but  ample  provision  for  future 
dissensions  was  made  at  the  time 
of  establishing  their  governments. 
It  has  been  observed,  that  the  pow- 
er of  laying  taxes  was  assigned  to 
the  local  legislatures,  but  as  these 
were  to  be  in  a  great  measure 
levied  on  exports  and  imports,  and 
as  Upper  Canada  has  no  seaports,  it 
was  determined,  that  an  apportion- 
ment should  be  made  of  the  duties 
received  at  Montreal  and  Quebec. 
The  power,  however,  of  regulating 
these  duties — a  power  over  a  mat- 
ter common  to  both  provinces,  was 
exclusively  accorded  to  Lower 
Canada,  and  the  proportion  of  du- 
ties, to  vjhich  their  respective  con- 
sumptions entitled  them,  was  to  be 
estimated  from  time  to  time.  Va- 
rious agreements  for  this  object 
were  entered  into  by  the  legisla- 
tures ;  but  the  differences  which 
naturally  resulted  from  this  state  of 
things,  formed  one  of  the  motives 


for  the  attempt  in  1822,  to  unite  the 
two  provinces  into  one  government, 
and  of  the  enactment,  on  the  fail- 
ure of  that  project,  of  the  Canada 
trade  act,  to  which  reference  has 
been  already  made.  The  method 
then  adopted,  was  not  however, 
more  successful  than  previous 
plans,  and  the  regulation  of  trade 
still  remains  a  source  of  much 
embarrassment. 

It  is  not  a  little  curious  to  find, 
in  these  colonial  disputes,  more  or 
less  discussion  on  a  question,  which 
has  heretofore  been  treated  of  be- 
tween the  United  States  and  Great 
Britain.  Express  provision  is 
made  in  the  act  of  1822,  for  the 
passage,  without  duty,  of  boats,  <fcc. 
belonging  to  the  upper  province, 
not  laden  with  foreign  produc- 
tions, into,  or  through  Lower  Ca- 
nada ;  but  there  is  a  saving  of  a 
power  to  the  arbitrators,  who  are 
to  apportion  the  revenue  between 
the  two  provinces,  to  levy  duties 
for  the  improvement  of  the  St. 
Lawrence,  on  the  prayer  of  either 
province.  This  authority,  it  was 
said,  was  abused,  by  imposing  du- 
ties on  rafts,  and  other  timber,  se- 
riously affecting  the  interests  of 
those  who  reside  high  up  the  river. 

To  enforce  their  respective  pre- 
tensions, the  two  parties  in  Lower 
Canada  sent  delegates  to  Eng- 
land, who  supported  their  claims 
before  the  committee.' 

The  committee  did  not  make 
their  report  till  too  late  in  the  ses- 


GREAT  BRITAIN. 


197 


sion  to  allow  of  any  legislative  pro- 
ceedings,  before  the  prorogation. 
They  merely  proposed  some  inter- 
nal  reforms,  of  no  very  great  im- 
portance, and  declared  that  they 
were  not  prepared,  under  present 
circumstances,  to  recommend  a 
union  of  the  two  Canadas,  for 
which  a  petition  had  been  received 
from  some  of  the  inhabitants.  No 
observations  are  made  as  to  the 
probable  duration  of  the  subsisting 
connexion  between  these  provinces 
and  the  mother  country,  nor  are 
there  any  speculations,  with  regard 
to  their  political  condition,  should 
a  separation  take  place. 

As  an  evidence  of  the  spirit  in 
which  the  inquiries  were  conduct- 
ed, it  may  be  remarked,  that,  in 
speaking  of  the  distribution  of  the 
proceeds  of  the  church  lands, 
generally,  the  committee  say,  that 
the  government  ought  to  reserve  to 
itself  the  right  to  apply  the  money, 
if  it  so  thinks  fit,  to  any  protestant 
clergy.  The  law  officers  of  the 
crown  had,  indeed,  given  an  opi- 
nion in  favour  of  the  right  of  the 
church  of  Scotland,  to  participate 
in  those  appropriations  for  the  sup- 
port of  religion. 

The  Governor  General,  the  Earl 
of  Dalhousie,  was  recalled  Jin  the 
course  of  1828,  and  his  successor, 
in  opening  the  legislature  of  Lower 
Canada,  in  November  of  that  year, 
evinced  a  desire  to  bury  in  oblivion 
the  past  dissentions  between  the 
different  branches  of  the  govern- 


ment, and  to  re-establish  perfect 
harmony.  He  added,  "  that  he  had 
special  instructions  as  to  the  appro- 
priation of  the  provincial  revenue, 
which  would  enable  him  to  adjust 
the  difficulties  that  had,  for  so  long 
a  time,  been  a  source  of  discord 
and  irritation." 

But  though  temporary  expe- 
dients may,  for  years;  continue  to 
be  found  to  prevent  any  immediate 
political  change,  yet  circumstan- 
ces exist  which  clearly  show 
that  the  time  is  not  far  distant, 
when  radical  alterations  must  be 
effected.  The  nature  of  the  future 
situation  of  Canada,  it  would  be 
premature  to  predict. 

The  immense  debt  of  Great 
Britain,  which  would  render  any 
sums  that  could  be  reasonably  ex- 
pected  from  a  foreign  power,  a 
matter  of  insignificance,  and  the 
feelings  of  commercial  rivalry, 
which  prevail  with  respect  to  the 
only  state,  from  which  such  a  pro- 
position could  be  looked  for,  would 
probably  make  England  hesitate 
long  before  acceding  to  an 
arrangement  so  repugnant  to  her 
pride,  as  that  which  France  adopt- 
ed in  relation  to  Louisiana.  It 
is,  therefore,  more  than  probable 
that  if  new  difficulties  in  the  pro- 
vince  should  lead  to  a  choice  be- 
tween incurring  the  additional  ex- 
pense of  sending  large  forces  to 
Canada,  or  effecting  a  separation, 
the  establishment  of  an  indepen- 
dent power,  composed  of  the  pre- 


198 


ANNUAL  REGISTER,  1827-8-9. 


sent  British  possessions  in  North 
America,  would  be  preferred  to 
the  annexation  of  a  portion  of  them 
to  the  United  States.  Certain  it 
is,  however,  that  not  only  those 
who  are  led  to  that  opinion  by 
their  general  views  as  to  colonial 
establishments,  but  many  other 
classes  of  politicians,  entertain  the 
belief  that  the  Canadas  will  not, 
for  many  years,  remain  a  part  of 
the  British  empire.  Indeed,  it  is 
only  in  consequence  of  the  oppor- 
tunity which  they  afford,  of  furnish- 
ing additional  sinecures  to  the  de- 
pendents of  aristocracy,  that  any 
anxiety  is  felt  respecting  them. 

In  voting  the  supplies  for  the  ' 
year,  several  remarks  were  made 
with  regard  to  the  public  works  in 
Canada.  Though  the  ministry 
were  sustained  in  continuing  the 
fortifications,  which  must  ultimately 
lead  to  an  enormous  expenditure, 
the  idea  of  the  separation  of 
the  colonies,  from  the  mother 
country,  was  maintained  by  Mr. 
A.  Baring,  Lord  Howick  and 
others.  In  the  course  of  this  de- 
bate, the  new  secretary  for  the 
colonies  (Sir  George  Murray)  ad- 
verted, in  terms  respectful  to  the 
United  States,  to  the  danger  to 
which  Canada  was  exposed,  from 
being  in  the  immediate  neighbour- 
hood of  a  great  power.  We  can- 
not, however,  better  give  the  views 
of  Parliament  on  this  subject,  than 
by  introducing  a  summary  of  this, 


to  us  Americans,  interesting  dis- 
cussion. 

"  Sir  H.  Hardinge  wished,  before 
moving  the  next  grant,  to  request 
the  attention  of  the  committee  for  a 
few  minutes.  And  the  right  ho- 
nourable  gentleman  read  the  resolu- 
tion  to  grant  his  majesty  £30,644, 
to  enable  him  to  provide  works  for 
the  defence  of  Upper  Canada  and 
Halifax.  This  sum,  the  right  ho- 
nourable  secretary  went  on  to  state, 
was  to  construct  part  of  some  works, 
which,  according  to  the  estimate 
made  in  1822,  would  not  exceed 
£340,000.  They  were  of  very 
great  importance,  as  constituting 
the  new  works  for  the  defence 
of  our  North  American  colonies. 
The  finance  committee  had  not 
given  any  opinion  to  the  house  to 
guide  it  on  this  subject,  because  it 
felt  a  great  difficulty  in  forming  an 
opinion  as  to  the  works  proposed. 
In  1819,  the  duke  of  Wellington, 
when  he  was  master  general  of  the 
ordnance,  was  requested  by  the 
secretary  of  state  for  the  colonies, 
to  make  a  report  as  to  the  works 
necessary  for  the  defence  of  the 
Canadas.  An  examination  of  the 
country  was  entered  into,  and  the 
result  of  that  examination  was,  that 
it  would  be  necessary  for  the  de- 
fence of  Canada,  to  establish  a 
branch  water  communication  from 
Montreal  to  Kingston.  The  navi- 
gation was,  in  consequence  of  the 
cataracts  and  other  impediment? 


GREAT  BRITAIN. 


199 


m  the  river  St.  Lawrence,  very 
difficult,  and  it  was  almost  impassa- 
ble   from   Montreal  to    Kingston. 
Moreover,  there  was,  paticularly 
during  the  war,  a  necessity  of  hav- 
ing a  quick  communication  between 
hese  two  places.      The  commer- 
cial advantages  which  would  arise 
from  a  quick  and  safe  water  con- 
yeyance  between  these  two  pJaces, 
others  would  state    to    the   house 
more  ably  than  he  could ;  the  mili- 
tary advantages,  and  the  greatest 
advantage,  perhaps,  would  be  the 
ability  to  carry  stores  to  the  upper 
provinces,  and  to  keep  up  a  rapid 
communication  between  one  part  of 
the  country    and    another,    when 
troops  were  acting  on  the  defensive. 
In  1824,  the  duke  of  Wellington 
sent  a  commission  of  engineer  offi- 
cers out  to  Canada  to  make  a  com. 
plete  report  of  all  the  circumstances. 
A  report  was  made  in  the  same 
year,  or  in  1825  ;  and  in  this  report 
it  was  shown  that  there  was  a  ne- 
cessity for  forming  a  water  com- 
munication, and  for  erecting  for- 
tresses at  the  most  vulnerable  points, 
so  as  to  establish  places  of  security 
for  stores  and  magazines.     In  the 
whole  province,  there    was  not  a 
single  point,  except  Quebec,  where 
a  cartridge  or  a  musket  could  be 
considered  as  in  a  place  of  saiety. 
To  fortify  Kingston  was  of  great 
importance,    because   it  not   only 
supplied    a  place  of  security   for 
stores,   but  it  gave    protection   to 
vessels,  and  formed  a  fortified  har- 


bour  on  Lake  Ontario.  It  was  the 
only  one  on  the  lake.  It  would  also 
be  necessary  to  defend  other  points. 
The  ordnance  department  was  un- 
willing to  leave  any  thing  undone, 
because  it  had  generally  been  re- 
proached with  having  neglected  to 
take  proper  precautionsof defence  in 
time.  The  fortifications  proposed 
were  divided  into  three  classes  ; 
the  first  was  the  most  neces. 
sary ;  the  second  and  third  classes 
were  not  necessary,  and  might  be 
indefinitely  postponed,  or  not 
brought  forward  for  a  term  of  years. 
The  present  plan  embraced  only 
the  first  class  of  work,  which  would 
require  £900,000,  if  they  could  be 
executed  ;  but  the  present  vote  was 
to  apply  only  to  works  at  Kingston 
and  Halifax.  The  remainder  of 
the  sum  would  be  wanted  to  com- 
plete the  plan.  The  question, 
whether  they  should  go  any  fur- 
ther than  to  fortify  Kingston  and 
Halifax,  would  hereafter  be  dis- 
cussed ;  at  present  the  propriety  of 
fortifying  Kingston  as  the  port  of 
lake  Ontario,  and  of  fortifying  Hali- 
fax as  the  chief  place  of  Nova  Sco. 
tia,  could  not  be  doubted.  It  was 
necessary  to  fortify  Halifax  to  de- 
fend the  dock  yard.  At  present,  an 
enterprising  enemy  might  land  in 
the  neighbourhood  of  Halifax,  get  in 
the  rear  of  the  town,  and  destroy  it, 
with  the  dock  yard,  and  all  the 
stores.  It  had  at  present  no  de- 
fences but  what  had  been  tempora- 
rily erected  at  the  exigence  of  the 


200 


ANNUAL  REGISTER,  1827-8-9. 


moment.  Such  works  cost  more  to 
repair  them,  and  keep  them  up, 
than  would  be  required  to  build 
solid  fortifications.  He  believed 
that  during  the  last  30  or  40  years, 
the  expense  of  these  temporary 
fortifications  was  more  than  dou- 
ble the  present  estimate.  It  would 
be  better  and  more  economical,  to 
erect  a  solid  and  permanent  forti- 
fication ;  but  with  these  temporary 
defences,  it  always  turned  out,  that 
when  the  defences  were  wanted, 
they  were  good  for  nothing.  If  the 
house  should  now  vote  this  sum, 
gentlemen  would  be  unfettered  as 
to  the  £900,000-  Whatever  there 
might  be  done  in  other  places,  it 
was  necessary  to  fortify  Halifax 
and  Kingston.  The  right  honoura- 
ble gentleman  then  referred  to  the 
duke  of  Wellington's  opinion  to 
prove  the  necessity  of  the  fortifica- 
tions, and  concluded  by  moving  the 
vote  above  mentioned. 

"  Mr.  Stanley  said,  that  this  vote 
was  insinuated  upon  them,  first  in  a 
small  shape,  next  in  a  large,  and 
lastly,  as  it  now  appeared,  to  en- 
courage an  expenditure,  beginning 
with  thousands,  but  ending  with 
millions.  He  had  consented  to  vote 
£41,000  for  the  Rideau,  and  last 
year,  under  a  pledge,  as  he  con- 
ceived, that  that  amount,  with  the 
other  grants  then  known,  would 
have  completed  the  work ;  but  now, 
according  to  the  commissioners,  a 
delusion  had  been  practised  upon 
them,  and  they  had  to  encounter 


the  enormous  expediture  shadowed 
out  by  the  present  estimates,  or 
else  sacrifice  their  past  outlay.  The 
government  in  the  last  session  of 
parliament  came  down  to  the  house, 
and  called  upon  it  to  vote  an  esti- 
mate of  £42,862 — pledging  itself 
to  the  fact  that  that  sum  would  cov- 
er one  quarter  of  the  whole  esti- 
mate required.  That  estimate  had 
been  now  increased  to  a  claim  for 
£527,000.  The  house  was  called 
on  to  sanction  such  a  vote  as  that, 
and  they  were  told  that  unless  they 
did  so  they  would  stultify  the  whole 
proceeding.  It  was  said  that  the 
expenditure  had  been  commenced, 
and  that  unless  the  works  were 
completed,  all  the  money  laid  out 
upon  them  would  be  so  much  lost. 
Now  what  was  the  fact  ?  He  would 
appeal  to  the  late  secretary  for  the 
colonies,  whether  he  had  not  given 
it  as  his  opinion  in  the  course  oflast 
year,  that  the  whole  case  should 
come  before  parliament — that  the 
works  should  be  in  the  mean  time 
suspended — and  that  during  the 
present  year  the  expenditure  should 
not  exceed  £41,000?  But  now  the 
present  government  came  down 
with  an  estimate  of  £150,000  ;  and 
this,  they  were  told,  formed  only  a 
part  of  the  whole,  amounting  to 
£527,000.  If  he  (Mr.  Stanley) 
wanted  any  proof  of  the  animus 
which  actuated  the  present  half 
military,  half  civil  government, 
he  found  sufficient  in  the  fact, 
that  upon  the  4th  July  this  house 


GREAT  BRITAIN. 


Should  have  first  heard  of  a  sup- 
plementary estimate  of  £30,000  ; 
that  they  should  have  been  called 
upon  to  come  to  a  vote  on  the  sub- 
ject  on  the  following  day,  which 
was  adjourned  accidentally  for  three 
days  ;  and  that  they  were  then  call- 
ed  upon  to  come  to  a  vote,  pledging 
the  house  to  a  further  expenditure 
of  £2,500,000. 

"  Was  it  not  hard  that  at  such  a 
time,  in  the  middle  of  July,  when 
nearly  half  of  the  members  were 
out  of  town,  that  they  should  be 
asked  to  come  to  a  vote  pledging 


professional  man,  to  enter  into  the 
question  of  the  necessity  of  these 
works.  It  was  said  by  the  right 
honourable  gentleman,  that  they 
were  required  as  a  defence  against 
an  enterprising  enemy,  who  should 
happen  to  have  the  command  of 
the  sea — why,  all  these  works 
would  afford  no  defence  against 
such  an  enemy,  and  under  such 
circumstances.  The  right  honoura- 
ble gentleman  contended  for  the  ne- 
cessity of  the  works  at  Kingston. 
How  did  they  maintain  their  supe- 
riority in  the  late  war  on  that  sta^ 


themselves  to   an  expenditure   of    tion?  What  were  the  Americans 
£2,000,000,  and  upwards,  for  mili-     doing  at  Sackett's  Harbour,  which 

was  on  the  opposite  side?  They 
had  dismantled  all  the  works 
there,  and  they  kept  their  resources 
by  them,  until  they  should  be  re- 


tary  fortifications  in  a  country 
which  they  had  but  little  chance  of 
holding  for  any  long  period  of  time  ? 
There  was  a  committee  at  this 
moment  sitting  upon  the  state  of  quired  to  assert  their  naval  supe- 


the  civil  government,  or  rather 
misgovernment  of  Canada,  by  which 
the  feelings  of  the  population  of 
that  colony  had  been  alienated,  and 
which  feelings  would  prove  the  best 
of  all  fortifications.  That  com- 
mittee were  at  present  engaged  in 
an  investigation  as  to  the  best 
means  of  allaying  the  discontents 
existing  in  Canada ;  and  why  not 
wait  for  its  report,  before  the  house 
was  called  upon  to  pledge  itself  to 
such  a  vote  as  this  ?  With  regard 
to  the  works,  the  two  at  present 
under  consideration  had  been  most 
ingeniously  selected  by  the  right 
honourable  gentleman.  It  was  diffi- 
cult for  him,  (Mr.  Stanley,)  an  un- 


VOL.  III. 


26 


riority  on  that  station  in  the  next 
war.  The  fact  was,  that  when  the 
two  millions  and  a  half  should  be 
expended  on  these  works,  the  line 
of  defence  would  still  be  imperfect. 
The  honourable  member  here  re- 
ferred to  the  expenditure  for  the 
works  at  Montreal  and  Niagara,  and 
read  an  extract  from  the  evidence  of 
the  Duke  of  Wellington,  in  which 
his  grace  said,  that  if  he  were  to 
choose  between  the  works  at  Mon. 
treal  and  at  Niagara,  he  would  pre- 
fer  that  the  latter  should  be  erect, 
ed.  The  honourable  member  pro- 
ceeded to  contend,  that  these  forti- 
fications were  perfectly  unnecessa- 
ry, seeing  that  these  colonies  in  the 


•20-2 


ANNUAL  REGISTER,  1627-8-9. 


last  war,  unsupported  by  this  coun- 
try, had  been  able  to  defend  them- 
selves  against  any  invasion  which 
could  come  from  the  United  States. 
For  his  part,  he  did  not  entertain 
much  dread  of  an  invasion  from 
that  quarter.  The  United  States 
supported  no  standing  army  for  the 
purpose  of  invasion  ;  and  a  militia, 
though  admirably  adapted  for  de- 
fence at  home,  was  not  a  force 
adapted  for  invasion.  Indeed,  the 
most  distinguished  statesmen  in 
America  were  of  opinion  that  their 
territory  was,  even  in  its  present 
state,  much  too  extended  ;  and  the 
United  States  would  scarcely  invade 
Canada,  except  with  the  view  of 
annoying  Great  Britain.  Under 
all  circumstances,  he  did  not  think 
that  an  invasion  on  the  part  of  the 
United  States  was  to  be  dreaded. 
He  should  oppose  this  vote ;  as 
the  house,  by  agreeing  to  it,  would 
give  its  sanction  to  a  further  expen- 
diture of  £2,500,000  in  the  erection 
of  works,  which  were,  in  his  opi- 
nion, perfectly  unnecessary. 

"  Sir  E.  Owen  contended,  that  it 
was  probable,  that,  in  the  next  war, 
the  United  States  might  invade 
Canada,  and  that  these  fortifica- 
tions were  necessary  to  defend  the 
colony  against  such  an  invasion. 
With  respect  to  the  difficulties  ex- 
perienced  in  the  naval  warfare 
in  the  last  war,  they  arose  entirely 
from  the  deficiency  of  transports, 
for  which  an  immense  sum  was 
required  at  the  time,  and  by  which 


alone  the  province  had  been  saved 
Yet  notwithstanding  the  large  sums 
which  were  expended,  there  was  a 
waste   of  one  half  of  the  stores. 
Indeed,   Sir   G.    Prevost    was   so 
strongly  impressed  with  the  diffi- 
culties attending  the   transport  of 
the  stores,  down  the  stream,  that  he 
represented  and  urged  the  necessi- 
ty of  a  canal  of  this  kind.     In  the 
late   war,    it   took  a    fortnight    to 
transport   the    stores,    &c.    from 
Montreal  to     Kingston,   in    boats 
which  did  not  average  beyond  two 
tons   each  ;  and  if  a   canal  were 
made,    that     transport     could    be 
acomplished  in  four  or  five  days. 
No  one,  he  fancied,  would  deny  that 
a  fortification  was  necessary  at  the 
dep6t  where  the  transports,  upon 
such  a  canal,  would  discharge  them, 
selves.  The  gallant  member  stated, 
that  the  Americans,  in  descending 
the  river  during  the  last  war,  and 
being  prevented  by  the  rapidity  of 
the  current  from   re-ascending  it, 
were,  upon  their  landing,  beaten  in 
detail  by  our  troops  ;  and  hence,  he 
argued,  that  a  canal  and  a  line  of 
fortifications  were  required  along  the 
river  to  faciliate  the  conveyance  of 
the  troops  and  stores  in  the  next  war, 
and  to  enable  the  colony  to  defend 
itself  successfully  against  invasion . 
"  Mr.  Maberly,   said  it  was  ne- 
cessary for  the  house  to   consider 
what  had  been  the  expense— what 
was  the  present  expense — and  what 
was  likely  to  be   the  expense,  of 
these  works.    They  were   called 


GREAT  BRITAIN. 


upon  to  vote  £41,000  for  the  Rideau 
canal,  the  expenditure  upon  which 
had  already  amounted  to  £87,000, 
and  the  sum  required  to  complete 
it  amounted  to  £440,844,  making  a 
total  of  £527,844.  Then  the  ex- 
pense  of  the  first  class  of  works 
was  estimated  at  £533,000,  and 
that  of  the  second  class  at  £528,000, 
which  in  addition  to  the  estimate  of 
£798,000,  for  fortifications,  made 
a  total  of  £2,386,844.  The  grand 
total,  in  fact,  which  would  be 
necessary  for  the  completion  of 
these  works  might  be  stated  at  not 
less  than  3,000,000,  sterling.  The 
duke  of  Wellington  said  that  the 
defence  of  these  works,  when 
finished,  might  be  maintained  by 
10,000  men.  He  (Mr.  Maberly) 
had  talked  with  military  men,  who 
said  that  double  that  number  of 
men  would  be  required  for  their 
defence.  The  house  should  there- 
fore  bear  in  mind  that  whenever 
those  works  were  completed,  the 
government  would  call  upon  the 
house  to  grant  double  the  number 
of  men  contemplated  by  the  duke 
of  Wellington  ;  and  they  would  be 
told  that  unless  they  agreed  to  the 
estimate,  the  enemy  would  take 
possession  of  the  works.  Had  they, 
he  would  ask,  any  certainty  of 
holding  Canada?  Would  any  one 
guaranty  to  them  more  than  forty 
years'  possession,  at  the  farthest, 
of  these  colonies  ?  In  a  commer- 
cial  point  of  view,  the  possession 
of  Canada  was,  he  conceived,  a 


loss  to  this  country.  They  could 
obtain  timber  much  cheaper  from 
other  parts  of  the  world.  He 
trusted  the  house  would  not  come 
to  a  vote  on  this  occasion,  which 
would  only  lead  the  way  to  an  ex- 
penditure of  upwards  o££3,000,000. 

"  Mr.  Stanley  called  upon  the  go- 
vernment to  say  whether  they  would 
not  follow  this  up  with  other  esti- 
mates ;  and  whether  or  not  the  pre- 
sent expenditure  on  the  works  in 
Canada,  if  sanctioned  by  a  vote  of 
that  house,  would  not  be  followed 
by  further  expenditure  there  ? 

"  Sir  H.  Hardinge  said,  the  ex- 
penditure required  at  present  for 
these  works  was  comprised  in  the 
vote  before'  the  house.  A  great 
deal  had  been  done  in  them.  He 
could  not  at  the  moment  say,  that  if 
^900,000  were  expended,  that 
.£300,000  more  would  not  be  ne- 
cessary to  make  the  line  of  defence 
more  complete.  These  two  works 
were  considered  of  such  importance, 
that  they  were  selected  by  the  duke 
of  Wellington  in  1826,  and  he  (Sir 
H.  Hardinge)  had  orders  from  his 
grace,  who  was  then  master-gene- 
ral  of  the  ordnance,  to  bring  them 
forward  in  the  estimates,  and  lord 
Liverpool  sanctioned  the  proceed, 
ing.  But  the  duke  of  Wellington 
was  sent  to  Petersburgh,  and  they 
were  consequently  suspended.  The 
gallant  officer  read  a  minute  of  his 
grace  the  duke  of  Wellington,  dated 
the  10th  of  June,  1826,  in  which 
his  grace  expressed  his  concurrence 


AVMAL  REGISTER,  1827-8-9. 


in  the  instructions  given  to  the  offi- 
cers who  had  been  sent  out  to  sur- 
vey the  works  :  and  he  adds,  that 
nothing  of  course  would  be  done  in 
the  military  works,  until  the  whole 
had  been  laid  before  parliament 
and  their  assent  obtained.  He  (Sir 
H.  Hardinge)  laid  before  the  finance 
committee  all  the  papers  and  docu- 
ments connected  with  these  works, 
and  no  concealment  whatever  had 
been  practised  on  his  part. 

«Mr.  Robinson  said,  that  after 
hearing  the  explanation  of  the  gal- 
lant general,  he  was  not  content  to 
give  his  vote  for  this  grant.  He 
now  believed  that  the  present  vote 
would  involve  at  least  an  expendi- 
ture of  200,000  more  ;  the  sum  to 
be  expended  was  clearly  indefinite  ; 
and  he  therefore  felt  it  his  duty, 
under  existing  circumstances,  to 
vote  against  the  estimate. 

- '  Lord  John  Russel  said,  that  the 
right  honourable  gentleman  had  said 
that  a  great  deal  would  be  done  by  the 
present  sum,  but  he  did  not  say  that 
a  great  deal  more  would  not  be  requi- 
red to  be  done.  He  was  therefore 
not  surprised  that  the  honourable 
member  opposite  should  have  been 
dissatisfied  with  such  an  explanation. 
It  was  hard  that  the  house  should  be 
called  upon  to  come  to  this  vote  at 
such  a  late  period  of  the  session  ; 
but  certainly  part  of  the  fault  lay 
with  the  finance  committee.  Hav- 
ing examined  the  subject  in  all  its 
bearings,  they  left  it  to  the 
house  to  decide  the  question.  If 


that  were  the  result  at  which  they 
arrived,  it  would  have  been  better 
that  it  had  been  made  known  to  the 
house  some  months  earlier.  He 
was  rather  surprised  that  the  right 
honourable  secretary  for  the  colo- 
nies had  evinced  no  disposition  to 
enter  upon  the  subject.  It  would  be 
much  better,  in  his  opinion,  if  the 
right  honourable  gentleman,  who 
was  the  organ  of  the  noble  duke  at 
the  head  of  the  government,  would 
defer  this  part  of  the  estimate  until 
next  year.  Gentlemen  would  thus- 
have  time  to  consider  of  it,  and  the 
representatives  of  the  people  might 
come  down  in  the  ensuing  session, 
to  state  whether  they  were  willing 
that  government  should  incur  this 
enormous  expense,  at  a  time  when 
the  finances  of  the  country  were 
labouring  under  such  heavy  bur- 
dens. 

"  Mr.  M.  Fitzgerald  could  not  con- 
sider this  subject  in  any  other  light, 
but  as  involving  the  general  ques- 
tion of  colonial  policy.  Some  in- 
dividuals  looked  upon  colonies  as 
nothing  more  than  a  mere  matter 
of  calculation,  a  matter  of  pounds, 
shillings,  and  pence.  He  did  not 
mean  to  enter  into  a  dissertation 
on  the  great  importance  of  colonies 
to  the  parent  state  ;  but  he  would 
assume,  that  it  was  expedient  that 
this  country  should  do  every  thing 
that  appeared  advisable  to  retain 
Canada — a  position  the  truth  of 
which  would  appear  to  any  person 
after  a  little  reflection.  He  could 


GREAT  BRITAIN. 


not  look  at  the  proposition  now 
made,  without  coupling  it  with  the 
security  and  extension  of  British 
commerce,  which  it  ought  to  be 
their  first  object  to  preserve.  In 
his  opinion,  Halifax  was  a  very  im- 
portant station,  presenting  great 
local  advantages,  and  well  calcu- 
lated to  give  a  preponderance  to 
our  naval  power,  and,  consequent- 
ly, to  our  commerce  in  that  part  of 
the  world.  With  respect  to  the 
fortifications  on  the  upper  lake,  if 
money  were  laid  out  there  now,  it 
would  do  away  with  the  necessity 
of  expenditure  to  an  aggravated 
amount  at  a  future  period,  and 
would,  perhaps,  be  the  means  of 
preventing  future  wars  ;  for  if  they 
were  enabled  to  navigate  vessels 
of  war  up  the  canals,  the  Ameri- 
cans, he  was  convinced,  would  ne- 
ver again  be  able  to  contend  on 
equal  terms  with  the  British  on 
lake  Ontario.  Under  all  the  cir- 
cumstances, he  certainly  should 
vote  for  this  grant ;  and  he  trusted 
that  means  would  be  taken  to  se- 
cure the  affections  of  those  colo- 
nies generally. 

"  Mr.  Labouchere  said,  no  person 
was  more  certain  than  he  was,  that 
it  was  impossible  to  keep  Canada, 
without  possessing  the  entire  and 
cordial  affections  of  the  inhabi- 
tants ;  and  while  those  affections 
were  devoted  to  this  country  in  the 
manner  they  had  been,  he  would 
be  the  last  man  in  that  house  to 
consent  to  abandon  the  country  or 


the  people.  In  the  event  of  a  war 
with  America,  which,  though  he 
did  not  think  probable,  he  wa 
bound  to  view  as  possible,  it  would 
be  found  that  they  had  laid  out  the 
money  now  called  for  most  eco- 
nomically. He  wished  this  coun- 
try to  remain  on  friendly  terms 
with  the  United  States  of  America, 
and,  therefore,  he  thought  it  un- 
wise to  hazard  that  friendship  by 
leaving  Canada  a  tempting  and  in- 
viting object  for  invasion. 

"  He  certainly  should  support 
not  only  the  present,  but  all  future 
votes  of  the  like  nature.  This 
country  would  not  be  acting  fairly 
and  justly  to  Canada,  if  protection 
were  not  extended  to  her ;  and 
when  he  spoke  of  British  protec- 
tion, he  meant  effectual  protection. 
When  he  said  he  would  vote  for  the 
present  and  future  grants  of  the 
same  nature,  he  gave  that  pledge 
with  this  condition, — it  was,  that 
efforts  should  be  made,  and  made 
immediately,  to  give  to  Canada  a 
strong,  an  efficient,  and  a  concilia- 
tory government ;  and  that  a  com- 
plete change  should  be  made  in 
the  system  of  disorder  and  mis- 
rule which  had  too  long  prevailed 
there. 

"  Mr.  A.  Baring  conceived  this  to 
be  a  most  important  question,  and 
one  upon  which  much  of  the  con- 
duct and  fate  of  England  for  the 
next  half  century  depended.  Com- 
pared to  the  schemes  they  were 
now  about  to  enter  into  for  defend- 


ANNUAL  REGISTER,  1827-S-y. 


ing  and  fortifying  the  colonies  of 
the  Canadas,  all  the  questions  rela- 
tive to  the  balance  of  power  in  Eu- 
rope were  aa  nothing.  He  did  not 
say  this  with  reference  to  the  ex- 
penditure, important  as  that  might 
be,  but  with  reference  to  much  of 
our  future  feeling  and  system  of 
action.  The  arguments  just  ad- 
dressed to  them  by  the  honourable 
member  for  St.  Michael's,  (Mr.  La- 
bouchere,)  and  the  right  honorable 
member  for  Kerry,  were  calculated 
very  much  to  mislead  the  house 
from  that  calm  consideration  they 
ought  to  bestow  upon  the  question. 
He  did  not  think  either  that  the 
right  honourable  gentleman  (Sir 
H.  Hardinge)  had  acted  with  the 
openness  which  usually  distinguish- 
ed him,  in  bringing  forward  this 
question.  The  cabinet  of  lord  Li- 
verpool decided  that  the  matter  was 
to  be  left  to  the  sense  of  the  parlia- 
ment of  the  country  ;  but  he  really 
thought  that  it  had  been  introduced 
both  at  an  improper  season  of  the 
session,  and  in  an  impropermanner. 
He  conceived  it  to  be  much  better  to 
state  these  things  fairly  and  openly, 
than  by  making  them,  as  it  were,  by 
surprise,  to  attempt  to  hide  the  whole 
of  the  intention  with  which  they 
were  proposed.  The  estimate  was 
found  to  be  altogether  about  <£2,300, 
000  ;  but  when  they  discovered  the 
estimate  to  have  an  error  of  ,£160, 
000  instead  of  .£500,000,  he  thought 
they  ought  to  look  with  suspicion 
upon  all ;  and  he  knew  this  much  of 


those  estimates,  as  well  as  of  the 
state  of  the  Canadas,  and  the  diffi- 
culty of  working  the  ground  ex- 
cept at  one  season  of  the  year,  that 
he  would  be  very  unwilling  to  form 
one  of  any  company  who  took  a 
contract  to  perform  the  work  for 
three  times  the  present  estimate  ! 
He  entreated  the  house,  therefore, 
to  consider  that  they  were  now 
about  to  vote  a  sum  which  would 
form  a  precedent  for  the  expen- 
diture of  an  enormous  amount. 
"  This,  too,  was  the  very  last  time 
they  would  have  an  opportunity  of 
making  a  stand  against  it.  They 
were  about  to  engage  in  the  expen- 
diture of  an  almost  nameless  sum, 
for  the  purpose  of  defending  the 
government  of  this  country  against 
the  people  of  the  Canadas  them- 
selves, and  against  the  attacks  of 
an  immensely  powerful  and  rapid, 
ty  growing  enemy.  In  the  event 
of  a  war  of  that  kind,  he  conceived 
the  contest  to  be  quite  hopeless, 
and  it  was  because  he  thought  so 
that  he  entreated  the  house  to 
pause  before  it  sanctioned  the  pre- 
sent grant.  He  thought  the  Cana- 
das could  not  be  preserved  to  this 
country,  even  if  there  was  not  an 
enemy  close  at  hand,  studying  how 
to  turn  every  little  misunderstand- 
ing into  a  cause  of  disunion.  If 
its  frontier  was  only  wilds  and 
woods,  he  thought,  however,  this 
country  could  not  keep  the  Cana- 
das. He  did  not  mean  to  say,  that 
they  could  not  keep  them  for  20, 


GREAT  BRITAIN. 


or  even  50  years ;  but  he  Was  pre- 
pared to  contend,  that  no  colony  of 
the  kind  ever  could  remain  perma- 
nently fixed  under  European  au- 
thority. If  they  looked  at  the  • 
principle  which  had  governed  all 
colonies,  in  either  ancient  or  mo- 
dern times,  they  must  be  satisfied 
that  it  was  not  in  the  nature  of 
things  to  hold  such  a  colony  at- 
tached to  the  mother  country.  The 
state  of  the  colonies  of  the  Cana- 
das  was  very  different  from  those 
which  contained  a  slave  population 
dependent  on  the  will  of  a  few 
great  proprietors,  who  looked  to 
the  mother  country  as  their  ulti- 
mate place  of  refuge  and  enjoy- 
ment. There  were  certain  ano- 
malies in  a  colony  of  that  kind 
which  made  the  case  very  different 
— but  it  was  neither  for  the  benefit 
of  the  one  country  nor  the  other, 
to  go  on  wasting  their  resources 
upon  objects  which  must  be  totally 
impracticable.  The  right  honour- 
able gentleman  (Mr.  Fitzgerald) 
had  ridiculed  the  idea  of  making 
the  question  of  colonies  one  of 
pounds,  shillings  and  pence ;  but 
he  really  did  not  know  how  else, 
except  in  that  way,  colonies  were 
to  be  looked  at.  They  were  sup- 
ported, he  believed,  by  the  mother 
countries,  purely  on  account  of 
their  commercial  advantages.  The 
honourable  gentleman  then  refer- 
red to  the  colony  of  New  South 
Wales,  in  illustration  of  the  princi- 
ple, and  contended,  that  it  was  im- 


possible for  any  man  to  say,  that 
that  colony,  when  it  came  to  count 
its  millions,  would  be  content  to  re- 
ceive its  governor  from  England.. 
They  might  be  proud  of  having 
extended  the  laws,  and  language, 
and  customs  of  England  to  distant 
regions ;  they  might  be  proud  of 
propagating  the  principles  of  Chris- 
tianity— a  consideration  greater 
than  all ;  but  it  was  contrary  to  the 
nature  of  things  to  suppose  that  a 
colony,  when  it  knew  its  power, 
would  consent  to  be  governed  by 
countries  so  distant,  and  so  widely 
separated  from  the  governed.  But 
in  what  state  were  these  colonies  ? 
They  had  from  one  of  them  more 
than  ten  thousand  petitions  to  the 
king,  complaining  of  the  bad  go- 
vernment -under  which  they  lived, 
and  from  Upper  Canada  an  equal 
number  of  petitions  had  been  pre- 
sented to  the  same  effect.  These 
petitions  were  presented,  not  be- 
cause the  people  were  at  all  disaf- 
fected, but  because  they  felt  that 
they  were  ill  governed.  They  felt 
that  they  were  governed  by  persons 
who  did  not  understand  the  position 
in  which  they  were  placed — by 
persons  who,  on  the  moment  of 
their  arrival,  were  anxious  to  intro- 
duce church  and  state  discipline 
amongst  them.  All  this  might 
have  been  done  with  the  best  pos- 
sible intention,  as  he  had  no  doubt 
it  was  ;  but  it  was  done  under  mis- 
taken notions,  misguided  feelings, 
and  national  prejudices.  Let  them 


208 


ANNUAL  REGISTER,  1827-8-9. 


for  a  moment  reverse  the  state  of 
things.     America  was  now  grow- 
ing  into  a  state  equal  to  this  coun- 
try — she  possessed  power,  and  she 
felt  that  power  increasing.     Sup- 
pose,  then,  for  a  moment,  that  per- 
sons  from  Washington  were  to  be 
sent  over  to  govern  the  different 
districts   of   this    country.     They 
would,  of  course,  come  here  im- 
bued with  all  their  national  feel- 
ings,  and  national  prejudices,  and 
altogether  unacquainted  with  those 
of  this  country.     How,  he  asked, 
would  such  a  government  be  re- 
lished  by  the  people  of  England  ? 
This,  however,  was   the    case    of 
the  Canadas  at  this  moment.     He 
would,  in  support  of  his  argument, 
read  a  single  phrase  from  one  of 
the  petitions  from  Canada,  signed 
by  persons  perfectly  well  affected 
towards  this  country ;  but  if  it  turn- 
ed out  otherwise,  then  the  case  was 
hopeless.     He  would  take  the  ar- 
gument either  way.     The  passage 
to  which  he  alluded  ran  thus :  "  The 
governor,  alike    negligent  of  the 
preservation  of  the  public  money, 
and  prodigal  in  its  expenditure." 
This  was  contained  in  one  of  the 
reports  presented  from  one  of  our 
great  colonies,  when  speaking  of 
its  governor.     When  this  subject 
was  agitated  before,  they  were  told 
that  Lord  Dalhousie  was  so  excel- 
lent a  governor,  and  so  well  be- 
loved, that  he  was  about  to  be  ap. 
pointed  to    some  more   important 
government  in  another  quarter  of 


the  globe.  This  might  be  so  ;  hv< 
did  not  pretend  to  deny  it ;  all  he 
meant  to  say  was,  that  he  was  igno- 
rant of  the  habits  and  feelings  of 

O 

the    people;    and    what    did    this 
prove  ?     That  discontent  and   dis- 
cord must  arise  from  any  distant 
government  of  such  a  colony.    He 
had  much  rather  have  heard  it  said 
that  the  noble  lord  was  an  ineffi- 
cient governor — that  he  was  about 
to  be  sent  home,  and  never  employ- 
ed again  ;  and  that  another  gover- 
nor  was   to    be   employed   in  his 
stead,  who  would  remedy  all  the 
evils  caused  by  his  misgovernment. 
In  such  an  event  there  would  be 
some  hope,  but   at  present  there 
was  none.     In  his  opinion  it  would, 
under  all  circumstances,  be  most 
advisable  to  call  the  colonists  toge- 
ther, and  to  part  with  them  altoge- 
ther, but  as  good  friends.     If  they 
did  this,  they  would  derive  much 
more  advantage  from  it  than  they 
possibly  could  do  by  retaining  them. 
Let  the  house  but  remember  the 
expression  of  Mr.  Jefferson,  when 
the    conquest   of   Louisiana    was 
contemplated — "  When  the  cherry 
is  ripe,  and  ready  to  fall,  you  have 
only  to  open  your  mouth,  you  need 
not  shake  the  tree."     The  honour- 
able member  went  on  to  contend, 
that  this  country  could  not  long  re- 
tain possession  of  Canada  ;  it  was 
a  long  narrow  strip  of  land,  into 
which,  from  its  woods  and  morasses, 
it  would  be  impossible  to  introduce 
a  dense  and  thriving  population,  as 


GREAT  BRITAIN. 


was  contemplated  by  the  honoura- 
ble member  from  Newcastle,  (Mr. 
W.  Horton.)  Under  all  these  cir- 
cumstances, he  felt  bound  to  op- 
pose the  resolution. 

"Sir  G.  Murray  had  listened  with 
the  utmost  attention  to  what  had 
fallen  from  the  honourable  mem- 
ber for  Callington,  as  he  always 
did  upon  every  occasion,  but  more 
particularly  upon  questions  con- 
nected with  America.  He  wished 
the  honourable  member  had  gone 
a  step  further,  and  informed  the 
house  when  this  system  of  the 
abandonment  of  the  Canadas  had 
been  commenced.  The  honoura- 
ble member  had  told  them  his 
views  with  respect  to  New  South 
Wales  ;  perhaps  he  would  add  the 
period  to  which  we  might  retain 
the  cape  of  Good  Hope,  and  from 
thence  proceed  to  the  East  Indies. 
He  should  be  sorry  to  think  that 
this  country  had  so  soon  forgotten 
her  triumphs,  that  we  should  shrink 
into  our  shells,  and  assume  a  posi- 
tion which  would  render  us  con- 
temptible in  our  own  eyes,  and 
degrade  us  in  the  eyes  of  Europe. 
He  admitted  that  America  had  be- 
come a  great  and  flourishing  na- 
tion ;  but  this  country  should  recol- 
lect its  own  acts  during  the  late 
war,  and  it  would  find  that  it  was 
still  in  a  situation  to  defend  its  co- 
lonies. He  did  not  contemplate  a 
war  with  America ;  on  the  contra- 
ry, he  felt  that,  a  state  of  peace  was 
best  for  both  nations ;  but  as  one 
VOL.  III. 


honourable  member  had  alluded  to 
a  claim  lately  made  by  that  nation 
to  a  small  piece  of  territory  bor- 
dering on  New-Brunswick,  he  felt 
called  upon  to  say  a  few  words 
upon  it.  That  claim  would,  he 
had  no  doubt,  be  settled  amicably, 
and  without  any  thing  approaching 
to  a  war.  An  honourable  member 
had  described  America  as  a  most 
ambitious  and  growing  state,  and 
added  that  this  country  would  be 
unable  to  defend  the  Canadas 
against  that  state.  But  the  ho- 
nourable member  ought  to  recollect, 
that  we  defended  the  Canadas  a 
few  years  ago,  and  that  under  cir- 
cumstances of  disadvantage  not 
likely  to  occur  again.  Difficulties 
had,  no  doubt,  arisen  in  those  co- 
lonies, but  so  there  would  in  all 
countries  having  free  institutions. 
A  committee  had  been  appointed 
to  inquire  into  these  matters,  and 
the  government  would  not  be  slow 
in  adopting  the  remedies  pointed 
out  to  them.  With  respect  to  the 
fortifications,  the  committee  had 
been  told,  that  if  they  proceeded  to 
execute  a  part,  they  must  execute 
the  whole  of  them.  Now  this  was 
not  so.  The  works  at  Halifax 
were  altogether  separate  from  the 
works  in  Canada ;  and  it  was  the 
wish  of  government  to  preserve 
the  harbour  as  a  safe  rendezvous 
in  Nova  Scotia  for  our  fleets,  when 
disabled  by  storms,  or  other  cir- 
cumstances. Surely,  honourable 
members  would  not  wish  to  aban- 
27 


ANNUAL  REGISTER,  1637-8-3. 


don  that  safe  and  convenient  har- 
bour, in  which  our  vessels  might 
refit  with  safety.  He  called  upon 
the  committee  to  support  the  works 
at  Kingston  upon  the  same  grounds. 
As  to  the  power  of  our  navy,  he 
had  only  to  observe,  that  at  the 
conclusion  of  the  late  war  we  had 
a  fleet  much  superior  to  that  of  the 
enemy,  although  that  war  was 
commenced  under  every  disadvan- 
tage on  our  part.  As  to  the  Ri- 
deau  canal,  he  considered  it  a  sub- 
ject of  great  importance ;  and 
though  it  had  been  alluded  to  by 
an  honourable  friend  of  his  in  a 
commercial  point  of  view,  yet  its 
immediate  objects  were  of  a  mili- 
tary nature  ;  it  was,  in  fact,  pro- 
posed with  a  view  to  obviate  the 
inconvenience  of  navigating  the 
river  St.  Lawrence,  which  was  ex- 
posed to  attacks  of*  the  enemy  from 
the  opposite  shore.  That  canal 
would  afford  a  ready  and  easy  con- 
veyance of  stores,  which  must 
otherwise  be  transmitted  at  an  im- 
mense expense.  On  a  former  oc- 
casion, the  carriage  of  a  24  pound 
cannon  from  Montreal  to  Kingston, 
cost  from  150  to  £200.  The  car- 
riage of  a  76  cwt.  anchor  cost 
£176  ;  and  when  government  sent 
out  two  vessels  in  frames,  the  car- 
riage of  one  of  them,  a  brig,  from 
Montreal  to  Kingston,  cost  the 
country  £30,000.  The  right  ho- 
nourable gentleman  concluded,  by 
calling  upon  the  house  to  decide 
whether  they  were  ready  to  aban- 


don these  colonies,  or  preserve 
them  with  that  high  spirit  and  inde- 
pendent feeling  which  this  country 
had  hitherto  manifested. 
"  Mr.  Warburton  agreed  with  what 
had  fallen  from  the  honourable 
member  for  Callington,  and  con- 
tended that  the  arguments  of  the 
honourable  member  had  received 
no  answer  from  the  right  honoura- 
ble secretary  for  the  colonies.  He 
felt  that  the  proposed  grant  was  a 
prelude  to  the  expenditure  of 
£2,800,000  in  the  Canadas,  and, 
therefore,  he  should  oppose  it.  The 
real  way  to  protect  and  conciliate 
our  colonies,  was,  not  by  introdu- 
cing church  establishments,  and 
foreign  discipline  amongst  them, 
but  by  consulting  the  wishes  and 
feelings  of  the  people.  As  the 
colonies  were  an  expense  rather 
than  a  benefit  to  this  country,  he 
should  vote  against  the  measure. 

"  Lord  Howick  must  remind  the 
right  honourable  gentleman,  that 
if  this  question  was  discussed  only 
in  conjunction  with  that  of  the  pre- 
sent state  of  Canada,  it  was  the 
fault,  not  of  the  members  on  the 
opposite  benches,  but  of  those 
whose  conduct  rendered  such  a 
discussion  at  all  times  necessary. 
He  thought,  too  much  was  re- 
quired from  parliament  under  pre- 
sent circumstances,  for  the  minis, 
ters  wanted  the  committee  to  do 
that  which  would  amount  to  a 
pledge  that  they  intended  to  keep 
the  British  empire  in  North  Arae- 


GREAT  BRITAIN. 


rica  at  all  risks.  He  thought  parlia- 
ment ought  to  pause  before  it  made 
any  such  determination;  which, 
if  it  could  be  effected,  must  be  at 
an  immense  expense,  but  which 
might  be  attempted  only  in  order 
to  be  defeated.  He  was  fully  con- 
vinced  that  all  our  colonies  must, 
in  the  lapse  of  time,  outgrow  our 
empire  over  them.  We  must, 
therefore,  be  prepared  for  the  dis- 
solution of  our  connexion  with 
Canada ;  but  we  ought  to  prepare 
for  that  dissolution  in  such  a  way, 
that  the  two  countries  might  sepa- 
rate on  the  most  friendly  terms  ; 
taking  a  lesson  from  our  past  expe- 
rience in  the  same  hemisphere,  not 
to  let  the  separation  be  attended 
with  a  war.  He  called  on  parlia- 
ment not  to  fortify  Canada,  but  by 
every  means  to  prepare  her  to  be- 
come independent.  He  thought 
the  vote  ought  to  be  refused  at  the 
present  moment — it  was  a  matter 
of  too  much  importance  to  be  hur- 
ried over  now ;  and  he  should, 
therefore,  support  the  proposition, 
that  it  should  be  postponed  till  the 
next  session,  when  the  members  of 
the  government  would  have  an  op- 
portunity of  coming  forward  to 
state  in  detail  what  were  their  plans 
of  future  policy  with  regard  to 
Canada.  Till  those  plans  of  policy 
were  clearly  and  fairly  laid  before 
parliament,  he  should  certainly  op- 
pose either  a  definitive  vote,  or  one 
which,  like  the  resolution  now  pro- 
posed, would  pledge  the  house  to 


further  more  important  and  more 
expensive  measures. 

"  Mr.  Huskisson  then  rose,  and 
said,  that  although  the  honourable 
member  for  Preston  had  more  than 
once  referred  to  him  in  the  course 
of  his  speech,  he  refrained  from 
rising  at  an  earlier  period  of  the 
debate,  because  he  wished,  before 
he  came  to  decide  upon  the  present 
vote,  to  hear  it  defended  by  some 
competent  authority,  who  would  be 
capable  of  proving  the  necessity 
which  existed  for  those  works,  to 
which  the  vote  had  reference.  He 
was  happy  to  say,  that  he  found 
the  authority  for  which  he  sought 
in  the  speech  of  the  honourable 
the  colonial  secretary,  whose  ex- 
planations had  perfectly  convinced 
him  of  the  necessity  of  this  vote. 
He  (Mr.  Huskisson)  owned,  that, 
notwithstanding  his  late  connexion 
with  the  colonial  department,  he 
was,  in  a  great  degree,  ignorant  of 
those  details  of  which  he  had  wish- 
ed to  be  informed,  and  of  which 
the  several  items  of  expenditure 
included  in  the  present  vote  formed 
a  part.  He  could  not  be  brought 
to  agree,  that  the  United  States  of 
America  were  not  ambitious  of  pos- 
sessing new  territories  ;  and  of  all 
the  British  settlements  which  those 
states  were  desirous  of  possessing, 
he  felt  assured  that  the  Canadas 
formed  the  first  object  of  their  am- 
bition.  He  conceived  that  the  ge- 
nius of  that  great  and  rising  nation 
turned,  perhaps  naturally,  in  pursuit 


-..'I- 


ANNUAL  REGISTER,  1827-8-9. 


of  objects  by  which  to  increase  its 
strength  and  power;  and  he  be- 
lieved  the  ambition  which  prompted 
America,  in  the  year  1812,  though 
perhaps  it  might  be  said  to  lie  dor- 
mant  now,  was,  nevertheless,  ready 
to  be  called  into  action  on  the  first 
occasion.  The  house  should  re- 
collect, that  but  for  the  defenceless 
state  of  the  Canadas  in  1812,  that 
aggression  which  cost  this  country 
so  much  of  its  best  blood,  and  so 
much  of  its  treasure  also,  would 
never  have  taken  place.  Were 
we  not  wise,  therefore,  to  provide 
against  a  similar  aggression,  by 
adopting  those  precautions  which 
wisdom  and  sound  policy  dictated  ? 
When  the  enormous  expense  in» 
curred  in  conveying  arms  and  mi- 
Htary  stores  from  one  part  of  Ca- 
nada to  another  was  considered—- 
when it  was  calculated,  that  in  time 
of  war  that  expenditure  amounted 
to  nearly  £1,000  per  day,  it  was 
surely  a  measure  of  the  soundest 
and  wisest  policy,  to  adopt  that  plan 
by  which'not  only  those  expenses 
would  be  lessened,  but  the  country 
fortified  against  invasion.  The 
question  was  this,  shall  England 
undertake  to  provide  against  future 
aggressions  in  the  Canadas,  by 
rendering  them  capable  of  defence, 
or  shall  we  give  them  up  at  once, 
with  the  losa  of  our  national  cha- 
racter and  honour,  and  overlooking 
those  sacred  duties,  which,  as  a 
parent  country,  we  owed  to  a  tried 
and  faithful  people.  If  we  deter- 


mined, as  surely  as  it  became  our 
station  in  the  rank  of  nations  to 
do,  to  defend  the  Canadas,  we 
ought,  in  the  first  place,  to  consi, 
der  whether  that  defence  should  be 
undertaken  with  every  fair  pros- 
pect  of  success,  or  whether  we 
should,  by  a  niggard  vote  at  pre- 
sent, not  only  render  that  success 
doubtful,  but  increase  the  expense 
which  it  shall  cost  us  at  least  ten- 
fold?  The  whole  question  amounted 
to  this — Were  we,  if  a  struggle 
should  again  occur,  to  run  the  risk 
of  losing  the  Canadas  for  ever,  or 
would  we,  at  a  much  less  expense, 
secure  them  ?  The  honourable 
member  for  Callington  spoke  of 
the  certainty  of  losing  the  Cana- 
das, and,  in  fact,  all  our  foreign 
possessions,  in  the  course  of  time, 
and  in  the  natural  order  of  events. 
Without  endeavouring  to  combat 
a  doctrine  which  was  undoubtedly 
founded  on  the  history  of  past  ages, 
and  the  wisdom  of  experience 
which  this  history  included,  he 
(Mr.  Huskisson)  might  just  be  per- 
mitted to  observe,  that  the  question 
at  present  appeared  to  be,  not 
whether  the  Canadas  should  be 
ours  in  one  hundred  years  to  come, 
but  whether  they  should  continue 
in  our  possession,  or  become  part 
and  parcel  of  that  immense  and 
overgrowing  republic,  whose  am- 
bition was  as  unquestionable  as  the 
means  to  accomplish  it  were  great 
and  formidable. 
"  He,  for  one.  would  say  distinctly. 


GREAT  BRITAIN. 


213 


retain  our  possessions  at  any  cost. 
Indeed,  so  deeply  was  he  convinced 
of  the  necessity  of  pursuing  this 
course,  and  so  all-important  ap- 
peared to  him  to  be  the  question, 
that,  looking  to  the  immense  ad- 
vantages which  we  were  either  to 
gain  or  lose  for  ever,  according  as 
we  pursued  a  wise  or  evil  policy, 
if  he  could  be  positive  that  the 
amount  of  the  present  vote  was  to 
be  expended  with  the  positive  cer- 
tainty that  fifty  years  to  come — not 
to  speak  of  one  hundred — the  Ca- 
nadas  was  to  be  free  and  indepen- 
dent, he  yet  would  not  hesitate  as 
to  the  course  he  should  pursue,  but 
would  as  certainly  give  his  vote, 
under  such  circumstances,  as  he 
was  prepared  to  give  it  now  ;  and 
for  this  reason,  that  if  the  Canadas 
were,  in  time,  to  throw  off  the  con- 
trol of  the  parent  country,  their 
independence  ought  to  be  achieved 
by  the  growth  of  national  honour, 
opulence,  and  population — and, 
above  all,  let  their  independence 
be  effected  rather  by  the  course  of 
natural  events,  than  by  any  pre- 
mature and  unnatural  separation. 
If  they  were  to  become  indepen- 
dent by  the  growth  of  their  own 
resources,  let  us  learn  this  lesson 
of  practical  wisdom,  not  to  encoun- 
ter a  ruinous  war  in  endeavouring 
to  regain  them.  If  the  time  for 
separation  should,  at  last,  arrive, 
let  it  be  like  the  severing  of  the 
members  of  the  same  family,  who, 
long  united  by  the  ties  of  blood 


and  affection,  found  it  at  last  ne- 
cessary to  part,  but  with  the  kind- 
est wishes  for  each  other's  welfare. 
Let  it  be  such  a  separation,  that 
instead  of  alienating,  would 
strengthen  the  foundation  of  those 
feelings  of  mutual  good  will,  which 
arise  from  the  consideration  of 
family  and  blood.  Apart,  there- 
fore,  from  all  considerations  of  the 
duty  which  interest,  or  commercial 
advantage,  or  power,  or  the  consi- 
deration of  patronage — a  conside- 
ration which  some  honourable  gen- 
tlemen had  thought  fit  to  introduce 
into  this  debate,  notwithstanding 
that  it  was  a  consideration  wholly 
unworthy  to  be  mixed  up  with  such 
a  question  ; — independently  of  all 
those  considerations,  he  would  say, 
let  the  Canadas  be  ours  as  long  as 
we  are  in  a  situation  to  retain  them, 
as  long  as  their  loyal  people  shall 
claim  our  protection  ;  and  if,  in  the 
course  of  time — as  who  shall  say 
that  our  connexion  shall  be  eter- 
nal ? — if,  in  the  course  of  events,  a 
separation  shall  take  place,  let  the 
country  to  which  we  were  once 
united,  and  from  which  we  parted 
with  regret,  be  one  to  which,  in 
our  mutual  necessity,  we  might 
look  forward  to  each  other  for  sup. 
port  and  assistance.  Entertaining 
these  views,  he  should  certainly 
support  the  present  vote.  He 
hoped  that  the  grounds  of  irritation, 
which  he  had  admitted  existed  in 
Canada,  would  soon  be  satisfacto- 
rily explained  away.  He  thought 


ANNUAL  REGISTER,  1827-8-9. 


that  the  Canadians  had  some  cause 
of  complaint,  particularly  with 
reference  to  the  allotment  of  the 
lands,  which  too  much  resembled 
a  chess  board.  He  thought  that 
after  forty  years'  possession,  those 
millions  of  acres  should  be  better 
allotted,  and  more  advantageously 
cultivated.  He  felt  assured,  that 
any  irritation  which  might  exist  in 
Canada,  was  but  temporary,  and 
that  no  wish  existed  there  to  shake 
off  the  control  of  England.  He 
should,  indeed,  regret  if  a  contrary 
feeling  existed  ;  and  he  hoped  that 
Canada  would  never  again  become 
the  theatre  of  attack  and  aggres- 
sion, and  the  object  of  ambition  to 
the  United  States  of  America.  He 
trusted  that  when  those  works  were 
completed,  which  were  the  objects 
of  the  present  vote,  that  the  peace 
and  security  of  the  Canadas  would 
be  placed  upon  a  lasting  founda- 
tion,  so  that  whenever  a  separation 
should  take  place,  the  Canadas 
might  not  be  annexed  to  the  United 
States,  but  be  free  and  indepen- 
dent. 

*'  Mr.  Hume  denied  that  his  ho- 
nourable  friend,  the  member  for 
Callington,  was  desirous  of  placing 
the  Canadas  within  the  grasp  of 
the  United  States,  or  that  he  was 
anxious  to  cut  off  our  connexion 
with  those  provinces.  His  ho- 
nourable  friend  had  not  expressed 
himself  to  that  effect.  He  merely 
wished  the  house  to  pause,  before 
it  sanctioned  the  present  large  vote, 


when  it  was  quite  obvious  to  any 
thinking  man,  that  a  separation  of 
the  two  countries  must  in  time  take 
place.  The  honourable  member 
then  went  into  an  estimate,  proving 
that  the  proposed  fortifications  were 
uncalled  for,  and  ill  advised.  On 
these  grounds,  he  conceived  that 
his  majesty's  government  ought  to 
postpone  this  vote  until  the  next 
session,  and  that  then  the  ministry 
should  come  down  to  parliament 
with  their  minds  made  up,  as  to 
the  manner  in  which  they  proposed 
to  legislate  for  those  colonies. 

"  Mr.  Secretary  Peel  would  be 
sorry  to  suffer  the  important  ques- 
tion raised  by  the  honourable  mem- 
ber  for  Callington,  to  pass  without 
some  remarks,  as  to  the  issue  on 
which  he  had  put  it.  The  ho- 
nourable gentleman  had  argued  the 
question  as  if  the  house  had  only 
the  choice  of  two  alternatives, 
either  to  vote  this  sum  for  the  de- 
fence of  the  Canadas,  or  to  aban. 
don  them  altogether.  That  was 
the  fair  and  distinct  issue  on  which 
the  honourable  gentleman  had  sta- 
ted the  question.  It  was  clear, 
that  if  the  honourable  gentleman 
was  not  prepared  to  abandon  the 
Canadas,  his  whole  argument  was 
conclusive  in  favour  of  the  vote. — 
The  honourable  gentleman  himself 
said,  "  don't  disregard  the  Ameri- 
cans. They  are  not  inattentive  to 
military  science.  They  are  train- 
ing up  their  youth  to  arms ;  and 
they  have  an  extended  frontier  for 


GREAT  BRITAIN. 


some  thousands  of  miles  adjoining 
these  colonies."     If  that  was  true, 
was  it  not  wise,  in  time  of  peace, 
to  make  timely  preparation  for  an 
economical  and  effectual  defence  ? 
The  honourable  gentleman  himself 
must  admit,  unless  he  was  prepared 
to  recommend  the  other  alternative 
— that  of  abandoning  the  Canadas 
— that  the  most  economical  mode 
was  to  assist  the  physical  strength 
of  the  population  by  some  system 
of  fortification.  But  he,  (Mr.  Peel,) 
would  ask,  could  this  country  aban- 
don its  colonies  ?     This  was  not  a 
question  to  be  decided  by  conside- 
rations purely  of  a  general  nature. 
He  must  say,  that  while  he  admired 
the   eloquence  and  feeling  of  the 
honourable   member    for   St.    Mi- 
chaels, (Mr.  Labouchere,.)  he  was 
convinced  that  the  honourable  gen- 
tleman's sentiments  were  perfectly 
consistent  with  the  soundest  policy. 
His    advice    was,     "  redress    the 
grievances  of  the  colonies.    Attend 
to  their  just  complaints.      If  there 
be   defects   in  the   act   of    1791, 
apply   a  remedy.      But,   as  they 
have  faithfully  stood  by  you  in  the 
hour  of  danger,  do   not   abandon 
them   now."     Though   considera- 
tions of  feeling  were  not  alone  to 
determine  this  question,  they  were 
not  to  be  disregarded.     He  begged 
the  house  to  consider  what  would 
be  the  effect  produced  on  the  other 
colonies,  if  this  country  were   to 
abandon  the  Canadas.      If   they 
saw  the   weighty   power  of  this 


country  shrinking  into  narrower 
dimensions,  and  used  only  for 
selfish  purposes,  what  conclusion 
must  they  form  ?  He  had  often 
seen,  with  regret,  a  disposition 
shown  to  underrate  the  value  of 
our  possessions  abroad.  He  would 
be  sorry  to  see  this  country,  on 
any  course  of  abstract  reasoning, 
or  political  philosophy,  make  the 
experiment  of  trying  the  effect  the 
loss  of  the  colonies  would  have  on 
the  strength  of  the  empire.  Be- 
sides,  he  must  ask,  in  what  way 
would  they  make  the  experiment 
of  abandoning  the  colonies  ?  The 
honourable  member  for  Aberdeen 
had  never  openly  proposed  to 
abandon  them  altogether,  but  he 
had  talked  of  sounding  their  feel- 
ings as  to  a  separation.  To  any 
such  course  he  (Mr.  Peel)  could 
not  consent.  If  they  were  pre- 
pared to  abandon  the  colonies,  let 
them  make  up  their  minds,  and  no- 
tify their  resolution  ;  but  he  would 
be  ashamed  that  parliament  should 
say  to  the  colonies,  "  do  you  exer- 
cise your  discretion  as  to  this  ques- 
tion ?  Do  you  give  your  voice, 
whether,  having  been  united  for 
better  and  worse,  you  should  not 
agree  to  the  divorce  we  now  pro- 
pose ?"  It  would  be  infinitely  bet- 
ter for  this  country  to  make  up  its 
mind,  than  thus  to  destroy  the 
affectionate  union  with  our  colo- 
nies. Bin  he  did  not  see  on  what 
principle  we  could  abandon  the 
colonies.  We  had  rescued  them 


216 


ANNUAL  REGISTER,  1827-8-9. 


from  the  country  to  which  they 
originally  belonged,  and  they  had 
been  perfectly  faithful.  There 
were  dissentions,  it  was  true  ;  but 
they  were,  perhaps,  inseparable 
from  the  connexion  with  the  mo- 
ther country,  and  from  the  consti- 
tution of  all  free  countries  ;  but  in 
fidelity  and  loyalty  they  had  been 
absolutely  incorruptible.  Was  it, 
then,  for  the  character  and  honour 
of  Great  Brita-n,  to  signify  to  her 
colonies  that  she  was  to  abandon 
them,  as  a  burdensome  connexion  1 
Was  she  to  tell  them,  that  on  ac- 
count of  the  danger  of  their  being 
attacked,  their  defence  would  be 
too  onerous  for  her,  and,  therefore, 
she  proposed  to  dissolve  the  union 
with  them  ?  But  how  were  the  sen- 
timents  of  the  colonies  to  be  ascer- 
tained ?  One  honourable  member 
suggested  that  we  should  summon 
all  the  leading  persons  of  the  pro- 
vinces, and  leave  the  question  to 
their  decision.  But  if  there  was  any 
one  distinct  country  now  able  to 
form  an  independent  government, 
he  much  doubted  whether  it  would 
be  strong  enough  to  maintain  itself 
against  the  American  United  States. 
This  was  a  proposition,  therefore, 
to  which  he  listened  with  reluc- 
tance. Again,  he  would  ask,  was 
this  communication  to  be  made 
only  to  the  three  provinces  in  North 
America,  or,  including  Newfound, 
land,  he  might  say  the  four  pro- 
vinces ?  Was  the  proposition  to 
be  submitted  to  them  all,  or  was  it 


to  be  confined  to  the  Canadas  ? 
They  ought  to  look  practically  at 
this  question.  What  was  to  be 
done.  Were  they  to  propose  that 
the  Canadas  should  become  sepa- 
rate and  independent  states  ?  What 
chance  was  there  that  they  would 
remain  so,  with  a  powerful  neigh- 
bour like  the  United  States  by  their 
side  ?  As  to  New-Brunswick  and 
Nova  Scotia,  they  had  shown  no 
symptoms  of  desertion.  Why  were 
they  to  be  abandoned  ?  Was  the 
proposition  to  be  made  to  New- 
foundland 1  Were  we  to  abandon 
to  the  North  Americans  the  posses- 
sion  of  the  fisheries  on  the  coast 
of  Newfoundland,  and  give  to  the 
United  States,  or  any  other  coun- 
try, the  advantages  we  now  derived 
from  that  source  ?  He  again  call- 
ed on  the  house  to  look  at  this  case 
practically,  and  make  up  their 
minds  upon  it.  He  was  ready  to 
concede  that  the  time  might  come, 
when  this  proposition  might  be 
carried  into  execution.  But,  at 
present,  he  would  ask,  whether  the 
population,  and  natural  strength  of 
these  colonies,  were  such  as  would 
enable  them,  in  case  of  war,  to  re- 
sist the  aggressions  of  the  United 
States  ?  Were  the  population  now 
sufficient  to  defend  themselves 
against  such  an  enemy  T  If  ever 
they  do  form  an  independent  go- 
vernment, said  the  right  honoura- 
ble gentleman,  God  grant  the  dis-- 
solution  of  the  connexion  may  be 
an  amicable  one  !  But,  I  contend. 


GREAT  BRITAIN. 


21V 


that,  looking  forward  to  the  time 
when  they  may  amicably  separate 
from  us,  it  is  by  no  means  certain 
that  this  money  to  provide  them 
with  adequate  means  of  defence 
will  be  ill  expended.  If  we  were 
to  constitute  them  into  a  small  in- 
dependent state,  and  small  it  would 
be  as  compared  with  the  United 
States,  I  should  not  regret  thfc  ex- 
penditure this  country  may  incur, 
by  forming  this  line  of  communi- 
cation behind  the  St.  Lawrence, 
and  establishing  an  efficient  fortifi- 
cation against  invasion.  These 
considerations  induce  me  to  think 
that  we  ought  not  to  sanction  this 
proposition,  either  in  point  of  feel- 
ing, as  it  affected  our  other  colo- 
nies, tending  as  it  does  to  dissolve 
the  charm  of  affection  which  now 
unites  them  to  the  mother  country ; 
nor  do  I  think  that  it  would  be  po- 
litic or  just,  to  propose  the  question 
of  separation  to  the  colonies  them- 
selves. I  would  infinitely  rather 
that  it  should  be  submitted  to  them 
as  a  definitive  proposition,  than  as 
a  question  to  be  invited  by  them- 
selves. The  right  honourable  gen- 
tleman then  contended,  that  it  was 
quite  unfair  to  represent  this  work 
as  entailing  enormous  expense 
on  the  country.  It  was  uncandid 
to  make  such  statements,  after  go- 
vernment had  laid  before  the  house, 
and  the  finance  committee,  all  the 
information  they  possessed,  in  or- 
der to  prevent  any  misconception 
as  to  their  intentions.  It  was  per- 
VOL.  III. 


fectly  true,  that  if  the  whole  plan 
were  carried  into  execution,  the 
total  expense  would  be  two  millions 
and  a  half;  but  the  finance  com- 
mittee had  drawn  the  clear  distinc- 
tion between  -completing  the  first 
line  of  fortification,  and  the  two 
other  lines.  When  the  commission 
of  military  officers  were  sent  to 
Canada, they  suggested  everything 
they  thought  necessary  to  the  de- 
fence of  the  colonies  ;  and  though 
it  was  not  desirable  to  follow  their 
suggestions,  it  was  perfectly  right, 
he  apprehended,  to  lay  them  before 
the  committee.  But  he  would  de- 
stroy this  argument  of  the  two  mil- 
lions  and  a  half,  by  saying,  that  go- 
vernment did  not  consider  that 
house  pledged  to  a  single  shilling 
beyond  what  his  honourable  friend 
had  asked  for,  namely,  £30,000. 
The  sum  would  be  appropriated 
exclusively  to  the  fortifications  at 
Kingston  and  Halifax,  and  not  a 
shilling  would  be  applied  to  the 
plan  of  the  military  commission.  It 
was  for  these  two  fortifications  that 
he  vindicated  this  grant ;  and  if  not 
a  shilling,  he  would  repeat,  should 
ever  be  expended  on  the  line  mark- 
ed out  by  the  military  commission, 
many  advantages  would  be  gained 
by  putting  these  two  fortresses  in  a 
fit  state  of  defence.  Independently 
of  the  Rideau  canal,  the  only  sum 
to  which  the  house  would  stand 
pledged  was  this  of  £30,000.  The 
position  of  Halifax  accounted  for 
the  importance  of  making  it  defen  • 
28 


21S 


ANNUAL  REGISTER,  1827-8-9. 


sible  ;  and  Kingston  was  a  station 
of  equal  importance  in  case  of  a 
naval  war. 

"  The  honourable  member  for 
Preston  had  stated,  that  the  United 
States  had  great  natural  advan- 
tages as  a  neighbour.  That  was 
the  reason  why  this  country  should 
secure  every  advantage  it  could  to 
the  Canadas,  and  particularly  that 
of  a  naval  harbour  on  the  lakes, 
like  Kingston.  Looking  at  the 
expenses  of  the  late  war,  he 
found,  that  in  one  campaign  the 
expense  of  carrying  the  munitions 
of  war  amounted  alone  to  £330,000, 
as  much  as  was  asked  for  comple- 
ting those  two  fortifications.  He 
deprecated  all  notions  of  war,  for 
he  believed  the  true  policy  of  this 
country  was  peace,  and  he  trusted 
we  should  never  go  to  war  but  for 
the  maintenance  of  our  honour,  or 
in  defence  of  some  essential  inte- 
rest. Still,  it  was  most  desirable 
to  be  prepared  for  war,  and,  there- 
fore, he  should  vote  for  this  grant, 
as  he  did  not  consider  the  abandon- 
ment of  the  colonies  consistent  with 
sound  policy. 

"  Mr.  Baring  said,  the  right  ho- 
nourable gentleman  had  treated  his 
suggestion  as  a  proposition  for  the 
abandonment  of  the  colonies.  .Be- 
fore the  house  entered  upon  the 
consideration  of  that  question,  it 
would  be  necessary  to  look  atten- 
tively at  the  state  of  Lower  Cana- 
da, where  the  governor  had  refused 
to  sanction  the  nomination  of  a 


speaker  by  the  house  of  assembly, 
and  where  eight  militia  colonels, 
selected  as  in  this  country,  for  their 
property  and  respectability,  had 
been  dismissed  by  one  proclama- 
tion for  disloyalty.  Meanwhile, 
the  governor  was  disposing  of  mo- 
ney from  the  public  treasury  with- 
out  the  authority  of  the  •  assembly. 
That  was  the  condition  of  Lower 
Canada.  The  case  of  Upper  Ca- 
nada was  nearly  the  same.  There 
were  constant  dissentions  in  the 
legislature  ;  and  the  government 
was  frequently  in  a  minority  of  two 
and  three  on  the  most  vital  ques- 
tions. When  this  was  the  case,  he 
thought  this  a  proper  time  to  say 
to  these  colonies — "  Somehow  or 
other  we  cannot  go  on  in  a  friendly 
way.  With  the  best  intentions  we 
send  out  to  you  the  best  possible 
men  ;  but  you  cannot  agree.  Is 
it  not  better  that  we  should  sepa- 
rate?" Yet  his  suggestion  was 
treated  as  if  it  were  the  proposi- 
tion of  a  hostile  abandonment.  If 
the  battle  was  to  be  fairly  fought, 
the  house  should  at  once  vote  the 
whole  two  millions  and  a  half;  and 
the  house  might  be  sure  that  battle 
must  be  fought  the  first  time  this 
country  was  involved  in  difficulties 
in  any  other  quarter.  As  far  as 
the  military  case  was  concerned, 
he  believed  the  whole  plan  unne- 
cessary ;  and  he  believed  it  would 
be  really  a  measure  of  economy,  if 
we  were  engaged  in  a  serious  war 
there,  as  we  should  be  the  first  timo 


<;KEAT  BRITAIN. 


we  were  at  war  with  Russia  or 
France.  There  were  two  thorns 
in  the  side  of  this  country — Ireland 
and  the  North  American  states. 
If  we  had  a  strong  and  united  go- 
vernment, both  these  thorns  might 
be  removed ;  but  he  had  no  present 
hope  of  seeing  this  riddance.  He 
contended,  that  it  was  the  interest 
of  the  king's  government,  not  to 
shrink  from  their  duty,  as  the  right 
honourable  and  gallant  officer  (Sir 
G.  Murray)  did,  when  he  was  hor- 
ror struck  at  the  idea  of  New  South 
Wales  becoming  independent ;  but 
to  declare  to  the  colonies,  and  to 
the  world,  the  principles  on  which 
separation  was  desirable  for  both 
the  mother  country  and  her  depen. 
dencies," 

The    committee    then    divided. 
The  numbers  were — 
For  the  amendment,  51 

Against  it,  126 

Majority  against  the  amend- 
ment, 75 
The  original  resolution  was  then 
agreed  to. 

The  next  item  was  £135,000,  to 
defray,  for  the  year  1828,  the  ex- 
pense of  the  canals  between  Mon. 
treal  and  Kingston,  which,  after 
some  conversation,  was  agreed  to. 
An  influential  journal,  in  advert- 
ing, at  the  time,  to  the  expense  of 
the  proposed  works,  exclaimed ; 
"  Could  we  not  sell  the  Canadas 
to  the  United  States  ?  We  might 
save  these  three  millions,  and  per- 
haps get  five  millions  more !" 


At  the  next  session  of  Parlia- 
ment, (1829,)  the  statement  that 
5000  men  were  to  be  employed, 
in  North  America,  of  whom,  3000 
were  stationed  in  Canada,  gave 
rise  to  a  debate,  in  which  the 
minister  for  colonies  again  took 
part.  "  It  was  said,"  Sir  George 
Murray  observed,  "  that  there 
ought  not  to  be  any  increase  of 
force,  with  reference  to  the  safety 
of  the  Canadian  frontier.  Now, 
he  willingly  supposed  that  the  Uni- 
ted States  had  not  any  hostile  in- 
tentions towards  Canada ;  but  he 
still  thought,  considering  the  great 
and  rising  power  which  America 
presented,  it  would  be  highly  un- 
wise to  diminish  the  force  upheld 
in  the  neighbouring  frontier." 
The  difficulties  that  had  occur- 
red between  the  governors  and 
legislatures,  in  Canada,  he  ascrib- 
ed to  the  system  in  operation  there, 
and  not  to  the  individuals  at  the 
head  of  the  local  administration. 

During  the  administration  of 
Lord  Liverpool,  instructions  were 
sent,  by  the  colonial  secretary, 
Lord  Bathurst,  to  the  governors  of 
the  West  India  islands,  proposing 
many  reforms  in  the  condition 
of  the  slave  population.  In  the 
islands  where  no  local  legisla- 
tures existed,  they  could  be  put  in 
execution,  at  the  command  of  the 
crown.  In  Jamaica,  however,  it 
was  necessary  that  they  should  be 
passed  upon  by  the  colonial  parlia- 
ment. This  body,  entertaining 


\.VM  AL  REGISTER,  1827-9-9. 


different  views  from  the  govern- 
ment at  home,  on  a  subject,  to  them, 
of  the  most  delicate  nature,  did 
not  comply  fully  with  what  was 
required.  The  law  which  they 
enacted  was  accordingly  rejected 
by  the  crown,  and  as  the  governor 
was  forbidden  to  assent  to  such  a 
bill  as  the  assembly  was  willing 
to  pass,  none  of  the  projected  im- 
provements were  carried  into 
effect  in  that  island. 

Ameliorations  in  the  condition  of 
the  slaves,  had  been  proposed,  by 
encouraging  marriage,  preventing 
the  separation  of  families,  receiv- 
ing the  testimony  of  slaves,  under 
certain  circumstances,  establishing 
a  system  of  manumission,  and 
placing  the  rights  of  those  retained 
in  slavery,  under  the  protection  of 
an  officer,  specially  appointed  for 
that  purpose.  Many  provisions, 
recommended  to  the  legislature, 
had  been  incorporated,  though  in  a 
form  more  or  less  modified,  in  the 
law,  that  had  been  disallowed  in 
England ;  but  it  appears,  from  a 
despatch  of  Mr.  Huskisson,  of  the 
22d  of  September,  1827,  that  the 
great  objection  to  the  Jamaica 
statute,  was  the  restraint  imposed 
on  dissenting  teachers.  "  I  can- 
not," says  the  secretary  for  the 
colonies,  to  the  governor,  "  too 
distinctly  impress  on  you,  that  it  is 
the  settled  purpose  of  his  majesty's 
government,  to  sanction  no  colonial 
law,  which  needlessly  infringes  on 


the  religious  liberty  of  any  class  oi 
his  majesty's  subjects." 

The  general  views  of  govern- 
ment seem  to  have  undergone  no 
alteration  by  the  change  which 
took  place,  during  the  following 
session  of  Parliament,  in  the  per. 
son  intrusted  with  the  chief  direc- 
tion of  the  colonial  department. 
Sir  George  Murray  availed  himself 
of  an  early  occasion,  after  his  en- 
trance  into  office,  to  declare  his 
intention  to  pursue  every  practical 
plan  of  reform  in  the  West  India 
islands  ;  and  he  even  ventured  to 
express  the  hope  that  the  time 
would  arrive,  and  at  no  very  distant 
period,  when  there  would  not  be  a 
slave  within  his  majesty's  extended 
dominions. 

The  system  adopted,  with  re- 
spect to  the  British  empire  in  In- 
dia, is  of  the  most  extraordinary 
character.  There  are  from  a  hun- 
dred to  a  hundred  and  fifty  millions 
of  persons  subject  tq  the  govern- 
ment of  a  company  of  merchants, 
whose  functions  are  partly  political 
and  partly  commercial.  In  the 
former,  they  are,  however,  regu. 
lated,  to  a  limited  extent,  by  the 
powers  vested  in  the  board  of  con- 
trol, named  by  the  crown,  and  the 
president  of  which  is  a  cabinet 
minister. 

As  the  charter  of  the  East  India 
company  will  expire  in  1834,  its 
privileges,  so  far  at  least  as  they 
directly  affected  the  interests  of  the 


GREAT  BRITAIN. 


221 


British  public,  began,  in  1829,  to  be 
a  subject  of  parliamentary  discus- 
sion. It  was  said,  that  India  was 
competent  to  supply  all  the  articles 
that  America  could  furnish ;  and  that 
in  bringing  rice,  cotton  and  tobac- 
co, from  that  country,  two  hundred 
thousand  additional  tons  of  English 
shipping  might  be  employed.  To 
do  this,  however,  it  was  necessary 
to  open  fully  the  India  trade  to  pri- 
vate enterprise.  Previous  to  1814, 
the  commerce  with  that  country 
was  a  strict  monopoly  in  the  hands 
of  the  company.  By  the  act  of 
1813,  the  general  commerce  with 
India  was  opened  to  British  mer- 
chants, subject  to  certain  restric- 
tions; but  the  trade  with  China, 
including  the  tea  trade,  was,  as 
theretofore,  confined  exclusively  to 
the  company.  Private  ships  were 
not  even  allowed  to  go  to  China, 
to  freight  for  parts  of  the  world 
other  than  England.  It  was  said, 
that  in  the  preceding  year,  eleven 


ships  belonging  to  the  United 
States,  came  into  the  Thames,  were 
loaded  with  English  goods,  sailed 
for  China;  from  whence,  after  hav- 
ing made  a  profitable  market,  they 
went  with  their  return  cargoes 
where  they  pleased.  The  trade 
between  China  and  the  continent 
of  Europe,  in  which  tea  is  ex- 
changed for  manufactured  pro- 
ducts, it  was  further  stated,  was, 
carried  on  principally  by  the  Ame- 
ricans. The  good  effects  of  a  free 
trade  with  India,  were  inferred 
from  the  advantages  that  had  at- 
tended the  partial  opening  of  it  to 
private  merchants.  In  1814,  the 
British  exports  to  countries  beyond 
the  Cape,  were  only  in  value 
£1,600,000;  while  in  1828  they 
amounted  toj£5,000,000.  The  chan- 
cellor of  the  exchequer  promised 
to  afford  the  house  a  full  opportu- 
nity of  going  into  an  investigation 
of  this  subject,  at  their  next  ses- 
sion. 


CHAPTER  VIII. 


France. — Creation  of  new  Peers — New  Ministry— Opening  of  Chambers— 
Parties  in  the  Chambers — Choice  of  President — Discussions  on  King's 
Speech — On  Post  Office — Electoral  and  jury  lists — Foreign  Relations — 
Freedom  of  the  Press— Charges  against  the  late  Cabinet — Public  in- 
struction—Clerical education  in  France — Budgets — Account  of  the 
Session — Recall  of  Troops  from  Spain — Expedition  to  Morea — Situa- 
tion of  Ministry. 


THE  civil  history  of  France,  pre- 
sents us  with  many  revolutions  in 
its  internal  administration,  of  a 
character,  similar  to  those  to  which 
we  have  adverted  in  our  summary 
of  English  affairs. 

We  concluded  our  account,  in 
the  last  volume,  with  the  dissolution 
of  the  chamber  of  deputies,  and 
the  elections  consequent  on  that 
event.  This  appeal  to  public  opi. 
nion,  resulted  in  the  entire  discom- 
fiture of  the  Villele  party.  The 
decree,  which  put  an  end  to  the  old 
chamber  of  deputies,  was  accom- 
panied by  another,  well  calculated 
to  alienate  all  the  disinterested  elec- 
tors, that  still  remained  attached  to 
the  ministry.  The  right  of  making 
peers  at  pleasure*  is  an  undoubted 
prerogative  of  the  crown.  When, 
however,  it  is  exercised  for  the  pur- 
pose of  effecting  a  political  object, 
in  a  monarchy  limited  by  the  pow- 
er of  the  legislature,  of  which  these 


peers  are  to  form  an  integral  part, 
the  spirit  of  the  constitution  is  clear- 
ly violated.  The  case  of  the  cre- 
ation of  twelve  peers  at  once,  which 
occurred  in  England,  in  the  reign 
of  Queen  Anne,  would  be  an  unfor- 
tunate precedent  to  adduce  at  the 
present  day,  even  in  the  country  in 
which  it  had  its  origin* 

By  one  ordinance,  seventy-six 
peers  were,  on  the  5th  November, 
1827,  added  to  the  upper  house  of 
the  French  legislature.  Many  of 
these  new  lords  were  obscure  indi- 
viduals ;  some  of  them  were  taken 
from  the  lowest  order  of  the  pro- 
vincial nobility  ;  and  want  of  here- 
ditary distinction  in  the  others, 
was  only  compensated  for,  by  the 
entire  devotion  which,  as  members 
of  the  late  chamber  of  deputies, 
they  had  manifested  to  the  party  in 
power.  In  looking  over  the  names, 
we  scarcely  find  any  one,  save  that 
of  Soult,  calculated  to  recall  the 


224 


ANNUAL  REGISTER,  1827-8-9. 


recollection  of  honourable  servi- 
ces, performed  in  the  cause  of  the 
state. 

To  this  long  list,  were  also  add- 
ed,  on  the  4th  January,  1828,  the 
day  they  were  dismissed  from  their 
ministerial  functions,  Messrs.  Vil- 
lele, De  Peyronnet,  and  Corbieres. 
The  distinction  thus  conferred  on 
these  members  of  the  retiring  cabi- 
net, besides  the  usual  one,  of  naming 
them  ministers  of  state,  and  mem- 
bers  of  the  privy  council,  was  ac- 
companied by  an  extraordinary 
provision,  dispensing,  in  their  fa- 
vour, with  the  obligations  imposed 
by  the  ordinance  of  1817.  By  the 
ordinance  in  question,  it  was  neces- 
sary for  every  person,  raised  to  the 
peerage,  to  constitute  a  majorat,  to 
the  extent ;  in  the  case  of  a  Baron, 
of  10,000  francs  per  annum  ;  and  of 
a  larger  amount,  if  the  title  was  of  a 
higher  order ;  the  capital  of  which 
was  to  be  invested  in  the  public 
stocks,  or  real  estate,  and  to  remain 
inalienably  attached  to  the  title. 

On  the  partial  dissolution  of  the 
Villele  ministry,  the  Count  de  la 
Ferronays,  who  was  an  experienced 
diplomatist,  and  had  recently  filled 
the  important  embassy  at  St.  Pe- 
tersburg, was  appointed  minister  of 
foreign  affairs,  in  the  place  of  the 
Count  de  Damas.  The  Count  Por- 
talis,  whose  father  had  been  cele- 
brated, and  honoured  in  his  legisla- 
tive and  professional  career,  and 
who  had  himself  gained  great  cre- 
dit with  the  liberals,  by  his  report, 


in  the  previous  session,  against  the 
Jesuits,  became  keeper  of  the  seals, 
and  minister  of  justice,  in  the  room 
of  M.  de  Peyronnet.  M.  de  Caux, 
a  member  of  the  chamber  ofdepu. 
ties,  was  named  minister  of  war, 
the  office  which  the  Marquis  de 
Clermont  Tonnere  had  previously 
occupied.  To  M.  Martignac,  who 
had  held  a  subordinate  office  under 
the  late  ministry,  and  had  defended 
them  in  the  chamber  of  deputies, 
with  much  ability,  was  assigned  M. 
de  Corbiere's  post  of  minister  of 
the  interior. 

The  Count  Roy,  originally  an 
advocate,  was  appointed  minister  of 
finance,  but  without  associating 
with  this  place,  as  M.  Villele  had 
done,  the  presidency  of  the  council. 
He  had  been  the  predecessor  of  M, 
Villele  in  the  department  to  which 
he  was  again  called,  and  after  his 
retirement,  had  distinguished  him- 
self by  his  strenuous  and  effectual 
opposition  to  his  successor's  plan  of 
converting  the  stocks,  bearing  a 
higher  rate  of  interest,  into  three 
per  cents. — a  subject  which,  in 
1 824,  was  one  of  engrossing  interest 
in  the  internal  politics  of  France. 
The  department  of  commerce 
was  erected  into  a  separate  minis- 
try,  and  assigned  to  M.  St.  Cricq, 
who  had  been  for  several  years  at 
its  head,  as  director  general  of  the 
customs. 

M.  de  Chabrol,  minister  of  ma- 
rine, whose  moderation  had  made 
him  popular  with  the  former  oppo- 


FRANCE. 


iition,  and  who  was  reported  to 
have  disapproved  of  several  of  the 
measures  of  his  colleagues,  parti- 
cularly the  dissolution  of  the  nation- 
al guards,  was  included  in  the  new 
arrangement ;  as  was  likewise 
Count  de  Frayssinuos,  minister  of 
ecclesiastical  affairs.  The  depart- 
ment  of  public  instruction  was, 
however,  taken  from  M.  de  Frayssi- 
nous,  and  raised  to  a  ministry,  to 
which  M.  de  Vatismenil,  one  of  the 
six  advocates  general  of  the  court 
of  cassation,  was  appointed  by  an 
ordinance  of  i  st  February. 

Thus  constituted,  the  ministers 
prepared  to  meet  the  chambers, 
whose  session  was  opened  by  the 
king's  speech,  on  5th  February.* 

This  document  contained  a  ge- 
neral assurance  of  the  amicable  re- 
lations of  France,  with  other  Euro* 
pean  powers,  and  a  hope  that  the 
independence  of  Greece  would  be 
achieved  without  further  resistance 
from  the  Ottoman  Porte. 

The  affair  of  Navarino,  was  al- 
luded to,  in  language  very  differ- 
ent from  that  employed  by  the  Bri- 
tish king.  "  The  unforeseen  com- 
bat  at  Navarino,"  said  Charles  X., 
"  has  been  at  once,  an  occasion  to 
give  glory  to  our  arms,  and  the  most 
striking  pledge  of  union  of  the  three 
flags." 

The  intended  evacuation  of  Spain, 
at  an  early  day,  was  then  announ- 
ced, and  it  was  declared,  that  the 


blockade  of  Algiers  should  cease, 
the  moment  that  proper  satisfaction 
was  received.  With  respect  to  the 
aggressions  on  the  French  flag,  in 
the  American  seas,  just  reparations 
had  been  required,  and  measures 
adopted  to  protect  French  com- 
merce for  the  future,  against  every 
injury. 

The  motives  for  separating  pub- 
lic instruction  from  the  ministry  of 
religion,  and  establishing  a  new 
member  of  the  cabinet  in  the  per- 
son of  a  minister  of  commerce, 
were  then  explained.  Assurances 
were  also  given,  that  measures 
would  be  pursued  with  wisdom,  and 
mature  deliberation,  to  make  the 
legislation  of  the  country  harmo- 
nize with  the  charter. 

In  the  upper  house,  the  new 
peers,  created  by  the  ordinances 
of  the  5th  of  November,  1827,  and 
the  4th  of  January,  1828,  were  re- 
ceived without  the  agitation  of  any 
question,  respecting  the  legality  of 
their  nomination.  The  address  of 
this  body,  in  answer  to  the  king's 
speech,  was  a  mere  repetition  of 
the  royal  words.  It  was  adopted 
by  192  votes,  to  15. 

In  the  chamber  of  deputies,  much 
difficulty  was  apprehended,  from 
the  singular  combination  of  the 
parties,  which  had  brought  about 
the  late  political  revolution.  Com- 
mon opposition  to  the  Villele  mi- 
nistry, had  united  the  wannest  ad 


VOL.  Ill 


Public  Document*,  second  part 
29 


ANNUAL  REGISTER,  1827-8-9. 


vocates  of  the  royal  prerogative, 
with  those  who  were  more  than 
suspected  of  republican  tendencies. 
In  many  of  the  electoral  colleges, 
a  party  canvass  had  preceded  the 
formal  election,  and  the  liberal,  or 
the  anti-Villele  royalist,  was  pre- 
ferred by  the  coalition,  according 
as  the  one,  or  the  other ,  could  ex. 
hibit  the  greatest  display  of  strength, 
at  the  preliminary  trial.  When, 
however,  the  object  of  the  com. 
bination  was  effected,  there  was 
every  reason  to  suppose  that  irre- 
concileable  differences  on  essential 
points,  would  prevent  any  fruits 
being  reaped  from  the  victory. 

On  their  arrival  in  Paris,  the 
members  formed  clubs,  or  caucuses, 
(to  use  a  term,  whose  meaning  will 
not  be  misunderstood  in  this  coun- 
try,) according  to  the  different 
political  complexions.  The  seats 
were  also  taken  in  the  chamber 
agreeably  to  this  principle  ;  which, 
indeed,  has  always  been  the  es- 
tablished usage  in  France,  since 
the  commencement  of  the  repre- 
sentative government.  The  apart- 
ment in  which  the  deliberations 
take  place,  is  in  the  form  of  an 
amphitheatre.  The  moderate  party 
occupied  the  centre,  sitting  towards 
the  left  or  right,  according  as  their 
tendencies  were  to  enlarge  the 
popular  power,  or  the  royal  pre- 
rogative. The  extreme  left  was 
the  place  of  Lafayette,  Benjamin 
Constant,  and  their  associates ;  and 


the  opposite  position,  the 

right,  that  of  the  ultra  royalists. 

Neither  of  the  two  principal  par- 
ties,  that  of  the  extreme  right, 
(cote  droit,)  or  the  one  composed 
of  the  deputies  of  the  left  side,  (cote 
gauche,)  and  left  centre,  (centre 
gauche,)  with  which,  also,  some  of 
the  right  centre  (centre  droit)  were 
associated,  could  form  a  majority  of 
the  house.  The  balance  of  power 
rested  with  a  fraction  of  about 
thirty  members  detached  from  the 
right,  (cote  droit)  and  which  in- 
cluded Messrs.  Hyde  de  Neuville, 
Delalot,  and  other  individuals  of 
distinguished  consideration. 

Before  proceeding  to  the  election 
of  the  president,  and  other  officers, 
the  French  parliamentary  usage  is. 
to  assemble  under  the  presidency 
of  the  doyen  d'dge,  or  oldest  mem- 
ber, and  verify  the  powers  of  the 
different  deputies.  This  proceed- 
ing, which  occupied  the  chamber 
upwards  of  a  fortnight,  gave  rise 
to  long  discussions^  in  which  many 
illegal  and  corrupt  transactions,  on 
the  part  of  the  prefects  and  others, 
holding  office  under  the  late  ad- 
ministration, were  brought  to  light. 

This  preliminary  business  being 
disposed  of,  the  22d  of  February 
was  fixed  on,  for  the  choice  of  the 
five  members,  from  whom  the  king 
was,  according  to  law,  to  select  the 
president.  The  two  leading  par- 
ties  had  each  their  candidates  ;  but 
as  neither  possessed  an  absolute 


FRANCE. 


majority,  and  the  negotiations  with 
the  neutral  fraction  had  hitherto 
proved  unsuccessful,  the  first  ballot- 
ing was  without  result.  On  the  next 
day,  however,  the  dissenting  royal- 
ists having  associated  with  the 
liberals,  it  was  declared  that  M. 
Delalot,  M.  Hyde  de  Neuville, 
M.  Royer  Collard,  M.  Gauthier 
and  M.  Casimir  Perier,  had  re- 
ceived a  majority  of  the  whole 
number  of  votes.  The  two  first 
belonged  to  the  small  party,  to 
which  we  have  alluded ;  the  three 
last  were  liberals.  It  was  there- 
fore evident,  that  Messrs.  Delalot 
and  Neuville,  were  indebted  for 
their  distinction,  to  the  aid  which 
they  had  agreed  to  furnish  towards 
the  election  of  their  colleagues. 
The  king,  looking  to  the  real  force 
of  the  parties,  and  being  probably 
dissatisfied  with  the  course  pursued 
bythe  dissenting  royalists,  deviated 
from  the  general  rule,  of  naming 
the  member  who  had  received  the 
highest  number  of  votes,  and  made 
choice  of  M.  Royer  Collard.  The 
popularity  of  this  gentleman  had 
been  well  attested,  by  the  simul- 
taneous selection  which  seven  col- 
leges had  made  of  him  as  their 
deputy  ;  and  he  had  been  distin. 
guished  not  only,  as  one  of  the 
most  able  deputies  of  his  party, 
but  his  name  had  long  ranked 
among  the  celebrated  French  lite- 
rati. Even  at  this  moment,  he  re- 
tains the  chair  of  Philosophy,  at  the 
Sorbonne,  which  is  occupied  by 


the  far-famed  Cousin,  as  his  sub- 
stitute. 

The  liberals,  to  compensate  their 
new  friends  for  any  slight  that 
might  have  been  intended,  by  the 
royal  decision,  chose  the  vice-pre- 
sidents, secretaries,  and  other  of- 
ficers, almost  exclusively  from  the 
small  fraction.  Before  the  dis. 
cussion  of  the  answer  to  the  king's 
speech  in  the  deputies,  a  further 
change  occurred  in  the  cabinet,  by 
the  resignation,  on  the  4th  of  March, 
of  M.  Chabrol,  minister  of  marine, 
and  of  M.  Frayssinous,  minister 
of  ecclesiastical  affairs.  Their 
port-folios  were  confided  to  M. 
Hyde  de  Neuville,  and  to  M. 
Feutrier,  Bishop  of  Beauvais. 

M.  Neuville,  of  whom  mention 
has  already  been  made  as  one  of 
the  chiefs  of  the  new  majority,  is 
well  known  in  the  country,  where 
he  resided  for  many  years,  first  as 
a  private  individual,  and  after  the 
restoration  of  the  Bourbons,  as 
minister  plenipotentiary,  from  his 
most  Christian  majesty.  He  had 
been  an  ultra  royalist,  but  after  his 
return  from  the  embassy  to  Lisbon, 
his  course  in  the  chamber  of  de- 
puties was  so  violent  in  opposition 
to  the  last  administration,  as  even 
to  lead  to  the  withdrawal  from  him 
of  the  diplomatic  pension,  to  which 
the  offices  that  he  had  filled  regu. 
larly  entitled  him.  The  bishop  of 
Beauvais  was  a  prelate  of  great 
prudence  and  moderation. 

The  liberal  party  received  fur- 


- 


ANMAL  REGISTER,  1827-6-9. 


iher  accessions  of  strength  from 
the  new  elections  to  supply  the  va- 
cancies occasioned  by  the  illegal 
returns  set  aside  by  the  chamber, 
and  by  the  choice  which  several  col- 
leges had  simultaneously  made,  of 
the  leaders  of  the  popular  party, 
who,  in  general,  selected,  as  the 
places  to  represent,  those  depart- 
ments  in  which  the  future  triumph 
of  their  friends  seemed  the  most 
doubtful.  Among  the  vacancies 
thus  created,  were  those  of  the 
deputies  for  six  of  the  arrondis* 
mens  of  Paris.  To  secure  success 
to  the  liberals,  previous  meetings 
were  held,  and  a  selection  made 
from  among  the  candidates  of  the 
party,  of  the  one  on  whom  it  was 
agreed  that  the  suffrages  of  all 
should  fall.  Those  assemblies  were 
immediately  declared  to  be  revo- 
lutionary,  and  to  menace  a  return 
of  the  Jacobin  clubs.  The  Paris 
elections  were,  of  course,  all  fa. 
vourable  to  the  liberal  side. 

The  deputies'  address  to  the  king, 
adopted  on  8th  March,  was,  in 
general,  an  echo  of  the  speech  to 
which  it  was  an  answer.  It,  how- 
ever,  contained  this  remarkable 
passage,  which  was  not  adopted  till 
after  a  long  discussion,  and  great 
opposition  :  "  The  complaints  of 
France  expressed  our  repugnance 
to  the  deplorable  system,  which 
rendered  illusory  the  promises  of  the 
king."  The  sovereign,  in  his  reply, 
sufficiently  manifested  the  feelings 
which  this  extraordinary  commu- 


nication was  well  calculated  to 
occasion,  by  observing  that  "  His 
words  were  addressed  to  the  whole 
chamber ;  and  that  it  would  have 
been  extremely  pleasing  to  him,  if 
its  answer  could  have  been  unani- 
mous." 

After  the  chamber  was  definitive- 
ly organized,  several  propositions 
were  made,  calculated  to  produce 
discussions  on  the  recent  political 
occurrences.  One  of  the  first  acts 
was  the  repeal  of  the  resolution  of 
the  last  session,  establishing  a  com- 
mission to  watch  over  the  execu- 
tion of  the  law  respecting  the  press, 
so  far  as  concerned  the  preroga- 
tives of  the  chamber. 

A  proposition  by  M.  de  Conny, 
to  subject  all  members  of  the  cham- 
ber accepting  office  to  a  new  elec- 
tion, gave  rise  to  long  and  ani- 
mated discussions.  The  resolution 
was  referred  to  a  commission,  who 
reported  in  favour  of  its  adoption, 
with  an  exception  as  to  officers  of 
the  navy  and  army,  who  might  be 
promoted  by  seniority. 

In  the  chamber  the  measure  was 
supported  on  the  ground  of  being 
essential  to  secure  a  proper  inde- 
pendence on  the  part  of  the  repre- 
sentative, while  it  in  no  way  inter- 
fered with  the  just  prerogative  of 
the  crown.  If  a  deputy  accepted 
office,  without  violating  those  prin- 
ciples, the  possession  of  which  had 
procured  him  the  confidence  of  his 
fellow  citizens,  there  could  be  no 
inconvenience  sustained  from  his 


FRANCE. 


•eing  again  subjected  to  the  scru- 
tiny of  the  electoral  urn.  If,  on 
the  other  hand,  a  representative  of 
the  people  had,  by  the  influence 
which  the  patronage  of  the  crown 
affords,  become  the  supporter  of 
views,  that  his  constituents  did  not 
approve,  nothing  could  be  more 
just,  than  that  they  should  have  an 
opportunity  of  replacing  him  by 
one  whose  opinions  accorded  with 
their  own. 

By  its  opponents,  the  proposition 
was  inveighed  against,  as  disgrace- 
ful to  the  members  and  to  the 
French  character,  which  was  above 
all  suspicion  of  being  influenced 
by  corrupt  motives.  It  was  also 
declared  to  be  an  attack  on  the 
dignity  of  the  royal  prerogative. 
Having,  however,  been  amended, 
so  as  only  to  vacate  the  seat  of  the 
new  functionary  at  the  end  of  the 
session,  during  which  he  accepts 
office,  the  resolution  was  passed 
by  a  vote  of  144  to  133. 

But  it  was  rejected  in  the  peers, 
to  whom  it  was  communicated,  by 
a  vote  of  210  to  41.  The  reporter 
of  the  commission  in  the  upper 
house,  in  stating  the  reasons  for 
refusing  to  recommend  its  adoption, 
repelled  the  argument  which  it  was 
attempted  to  draw  from  the  prac- 
tice of  England,  by  stating  that 
re-election  was  there  a  simple  for- 
mality, the  government  always 
having  a  sufficient  number  of  bo- 
roughs at  its.  command,  to  return 
any  functionaries  to  Parliament, 


who   might  be   rejected  by  their 
former  constituents. 

The  mode  of  transacting  busi- 
ness in  the  French  chamber  differs 
from  the  English  and  American 
s)  stems.  The  crown  has  the  ini- 
tiative of  all  laws,  which  may,  how- 
ever,  be  amended  by  the  chambers, 
and  again  submitted  to  the  appro- 
bation of  the  king.  They  are  laid 
before  the  legislature  by  the  mi-, 
nisters,  or  by  commissioners  named 
for  that  purpose,  who  have  the 
right  of  speaking  in  both  houses, 
though  they  may  not  be  members 
of  either.  It  is  also  competent  for 
the  chambers  to  pray  the  king  to 
propose  a  law  on  any  subject  re- 
specting which  they  may  conceive 
legislation  to  be  necessary  ;  and  it 
was  in  that  way,  that  the  discus- 
sion to  which  we  have  just  alluded 
was  brought  forward. 

In  either  case,  before  a  matter 
is  discussed  in  the  chamber,  it  is 
referred  to  the  bureaux,  into  which 
the  chamber  is  distributed,  from 
time  to  time,  by  lot,  and  by  them 
to  a  commission,  of  which  each 
bureau  names  one  membe^  who 
is  supposed  to  express  the  views  of 
the  portion  of  the  deputies  whom 
he  represents.  The  rapporteur  of 
the  commission,  corresponding  with 
the  chairman  of  a  committee  with 
us,  brings  the  subject  before  the 
chamber,  after  which  the  general 
debate  begins. 

The  same  mode  of  reference 
prevails  in  the  case  of  a  petition, 


230 


ANNUAL  REGISTER,  1827-8-9. 


and  such  latitude  is  given  to  this 
privilege  of  the  citizen,  that  nume- 
rous memorials  from  obscure  indi- 
viduals,  not  on  matters  affecting 
their  private  interests,  but  on  sub- 
jects of  general  policy,  are  con- 
stantly addressed  to  the  chamber, 
and  receive  the  disposition  that  has 
just  been  explained. 

Among  the  petitions  presented,  at 
an  early  period  of  the  session,  one 
complaining  of  abuses  in  the  post-of- 
fice attracted  considerable  attention. 
It  had  long  been  understood  through- 
out Europe,  that  a  regular  bureau 
existed  in  this  department,  as  is, 
indeed,  the  case  in  the  post  offices 
of  most  other  countries  on  the  con- 
tinent, for  the  examination  of  let- 
ters, with  a  view  of  ascertaining 
from  them  such  particulars  as  might 
be  of  use  either  to  the  internal  po- 
lice of  fhe  kingdom,  or  lead  to  a 
knowledge  of  the  secrets  of  foreign 
governments.  During  the  latter 
part  of  the  Villele  administration, 
it  was  also  intimated,  that  bank 
notes,  and  other  inclosures  of  value, 
had  been  taken  from  packets  trans- 
mitted through  the  post  office. 
These  frauds  were  attributed  to  the 
demoralization  introduced  into  the 
administration  of  this  department  by 
the  deplorable  example  of  violating 
the  secresy  of  private  correspon- 
dence— an  example  which  the  di- 
rector general  was  accused  of  hav- 
ing himself  given,  by  confiding  this 
secret  service  to  a  mysterious  bu- 


reau,  designated  by  the  name  of  the 
black  cabinet,  (cabinet  noir.) 

The  petitioner  submitted  to  the 
chamber  the  inquiry,  whether  the 
monopoly  granted  to  the  adminis. 
tration  of  the  post  for  the  carriage 
of  letters,  did  not  carry  with  it  a 
responsibility  for  the  effects  which 
they  contained  ;  and  also  whether 
it  was  not  expedient  to  suppress 
this  monopoly.  The  reporter  of 
the  commission,  while  he  admitted 
that  the  petition  was  well  founded, 
at  least  as  to  the  first  point,  pro- 
posed its  reference  to  the  minister 
of  finance. 

Warmly  attacked  by  M.  Petou, 
who  exclaimed  against  the  losses 
which  commerce  had  sustained 
from  the  post,  and  declared  that 
he  was  far  from  being  convinced 
as  to  the  recent  suppression  of  the 
black  cabinet,  M.  de  Vaulchier, 
the  director  general,  offered  some 
explanations,  tending  to  exculpate 
his  administration  from  the  charges 
made  against  it.  He  admitted  that 
some  letters  had  been  taken  out  of 
the  office  to  the  prejudice  of  mer- 
chants, but  imputed  this  to  the  in- 
fidelity of  clerks,  who  had  been 
deUvered  over  to  justice.  Ques- 
tioned as  to  the  existence  of  a 
black  cabinet,  he  replied,  that  that 
was  a  popular  rumour,  and  "  that 
he  was  unacquainted  with  a  cabinet 
of  any  colour." 

On  the  latter  point,  the  minister 
of  finance  thus  expressed  himself; 


TRANCE. 


'•  As  to  what  has  been  said  of  a 
black  cabinet,  that  is  to  say,  of  a 
bureau  where  letters  are  opened,  I 
declare  that  this  cabinet,  or  this 
bureau,  does  not  exist."  "  That  is 
to  say,"  replied  several  members 
of  the  cote  guache,  "  it  no  longer 
exists,  and  we  thank  you  for  its 
suppression." 

On  the  25th  of  March  zprojet  of 
a  law,  respecting  the  electoral  and 
jury  lists,was  presented  to  the  cham- 
ber of  deputies.  It  contained  pro- 
visions for  the  annual  revision  and 
correction  of  these  lists,  so  as  not 
only  to  add  or  exclude  the  indi- 
viduals, who  may  have  acquired  or 
lost  their  privilege  during  the  year, 
but  also  to  remove  those  who  may 
have  previously  been  improperly 
placed  there.  As  this  was  a  law 
strongly  called  for,  on  account  of 
the  many  frauds  which  had  taken 
place  at  the  previous  election,  and 
was,  moreover,  the  first  important 
measure  of  the  new  administration, 
it  excited  a  warm  interest.  It  was 
carried  in  the  deputies,  after  thir- 
teen days  discussion,  during  which 
many  of  the  illegal  proceedings  of 
the  ex-ministry  were  brought  for- 
ward, by  a  vote  of  257  to  105.  In 
the  peers,  it  was  approved  by  159 
to  83. 

A  proposition  made  on  the  14th 
of  April,  to  create  four  millions  of 
rentes,  or  a  debt  of  eighty  millions, 
caused  a  long  discussion  on  the 
foreign  relations  of  the  country. 
On  this  occasion,  M.  de  Ferronays 


observed,  that  as  tiie  affairs  of 
Turkey  had  produced  much  em- 
barrassment in  the  politics  of  the 
world,  as  several  powers  were  in 
arms,  and  others  might  soon  be  so, 
France  ought  not  to  await  events  : 
she  ought  to  be  prepared  to  fulfil 
all  the  conditions  of  a  prudent  po- 
licy ;  and  although  every  thing  au- 
thorized the  expectation  that  the 
proceedings  of  foreign  powers 
would  have  for  their  object  only 
the  execution  of  treaties,  and  the 
confirmation  of  a  general  peace, 
the  government  had  conceived  that 
it  was  not  the  less  necessary  to  ob- 
tain the  means  to  place  on  a  suita- 
ble establishment,  the  land  and 
naval  forces  of  the  kingdom. 

Before  the  several  discussion  of 
the  propositions  for  the  loan,  (13th 
May,)  the  manifesto  of  the  empe- 
ror of  Russia  against  the  Ottoman 
Porte  had  been  received  ;  and  by 
an  ordinance  of  llth  May,  60,000 
men  of  the  class  of  1827  had  been 
called  into  service. 

The  minister  of  foreign  affairs, 
ascending  the  tribune,  spoke  as 
follows  :  ''•  Russia,  you  are  aware, 
gentlemen,  has  determined  to  reply- 
by  war  to  the  imprudent  procla- 
mation, to  call  it  by  no  stronger 
term,  addressed  by  the  Grand  Seig. 
nor  to  the  Mussulmans.  We  have 
published  all  the  documents,  which 
have  reached  us  from  St.  Peters- 
burg,  and  which  at  the  same  time 
announce  the  motives  of  the  war, 
as  well  as  fix  the  conditions,  by  the 


282 


ANNUAL  REGISTER,  18*7-8-9. 


accomplishment  of  which  its  dura- 
ration  may  be  limited.  Russian 
troops  have  already  passed  the 
frontier,  and  the  emperor  has  set 
out,  to  put  himself  at  the  head  of 
his  army. 

"  The  right  of  Russia  to  demand, 
by  force,  the  execution  of  her  trea- 
ties, assuredly  cannot  be  contested. 
However,  without  wishing  to  exag- 
gerate the  possible  consequences 
of  this  separate  proceeding,  it  may 
well  be  conceived,  that  the  respec- 
tive relations  of  the  different  pow. 
ers,  with  regard  to  Turkey,  require, 
at  this  time,  some  explanations  as 
to  the  execution  of  a  treaty,  which 
is  common  to  them.  All  that  we 
can  now  say  is,  that  the  allies  of 
the  king  declare  that  they  wish 
equally  with  him^  to  keep  their  en- 
gagements,  and  attain  the  end 
pointed  out  by  the  treaty  of  July 
6th,  1827." 

The  possible  aggrandizement  of 
Russia  was  regarded,  in  the  discus- 
sion which  ensued,  as  indeed  it  al- 
so was  by  the  whole  nation,  in  a 
very  different  light  from  that  in 
which  it  was  viewed  by  England. 
A  collision  between  Russia  and 
France,  under  almost  any  circum- 
stances that  could  be  conceived, 
was  scarcely  possible  ;  while  the 
latter  power  was  greatly  interested 
in  supporting  any  measure,  which 
might  take  from  England  her  ma- 
ritime supremacy.  In  case  of  a 
war  with  her  insular  neighbours,  it 
is  to  the  Czar  that  France  may 


hereafter  reasonably  look  for  aid; 
The  extension  of  the  Russian  ter. 
ritories  to  Constantinople,  even  the 
junction  of  all  the  Turkish  provin. 
ces,  including  Greece,  to  the  great 
empire  of  the  east,  could  not  affect 
her,  otherwise  than  advantageous- 
ly. It  was  only,  in  fact,  by  such  a 
state  of  things,  that  the  French  na- 
vy could  hope  to  be  able  to  contend 
with  that  of  Great  Britain.  Were 
Turkey  in  Europe  once  in  pos- 
session of  a  civilized  nation,  what 
might  not  be  expected  from  such 
a  power  as  a  maritime  auxiliary  ? 

Were  France  to  be  exposed  to 
difficulties  with  her  continental 
neighbours,  looking  to  history  and 
geographical  position,  Austria,  of 
the  large  states,  is  the  one  with 
which  she  is  most  likely  to  have 
collisions ;  and  as  this  power  is 
constantly  in  dread  of  the  advance 
of  the  Russians,  she  naturally  es- 
teems England  as  her  ally,  against 
a  common  rival.  This  considera- 
tion likewise  constitutes  another 
bond  of  union  between  France  and 
Russia.  Accordingly,  we  find,  in 
the  new  balance  of  European  pow- 
er, England  and  Austria  placed  in 
one  scale,  and  France  and  Russia 
in  the  other. 

Although,  during  the  joint  nego- 
tiations of  the  three  powers,  as  to 
Turkey,  France  remained  avowedly 
neutral ;  and  the  language  of 
Charles  X.,  respecting  the  battle 
of  Navarino,  the  speeches  of  the 
French  ministers,  and  especially, 


FRANCE. 


the  expedition  to  the  Morea,  in  the 
autumn  of  this  year,  when  con- 
trasted  with  what  has  been  said  of 
the  policy  and  conduct  of  England, 
sufficiently  indicate,  without  resort- 
ing to  diplomatic  rumours,  the  very 
different  feelings  with  which  the 
treaty  of  mediation  was  executed  by 
the  two  nations. 

In  the  debate  on  the  proposed 
loan,  the  affairs  of  Portugal,  being 
brought  into  view,  M .  Neuville  de- 
clared "  that  the  government  of  the 
king  had  avowed  its  policy ;  it  knows 
that  the  queen  of  Portugal  is  in 
Brazils,  and  that  there  is  only  a 
regent  at  Lisbon." 

The  proposition  of  a  new  law  of 
the  press,  was  taken  advantage  of, 
to  debate  those  general  questions 
of  abstract  right,  with  the  discus- 
sion of  which,  the  French  particu- 
larly delight.  We  cannot  follow 
the  speakers  through  their  several 
arguments,  but  must  content  our- 
selves with  a  notice  of  the  new  act. 
By  it,  every  Frenchman  has  the 
right  of  establishing  a  daily  newspa- 
per, or  other  periodical,  on  giving 
the  security  therein  mentioned, 
and  which  is  200,000  francs,  for  a 
journal  that  appears  more  than  once 
a  week.  The  law  did  not,  on  ac- 
count of  the  security  demanded,  go 
far  enough  to  meet  the  views  of 
the  liberals ;  but,  as  it  abolished  the 
censorship,  which  the  government 
had  had  the  power  to  impose,  and 
rendered  unnecessary  the  previews 
assent  of  the  minister  to  the  esta- 

VOL.  III. 


blishment  oi  a  paper,  much  was 
done  to  harmonize  the  law  of  the 
press  with  the  principles  of  free  in- 
stitutions. 

On  the  14th  of  June,  a  proposi- 
tion of  a  very  extraordinary  charac- 
ter  was  made  by  M.  Labbey  de  Pom- 
pieres,  the  doyen  d'dge,  of  the 
chamber.  As  finally  modified  by  the 
mover,  and  sent  to  the  bureaux,  the 
resolution  went  to  the  extent  of 
charging  the  late  ministry  with  pe- 
culation and  treason.  The  com- 
mission were  unable  to  make  a 
thorough  investigation,  owing  to 
their  want  of  power  to  send  for  per- 
sons  and  papers.  The  public  func- 
tionaries were  unwilling  to  deliver 
the  documents  demanded ;  the 
ministers  refused,  in  the  then  state 
of  the  proceedings,  to  communi- 
cate the  instructions  and  circulars 
addressed  by  the  old  administration, 
to  the  prefects,  and  other  magis- 
trates ;  military  officers  declined 
attending  the  commission,  without 
the  orders  of  the  minister  of  war. 
which  were  not  given. 

The  commission  was  conse- 
quently compelled  to  found  its  de- 
cision on  public  and  notorious  facts : 
and,  after  holding  a  great  many 
meetings,  they  finally  made  a  report 
on  the  21st  July.  On  some  of  the 
charges,  the  members  had  been 
unanimous  in  acquitting  ;  on  others, 
the  vote  for  impeachment,  or 
for  farther  inquiry,  had  been  car- 
ried by  a  majority.  We  will  give 
the  commission's  own  conclusions 

30 


234 


ANNUAL  REGISTER,  1827-8-9, 


on  the  inquiry  submitted  to  them, 
as  they  will  enable  our  readers  to 
form  an  opinion  of  the  nature  of 
the  charges  preferred  against  the 
late  administration,  as  well  as  of 
the  views  which  the  French  enter- 
tain  of  ministerial  responsibility. 

"  The  majority  of  our   commis-  - 
sion,"  says  the  reporter,  "  has  de- 
cided, 

"  1.  That  members  of  religious 
orders  have  not  been  secretly  re- 
called to  France,  by  the  late  mi- 
nistry. 

"2.  That  protection  and  tolera- 
tion were  accorded  to  the  Jesuits 
by  the  late  ministry,  contrary  to 
law. 

"3.  That  the  re-establishment  of 
the  censorship  in  1824,  and  1827, 
had  not  been  demanded  by  the 
weighty  circumstances  prescribed 
by  the  law. 

"  4.  That  the  late  ministry  were 
not  chargeable  with  want  of  favour 
to  the  protest  ants. 

"  5.  That  there  had  been  arbitrary 
and  improper  removals  from  office, 
by  the  late  ministry. 

"  6.  That  there  had  been  a  squan- 
dering of  the  property  of  the  state, 
on  occasion  of  the  Spanish  war. 

"  7.  That  on  the  question,  whether 
this  squandering  of  the  property  of 
the  state,  was  to  be  imputed  to  the 
late  ministry,  and  whether  the  po- 
litical system  which  it  had  pursu- 
ed was  contrary  to  the  interests  of 
France,  the  committee  had  not  the 
requisite  information  to  decide. 


"  8.  That  the  advice  which  had 
been  given  to  the  king,  to  create 
seventy -six  peers,  in  1827,  was 
contrary  to  the  interests  of  the 
crown  and  country. 

"  9.  That  the  course  pursued  by 
the  administration  as  to  the  distur- 
bances of  the  19th  and  20th  No- 
vember,  had  been  censurable. 

"10.  That  several  inhabitants  of 
Martinique  had  been  arbitrarily 
arrested,  and  illegally  banished  to 
-Senegal. 

"  1 1 .  That  the  transmission  to  the 
court  of  cassation,  of  the  documents 
furnished  by  some  of  these  inhabi- 
tants, had  been  illegally  delayed 
for  many  months. 

"  12.  That  the  arrest  of  colonel 
Caron,  at  Battenheim,  had  been 
preceded,  accompanied  and  fol- 
lowed by  censurable  proceedings. 

"  13.  That  there  had  been  a  grant 
by  the  last  administration  of  certain 
rights  and  privileges  belonging  to 
the  state,  to  the  Carthusian  monks 
at  Grenoble,  and  to  theTrappists  at 
Meilleraie  ;  and  that  other  ces- 
sions had  been  previously  made  to 
the  Carthusians  at  Grenoble." 

It  was  decided  that  the  facts  re- 
specting the  disbandment  of  the 
national  guards  of  Paris,  the  arbi- 
trary removals  from  office,  the  elec- 
tions of  1824,  and  those  which  rela- 
ted to  the  inhabitants  of  Martinique, 
and  the  grants  to  the  Carthusians, 
and  Trappists,  did  not  authorize  an 
accusation  for  treason. 

Upon  the  other  points,  the  majo. 


FRANCE. 


rity  of  the  commission  had  enter- 
tained  doubts^  Under  these  cir- 
cumstances,  it  was  ultimately  de- 
termined to  propose  to  the  chamber, 
"  to  declare  that  there  was  occasion 
for  procuring  further  information 
respecting  the  accusation  of  trea- 
son, thathad  been  advanced  against 
the  late  ministry." 

As  the  consideration  of  the  re- 
port was  deferred  till  after  the  set- 
tlement of  the  budget,  when  most 
of  the  members  generally  leave 
Paris,  it  was  virtually  postponed 
for  the  session.  The  absence  of 
all  precedents  or  rules  for  proceed- 
ing in  such  cases,  interposed  weighty 
obstacles  to  any  successful  prose- 
cution of  the  charge.  Many  of  the 
former  opposition  doubted  whether 
the  conduct  of  the  administration, 
though  of  a  nature  to  afford  just 
grounds  for  their  removal  from  of- 
fice, (which,  indeed,  the  withdraw- 
al of  the  public  confidence,  always 
renders  necessary  in  a  representa- 
tive government,)  was  of  a  character 
to  authorize  ulterior  proceedings. 
Others,  who  were  at  first  inclined 
for  impeachment,  conceived  that 
sufficient  had  been  done,  by  direct- 
ing the  investigation  already  made. 
Accordingly,  though  the  subject 
was  introduced  at  the  next  session, 
a  motion  respecting  it  was  with- 
drawn  by  the  general  wish  of  all 
parties,  without  any  formal  vote  be- 
ing taken. 

In  the  course  of  the  preliminary 
debates,  on  the  proposal  to  impeach 


the  late  ministers,  as  well  as  on 
other  occasions,  during  the  session, 
many  arbitrary,  if  not  illegal  acts, 
done  by  them,  besides  those  spe- 
cially mentioned,  were  alluded  to. 
In  no  particular  was  their  con- 
duct more  uniform,  than  in  their  op- 
position to  literature  and  science, 
to  the  dissemination  of  liberal  edu- 
cation, and  in  the  encouragement 
accorded  to  bigotry  and  supersti- 
tion. They  withdrew  pensions, 
that  had  been  granted  merely  as 
the  reward  of  merit,  from  literary 
men,  who  had  been  induced  to  look 
to  the  bounty  of  the  state,  as  a  fix- 
ed and  certain  source  of  support. 
They  suppressed  the  normal 
school,  or  seminary  for  the  instruc- 
tion of  teachers  ;  expelled  by  a  sim- 
ple ordinance,  the  professors  of  the 
school  of  medicine  ;  and  suspended 
the  most  eminent  of  those  belong- 
ing to  other  faculties.  Even  Cou- 
sin and  Guizot,  whose  courses  are 
now  frequented  by  thousands  of  the 
youth  of  France,  zealous  for  in- 
struction in  the  highest  depart- 
ments of  moral  science,  were  igno- 
miniously  driven  from  their  lecture 
rooms.  While  the  monopoly  of  edu- 
cation, enjoyed  by  the  university, 
was  resorted  to,  in  order  to  prevent 
the  inculcation  of  any  doctrines 
that  might  militate  against  the 
views  of  the  dominant  party,  semi- 
naries of  the  Jesuits  were  establish- 
ed  throughout  the  kingdom;  and  the 
good  friends  of  royalty,  were  en- 
couraged to  send  their  children  to 


ANNUAL  REGISTER,  1827-8-9. 


them,  to  receive  pure  instruction  in 
politics  and  religion. 

The  new  administration  did  not 
lose  the  opportunity,  which  the 
reversal  of  these  proceedings  was 
calculated  to  give,  of  acquiring 
popularity.  The  literary  pensions 
were  restored,  the  professors  re- 
called  to  their  vacant  chairs,  and 
by  the  ordinances  of  the  16th  of 
June,  1828,  all  the  elementary 
schools  were  made  to  conform  to 
the  laws. 

As  early,  indepd,  fts,  the  2Qth  of 
January,  a  commission,  consisting 
of  the  archbishop  of  Paris,  the 
bishop  of  Beauvais,  three  peers  of 
France,  (the  viscount  Laine,  the 
baron  Seguier,  and  the  baron  Mou- 
nier,)  three  members  of  the  cham- 
ber of  the  deputies,  (the  count 
Alexis  de  Noailles,  the  count  de  la 
Bourdongaye,  and  the  elder  M. 
Dupin,)  and  of  M.  de  Courville,  a 
member  of  the  council  of  the  uni- 
versity,  had  been  appointed  to  in- 
vestigate  this  subject. 

The  commission  had  much  dif. 
ficulty  in  agreeing  on  a  report ; 
which  was,  however,  finally  made 
on  the  28th  of  May. 

In  the  detailed  account  submit, 
ted  to  the  king,  the  commission 
were  unanimous  respecting  the 
necessity  of  only  admitting  into  the 
clerical  seminaries,  studies  com. 
patible  with  the  ecclesiastical  pro- 
fession  ;  of  limiting  the  number  of 
pupils,  to  the  acknowledged  wants 
«f  the  church ;  of  prohibiting  the  ad- 


mission  of  unmatriculated  students^ 
and  of  affording ]  some  aid  to  these 
institutions.  As  to  the  legality  of 
the  eight  establishments  confided 
to  the  Jesuits,  the  commission  was 
divided ;  two  of  the  members 
pronouncing  against  the  right  of 
the  bishops  to  employ  persons  be- 
longing to  this  monastic  order, 
whose  existence  in  France  was 
prohibited,  by  the  general  laws  of 
the  kingdom,  and  five  voting  in 
favour  of  the  Jesuits. 

That  report  produced  the  warm. 
est  sensation,  which  it  was,  how. 
ever,  attempted  to  allay,  by  the  two 
new  ordinances  to  whose  introduc- 
tion  we  have  above  referred. 

One  of  them,  in  formal  contra, 
diction  to  the  conclusions  of  the 
commission,  submitted  to  the  con* 
trol  of  the  university,  several  es- 
tablishments directed  by  persons 
belonging  to  the  Jesuits'  society, 
and  added,  that  from  thenceforth, 
no  one  could  be  intrusted  with  the 
directions  of,  or  instruction  in  a 
house  of  education,  or  in  one  of  the 
secondary  ecclesiastical  schools, 
unless  he  declared  in  writing  that 
he  did  not  belong  to  a  religious  con- 
gregation, not  legally  established 
in  France. 

The  other  ordinances  limited  to 
20,000,  for  the  whole  of  France, 
the  number  of  the  pupils  to  be 
placed  in  the  ecclesiastical  schools, 
whose  establishment  was  to  be  de- 
termined by  the  government,  on  the 
application  of  the  bishops. 


FRANCE. 


287 


These  ordinances  were  received 
with  the  warmest  disapprobation 
by  the  clergy,  who  had  been  great. 
ly  excited  by  a  previous  one  of 
the  21st  of  April,  respecting  pri- 
mary instruction,  and  who  were 
now  almost  in  a  state  of  rebellion. 
A  hundred  thousand  copies  of  a 
memoir,  in  the  name  of  the  bishops, 
but  without  any  signature,  appear- 
ed, in  which  the  ordinances  of  the 
J6th  of  June,  were  represented  as 
a  conspiracy  for  the  destruction  of 
the  catholic  religion.  The  arch- 
bishop of  Toulouse,  even  announ- 
ced his  intention  of  opposing  their 
execution  within  his  diocese. 

The  pope,  however,  terminated 
this  religous  war  by  intimating  to 
the  bishops  that  they  ought  to  con- 
fide in  the  piety  and  wisdom  of  the 
king,  and  proceed  in  concert  with 
the  throne. 

As  we  have  had  occasion  to 
speak  of  the  monopoly  of  the  Uni- 
versity,  it  may  serve  to  explain 
some  of  our  preceding  observations, 
if  we  give  a  short  view  of  the  re- 
gulations, as  to  instruction,  which 
exist  in  France.  The  whole 
business  of  education  is  under  the 
direction  of  government.  This 
extends  even  to  the  lowest  depart- 
ments. A  schoolmaster  in  the 
country,  who  wishes  to  teach  mere- 
ly  reading  and  writing,  is  obliged 
to  have  the  approbation  of  the 
committee  of  the  canton,  and  after- 
wards of  the  committee  of  the 


arrondissement,  who  deliver  to  him 
a  license.  If  he  wishes  to  instruct 
in  arithmetic,  he  must  undergo  a 
second,  and  if  in  geography,  a 
third  examination. 

All  the  schools  of  every  descrip- 
tion, are  subjected  to  the  regula- 
tions of  the  ministry  of  public  in- 
struction. The  minister  does  not" 
decide  alone  on  the  questions  that 
are  submitted  to  him,  but  a  council 
shares  with  him  the  responsibility 
and  power. 

The  masters  of  the  schools,  and 
all  the  professors  of  the  royal  col- 
leges, are  named  by  the  grand  mas- 
ter of  the  university,  as  the  mi- 
nister of  public  instruction  was  also 
called.  The  students  usually  re- 
main  eight  years  in  the  royal  col- 
leges, and  are  there  taught  Latin, 
Greek,  philosophy,  and  a  little  his- 
tory.  The  modern  languages  did 
not  make  any  part  of  the  course, 
till  1829,  at  which  period,  the  study 
of  them,  was  introduced  into  some 
of  these  seminaries.  There  are, 
probably,  6,000  pupils  in  all  the 
royal  colleges  in  Paris,  and  Ver- 
sailles, of  which  1,000  are  board- 
ers, and  the  others  day  scholars. 
There  are  only  three  colleges  where 
students  are  received  as  boarders  ; 
but  there  are  several  houses  of  edu- 
cation, which  are  authorized  by  the 
university,  to  take  them.  These 
schools,  by  their  more  enlarged 
system  of  instruction,  supply  the 
deficiencies  in  the  plan  of  the  col- 


238 


ANNUAL  REGISTER,  1827-8-9. 


leges,  to  which  they  are,  however, 
obliged  to  send  their  pupils  for  the 
regular  courses  of  Latin  and  Greek. 
A  tax  in  favour  of  the  university, 
is  also  imposed,  both  on  the  teach- 
ers of  these  schools,  and  their  pu- 
pils. 

The  lectures  of  the  several  fa- 
culties  of  the  university  are  open 
on  the  most  liberal  principles,  to  all 
who  are  disposed  to  attend  them, 
foreigners,  as  well  as  Frenchmen. 
In  some  instances,  a  previous  ma- 
triculation is  required  ;  in  others, 
not.  There  are  five  faculties,  lite- 
rature, sciences,  theology,  law,  and 
medicine. 

The  degree  of  batchelor  of  lite- 
rature is  a  necessary  preliminary 
to  pursuing  a  regular  course  of  stu- 
dies in  the  other  faculties,  for  ob- 
taining the  degrees  in  which  spe- 
cial regulations  are  established  by 
the  university. 

The  minister  of  finance,  in 
bringing  forward  the  budget  for 
1829,  began  by  explaining  the  pro- 
gress to  1828,  of  the  deficit  in  the 
treasury. 

The  excess  of  expen- 
diture, anterior  to 
April  1, 1814,  was  67,304,000 
Advances  at  the  resto- 
ration, beyond  what 
was  accorded  by 
special  credits,  6,366,000 

The  advances  in  1823, 
and  1824,  for  the 
service  of  the  army 


in  Spain,  produced 
in  the  public  treasu- 
sury,  a  real  defi- 
ciency of  58,000,000 

131,670,000 
To  which  are  to  be  add- 
ed,   new    excesses 
of  expenditure   for 
1827,  and  1828,  viz. 

for  1827,     35,199,474 
1828,     33,500,000 


Thus,  the  extraordi- 
nary wants  of  the 
treasury,  after  the 
complete  satisfac- 
tion of  the  charges 
of  1828,  were  to  be 
estimated  at  a  total 
of  200,369,474 

He  then  mentioned,  that  the  cre- 
dits voted  for  1828,  amounted  to 
957,821,602  francs,  but  that  this 
sum  must  be  increased  for  1829,  by 
several  other  credits,  distributed 
among  the  different  branches  of 
service,  and  which,  when  the  sa- 
vings that  had  been  effected,  had 
been  deducted,  presented  a  total 
increase  of  17,88 1,425  ;  thus,  carry- 
ing to  the  sum  of  975,703,027  francs 
the  expenses  of  the  budget  of  1829. 
At  the  subsequent  session,  (1829,) 
the  credits  for  1830  were  fixed  at 
977,935,329.  At  the  former  of 
these  sessions,  the  accounts  for 

1826,  and   at  the  latter  those  for 

1827,  both  having  been  first  judi- 
cially settled  by  the  court  of  ac. 


FRANCE. 


239 


counts,  received  the  final  sanction 
of  the  chambers.* 

The  army  for  1828  was  283,818 
men.  In  the  navy,  there  were, 
afloat  or  on  the  stocks,  336  vessels, 
of  which  56  were  ships  of  the  line, 
and  52  frigates. 

During  the  discussion  on  the 
budget,  several  topics  of  general 
interest  were  adverted  to*  The 
treaties  by  which  12,000  Swiss 
were  taken  into  the  French  service, 
were  greatly  complained  of,  espe- 
cially, as  the  pay  of  these  troops 
were  far  higher  than  that  accorded 
to  the  French. 

In  the  course  of  these  desultory 
discussions,  general  La  Fayette, 
admitting  the  ameliorations  that  had 
been  introduced  since  1789,  in  the 
social  organization  of  France,  drew 
from  them  the  conclusion,  that  the 
more  nations  advance,  the  more  go- 
vernments tend  to  retrograde.  He 
blamed,  in  the  army,  the  super- 
abundance of  generals,  of  staff- 
officers,  of  privileged  and  foreign 
corps.  "  We  have  few  soldiers," 
said  he,  "  and  a  nation  that  was 
formerly  completely  armed,  and  for 
a  long  time  victorious  over  Europe 
in  a  coalition  against  its  indepen- 
dence, is  now  as  much  disorganized 
and  disarmed,  as  a  conquered  peo- 
ple could  be."  He  expressed  him- 


self warmly  against  the  refusal  of 
the  government  to  recognise  the 
American  states  ;  and  particularly 
pointed  out  the  Spanish  expedition 
as  one  of  the  most  deplorable  acts 
of  the  late  ministry,  as  an  expedi- 
tion both  culpable  and  unfortunate, 
expressions  which  were  repelled 
with  earnestness  by  the  minister  of 
marine. 

The  relations  with  Spanish  Ame- 
rica were  repeatedly  the  subject 
of  discussion  during  this  session, 
and  when  the  chamber  was  on 
the  budget  for  the  department  of 
foreign  affairs,  M.  Jacques  Lefe- 
vre  complained  that  France  had 
remained  in  an  equivocal  position, 
towards  the  states  of  South  Ame- 
rica ;  and  that  the  new  tariff, 
promulgated  in  Mexico,  imposed 
on  French  merchandise  duties, 
double  those  which  were  establish- 
ed for  other  nations.  According 
to  him,  the  absence  of  her  agents 
had  not  been  less  injurious  to  the 
political,  than  to  the  commercial 
concerns  of  France.  The  appro- 
priation for  objects  connected  with 
religion  and  education,  also  serv- 
ed as  the  foundation  of  many  re- 
marks ;  but  our  limits  do  not  permit 
us  to  enter,  in  this  place,  into  a  fur- 
ther examination  of  these  topics,  or 
to  detail  the  discussions  respecting 


*  The  court  of  accounts  settles,  in  the  first  and  last  resort,  the  accounts  of  all  per- 
>ns,  who  receive  or  pay  out  the  public  moneys.    It  likewise  decides,  on  appeal,  ques- 
tions respecting  the  funds   and  revenues,  in  the  budgets,  that  are  specially  assigned 
to  the  expenses  of  the  departments  and  communes. 

Its  decrees  are  sovereign  and  definitive,  and  can  only  be  attacked  for  errors  in  the 
rm,  or  violations  of  the  law,  in  which  case,  either  the  government,  or  the  individual, 
nay  appeal  to  the  council  of  state,  which  exercises,  with  respect  to  this  court,  the 
same  functions  as  the  court  of  cassation  does  in  relation  to  other  tribunals. 


240 


ANNUAL  REGISTER,  1827-8-9. 


the  powers  of  the  council  of  state, 
a  subject  which  occupied  much  of 
the  attention  of  the  deputies. 

The  chambers  were  prorogued 
on  the  18th  of  August,  and  we  cannot 
better  close  our  account  of  the  ses- 
sion than  by  translating  a  para- 
graph  from  a  contemporary  French 
writer. 

"  This  session,  the  longest  since 
the  restoration,  is  likewise  one  of 
the  most  remarkable,  by  the  hide, 
pendence  of  the  opinions,  and  by 
the  talents  that  were  manifested  in 
the  chambers  ;  by  the  importance 
of  the  matters  discussed,  and  by  the 
results  that  were  obtained. 

"  At  the  commencement,  and 
even  throughout  the  whole  dura- 
tion of  the  session,  a  character  of 
uncertainty  and  hesitation  was  to 
be  seen  in  the  majority,  to  explain 
which  it  is  only  necessary  to  re- 
collect under  what  circumstances 
the  ministry  and  the  two  chambers 
were  formed.  A  new  ministry,  that 
had  not  yet  tried  its  own  strength, 
that  had  not  made  itself  friends, 
appeared  before  the  chambers  that 
had  been  renewed,  the  one  by  so 
large  an  addition  to  its  members 
that  it  seemed  to  have  been  made 
with  a  view  of  changing  its  spirit, 
the  other  by  a  general  election  ; 
and  some  time  was  necessary,  not 
only  to  find  in  it  the  majority,  but 
to  discover  what  opinion  belonged 
•to  this  majority.  This  opinion  ap- 
peared during  the  verification  of  the 
powers  of  the  chamber  of  deputies, 


and  was  frankly  pronounced,  under 
different  shades,  against  the  mea- 
sures employed  under  the  last  mi- 
nistry, to  influence  the  elections  ; 
but  the  violence  of  some  of  the 
speakers  of  the  extreme  left  alarm- 
ed the  cote  droit,  and  produced  an 
excitement  in  the  two  centres.  The 
result  was  seen  in  several  resolu- 
tions that  were  adopted  or  rejected 
as  if  by  accident ;  and  in  the  first 
ballot  for  the  election  of  candidates 
for  the  presidency,  the  union  of  a 
few  of  the  old  opposition  of  the 
cote  droit,  which  certain  writers 
have  called  the  royalist  secession, 
gave,  on  this  critical  occasion,  a 
small  majority.  But,  notwithstand- 
ing this  union,  notwithstanding  the 
new  elections,  which  soon  af- 
ter reinforced  the  left  side  with 
twenty-four  or  twenty-five  mem- 
bers, the  majority  remained  to 
the  end  uncertain,  and  doubtful  on 
all  questions  where  the  monarchi- 
cal spirit  was  attacked  or  com- 
promised, as  in  those  relating  to 
the  members  of  the  administration, 
the  re-establishment  of  the  national* 
guard,  the  existence  and  organiza- 
tion of  the  council  of  state,  dec. 

"  The  house  of  peers  did  not  of- 
fer a  less  interesting  spectacle  to 
the  view  of  the  observer.  The  en- 
try of  the  new  peers  was  marked 
by  attacks  against  the  proposed 
law,  on  the  periodical  press,  the 
violence  of  which  was  unprece- 
dented in  the  upper  chamber ;  but 
the  calm  dignity  suitable  to  this 


FRANCE, 


august  body  soon  imposed  silence 
on  the  turbulent  animosity  of  party 
passions  ;  and,  whether  it  was  that 
several  of  the  peers  of  the  last  pro- 
motion joined  the  old  majority,  or 
that  the  members  of  the  old  minori- 
ty went  over  to  the  side  threatened 
by  the"  ministerial  invasion,  the 
general  spirit  of  the  house  appear- 
ed  not  to  be  changed,  and  the  laws 
passed  in  the  other  chamber  found 
in  every  thing  that  could  secure 
the  maintenance  of  the  charter,  and 
of  constitutional  principles,  the 
same  support  from  an  imposing 
majority." 

Among  the  events  of  the  year, 
connected  with  the  history  of 
France,  is  the  return  of  the  troops 
from  Spain,  now  reduced  to  5,500 
men,  who  had  remained  there  as 
an  army  of  occupation  since  the 
year  1823,  when  the  duke  d'An- 
gouleme  obtained  his  triumph  over 
the  Spanish  Cortes  and  the  estab- 
lishment of  representative  govern- 
ments in  the  Peninsula.  Though 
the  object  of  the  invasion  was 
wholly  unjustifiable^  yet  after 
the  liberal  institutions  were  de- 
stroyed, and  no  hopes  remained  for 
Spanish  regeneration,  the  influ- 
ence of  the  French  was  decided- 
ly beneficial,  and  unquestionably 


rebellion  of  the  Catalonians,  who 
violently  complained  of  the  tolera. 
tiort,  which,  as  they  alleged,  the 
Constitutionalists  enjoyed.  It  is 
also  probable  that  had  the  French 
army  been  previously  withdrawn, 
active  and  efficient  aid  would  have 
been  furnished  to  the  Portuguese 
rebels  under  Chaves,  at  the  time 
that  the  invasion  of  that  country 
was  apprehended  by  Mr;  Canning. 

By  a  convention,  concluded  to- 
wards the  close  of  the  year,  Spain 
agreed  to  meet  the  indemnities  due 
to  France  for  the  expenses  of  the 
army  of  occupation,  by  inscribing 
on  the  grant  book  a  capital  of 
80,000,000  francs  ;  and  it  was  sti- 
pulated, that,  besides  paying  the- 
interest,  amounting  to  2,400,000 
francs,  1,600^000  a  year  should 
be  appropriated  for  the  gradual  ex- 
tinguishment of  the  principal. 

The  troops  that  returned  from 
Spain  formed  part  of  the  expedi- 
tion,  consisting  of  13  or  14,000 
men,  that  sailed  for  the  Morea  in 
the  month  of  August,  under  Gene- 
ral Maison,  and  to  whom  was  con- 
fided the  honourable  task  of  free> 
ing  that  interesting  country  from  the 
barbarians  who  still  occupied  some 
of  its  important  fortresses.  These 
places  were  all  given  up  to  the 


checked  many  of  the  excesses  of    French*  and  the  object  of  the   ex- 
the  priests  and  their  bigoted  sove-    pedition  fully  attained. 

the   summer,  the   king 


reign.  Indeed,  the  submission  of 
Ferdinand  to  the  moderate  coun- 
sels of  his  foreign  advisers,  was 
one  of  the  principal  grounds  of  the 


VOL.  III. 


During 

made  an  excursion  through  his 
northern  provinces.  At  Strasbourg, 
where  he  passed  three  days,  he 


31 


242 


ANNUAL  REGISTER,  1827-8-9. 


received  the  personal  compliments 
of  several  princes  of  the  Germanic 
confederacy,  among  whom  were 
the  King  of  Wirtemberg,  the  Duke 
and  Margraves  of  Baden.  The 
Prince  Constantine  of  Lowestein 
came  to  offer  to  his  majesty  the  re- 
spects of  the  King  of  Bavaria. 

The  ministry  sustained  a  severe 
loss  by  the  indisposition  of  M.  De 
la  Ferronays,  the  most  popular  of 
their  number,  whom  bad  health 
compelled,  in  the  course  of  the 
summer,  to  ask  leave  of  absence 
from  the  duties  of  his  office,  to 
which  he  never  returned.  We 
have  already  seen,  that  the  admi- 
nistration was  at  no  time  sure  of 
an  ascendency  in  the  chambers, 
and  that  at  the  end  of  the  session, 
as  at  the  beginning,  a  majority, 
which  changed  according  to  tern, 
porary  considerations,  decided  all 
questions.  They  were  as  unfortu- 
nate in  their  attempts  to  obtain  the 
confidence  of  the  crown,  as  they 
had  been  to  acquire  that  of  the  le- 
gislature. Indeed,  Charles  X.  was 
decidedly  under  the  influence  of 
the  priests,  and  of  his  old  advisers, 
'  with  whom  he  only  parted  through 
necessity,  and  to  recall  whom  to 
power  he  seemed  disposed  to  avail 
himself  of  the  first  occasion.  Du- 
ring the  recess,  several  elections 
had  taken  place,  nearly  all  of  which 
Terminated  favourably  to  the  libe- 


rals ;  but,  from  this  result,  it  could 
not  be  inferred  that  the  strength  of 
the  ministry  had  been  increased. 
The  violent  opponents  of  Villele 
and  his  associates,  were  dissatisfied 
with  the  cautious  proceedings  of  the 
new  administration.  Among  the 
causes  of  discontent,  was  the  de- 
cision of  the  ministry  not  to  re- 
move functionaries  on  political 
grounds,  a  course  which,  proba- 
bly, contributed  to  their  own  over- 
throw. 

There  were  important  consi- 
derations,  which  ought  to  have 
weighed  with  the  friends  of  consti- 
tutional liberty,  in  inducing  them 
to  uphold  the  existing  administra- 
tion. Their  conduct  had  been 
frank  and  loyal.  While  M.  Vil- 
lele, besides  the  anti-liberal  ten- 
dency of  his  internal  administra- 
tion, had  rendered  himself  extreme- 
ly unpopular  with  the  majority  of 
the  nation,  by  the  expedition  to 
Spain,  which,  with  all  its  mitigating 
circumstances,  was  not  only  a  pal- 
pable  interference  with  the  internal 
affairs  of  another  state  for  the  worst 
of  purposes,  but  had  entailed  on  the 
country  a  debt  of  a  hundred  mil. 
lions,  all  Frenchmen  exulted  in 
the  deliverance  of  the  Greeks, 
effected  by  the  generous  interven- 
tion of  their  arms,  under  the  direc- 
tion of  the  new  ministry. 


CHAPTER  IX. 


Session  of  1829 — Projet  of  Laws,  for  the  administration  of  the  Depart- 
ments and  Communes — Endowment  of  the  Chamber  of  Peers — Com- 
missions on  Commerce,  Public  Roads,  and  Canals — Foreign  Relations — 
Relations  with  the  United  States — Close  of  the  Session — Dissolution  of 
the  Ministry — New  Administration — Elevation  of  Polignac  to  the  Pre- 
sidency of  the  council,  and  resignation  of  La  Bourdonnaye— Jesuits — 
Political  State  of  France. 


To  reinforce  the  administration 
before  the  meeting  of  the  cham- 
bers, every  effort  was  made  ;  but 
without  effect.  The  Duke  of 
Montemart,  to  whom  the  depart- 
ment of  foreign  affairs  was  offered, 
declined  that  post,  and  as  a  tern- 
porary  expedient,  a  further  conge 
of  three  months  was,  on  the  llth 
of  January,  1829,  accorded  to  M. 
Ferronays,  and  the  port-folio  of 
that  ministry  provisionally  confided 
to  the  keeper  of  the  seals,  M. 
Portalis. 

The  session  commenced  on  the 
27th  of  January.  The  speech 
from  the  throne  was  much  applaud- 
ed in  the  liberal  papers.  The  as- 
surances respecting  Greece  were 
very  satisfactory,  though  the  re- 
storation of  peace  in  the  east  of 
Europe  appeared  as  an  object, 
that  was  rather  desired  than  ex- 
pected. Mention  was  made  of  the 
convention  for  the  reimbursement 


of  the  advances  of  France  to  Spain, 
of  which  we  have  spoken  ;  and  of 
another  convention  with  the  Bra- 
zils, for  the  indemnities  due  to 
French  merchants,  for  property 
illegally  captured.  With  respect 
to  Portugal,  there  was  an  entire 
silence.  The  internal  condition  of 
their  affairs  was  given  as  the  only 
reason  for  deferring  the  establish- 
ment of  regular  diplomatic  relations 
with  the  new  states  of  South  Ame- 
rica. Consuls,  it  was  mentioned, 
had  been  named,  to  reside  in  their 
principal  sea-ports.  The  difficul- 
ties with  Algiers,  to  which  we 
referred  in  the  last  volume  of  the 
Register,  were  said  to  be  not  yet 
brought  to  a  termination  ;  though 
the  king  announced  his  intention 
to  pursue  with  vigour  his  demand 
for  reparation.  The  non-execution 
of  the  treaty  with  St.  Domingo, 
by  which,  it  will  be  remembered 
that,  in  return  for  a  very  equivocal 


ANNUAL  REGISTER,  1627-8-9. 


recognition,  1 50,000,000  Of  francs 
were  to  be  paid  to  the  former  colo- 
nists, in  five  equal  annual  instal- 
ments,  was  ascribed  to  the  inability 
pf  the  Haytian  government,  to 
Comply  with  its  conditions  ;  and 
the  chambers  were  informed  that 
negotiations  had  been  opened  to 
modify  the  terms  of  the  convention. 
The  king  alluded  to  the  liberty 
enjoyed  by  the  press,  as  well  as  to 
the  execution  of  the  ordinances, 
respecting  the  minor  seminaries. 
But  the  most  important  matter  con- 
nected with  the  internal  policy  of 
the  country,  was  the  promise  to 
propose  laws  "  for  placing  the  mu- 
nicipal and  departmental  organi- 
zation, in  harmony  with  the  exist- 
ing  institutions." 

The  chamber  of  deputies  pre- 
sented to  the  king,  as  the  five  can- 
didates from  whom  he  was  to  select 
ihe  president,  Messrs.  Royer  Col- 
lard,  Casimir  Perrier,  De  Berbis, 
Sebastiani,  and  Delalot.  The  high- 
est on  the  list,  had  175  votes.  M. 
Ravez,  the  opposing  candidate,  that 
received  the  greatest  support, 
counted  but  90  votes  in  his  favour. 
M.  Royeu  Collard  was  re-appoirit- 
ed  president.  The  two  houses 
having  agreed  on  their  answers  to 
the  Royal  speech,  and  disposed  of 
other  preliminary  business,  M. 
Marttgnac,  minister  of  the  interior, 
presented  to  the  deputies,  early 
in  February,  two  projets  of  laws  ; 
the  first  was,  to  regulate  the  or- 
ganization  p.f  the  communes;  the 


second,respectedthecouncilsofthe 
departments  and  arrondissemens. 

From  the  remarks  which  M. 
Martignac  made  in  submitting  these 
bills,  and  from  information  derived 
from  other  sources,  we  will  en- 
deavour to  give  a  sketch  of  the 
present  civil  division  of  France, 
and  the  attributes  of  the  respective 
Councils  to  which  the  new  laws 
were  intended  to  refer.  It  appears 
that  the  kingdom  is  divided  into  86 
departments,  363  arrondissemens, 
2,839  cantons,  and  38,359  com- 
munes. The  members  of  the 
different  councils,  whose  functions 
are  legislative,  as  well  as  the  admi- 
nistrative and  judicial  officers,  had 
been  named  by  the  government. 
It  was  now  proposed  to  give  the 
election  of  these  councils,  under 
particular  regulations,  to  the  people. 

The  distinct  existence  of  the 
communes,  as  the  first  element  of 
society,  was  maintained.  The 
mayor  and  adjunct  were,  in  com- 
munes containing  more  than  3000 
inhabitants,  to  be  named  by  the 
king  ;  in  the  others  by  the  prefects 
of  the  departments. 

The  councils  of  the  communes 
were  to  be  chosen  by  the  notables  ; 
and  the  inhabitants  paying  the 
highest  rate  of  taxes,  to  the  num. 
ber  of  30  in  a  population  of  500, 
which  was  to  be  increased  by  2 
for  every  additional  hundred.  The 
notables,  who  were  to  be  united 
with  these  last  mentioned  electors, 
were  the  curates  and  pastors,  jus- 


FRANCE, 


245 


lices  of  peace,  ilotaries,  doctors 
and  licentiates,  and  officers  in  the 
army  and  navy,  enjoying  retiring 
pensions  of  600  francs.  The  pro- 
prietors  living  out  of  the  communes 
were  to  be  represented,  and  in 
favour  of  the  farmers,  one  fourth  of 
the  contributions  on  the  land 
which  they  cultivated,  was  to  be 
calculated. 

In  the  communes  having  3,000 
inhabitants,  there  were  to  be  60  elec- 
tors  in  virtue  of  their  contributions, 
which  number  was  to  increase,  at 
the  rate  of  2  per  hundred,  till  the 
population  became  20,000,  when 
only  2  for  every  500  were  to  be 
added.  The  notables  that  were  to 
be  included  among  the  electors  in 
the  larger  communes,  were  the 
bishop,  heads  of  the  colleges,  the 
president  of  the  consistory,  judicial 
functionaries,  administrative  of- 
ficers nominated  by  the  king, 
members  of  the  tribunals  and 
chambers  of  commerce,  officers  of 
the  university,  and  of  the  army 
and  navy,  enjoying  retiring  pen- 
sions of  at  least  1,200  francs. 

The  expenses  for  which  the  com- 
munes have  to  provide  are  of  three 
kinds  ; 

1.  Necessary  expenses,  viz. 
keeping  up  the  registers  required 
by  law  ;  subscription  to  the  bulletin 
des  lois ;  taxes  on  the  property  of 
the  commune,  and  the  payment  of 
the  debts  due  from  it ;  and  the 
charges  of  quartering  soldiers, 


agreeably  to  the  established  regu 
lations. 

2.  The  expenses  placed  to  the 
charge  of  the  communes,  viz.  the 
rent  and  expenses  of  the  mayor's 
office  ;  indemnity  to  curates  for 
house  rent;  repairs  of  churches  and 
colleges ;  grants  to  the  primary 
schools  and  colleges  of  the  com- 
munes ;  assistance  to  the  charitable 
establishments  and  foundling  hos- 
pitals, in  cases  where  their  re-, 
sources  are  insufficient  ;  police, 
and  other  similar  charges. 

3.  Discretionary  expenses. — * 
These  are  for  clocks,  fountains, 
promenades,  paving  and  lighting 
the  streets,  and  public  f6tes. 

The  ordinary  revenue  accrues 
from  the  income  of  real  and  per- 
sonal property  belonging  to  the 
commune,  from  the  rents  of  the 
public  grounds ;  from  duties  on 
weighing  and  measuring  ;  from  li- 
censes ;  and  from  the  additional 
centimes,  assigned  by  the  general 
laws  of  finance  to  the  expenses  of 
the  communes. 

The  municipal  council  of  the 
commune  assembles  every  year,  at 
a  fixed  period,  and  may  sit  15  days, 
It  deliberates  upon  the  charges  and 
resources  of  the  commune,  internal 
duties,  (octrois,)  extraordinary  con- 
tributions, and  every  thing  touch- 
ing  the  interest  of  the  commune. 
It  receives  and  discusses  the  ac- 
counts of  the  mayor,  which  are  de- 
finitively settled  by  the  prefect. 


246 


ANNUAL  REGISTER,  1827-8-9. 


At  the  head  of  the  administra- 
tion of  every  department,  there  is 
a  prefect,  assisted  by  a  council  of 
prefecture.  There  are  also  scws- 
prefets,  in  the  several  arrondisse- 
mens  cantonnaux  into  which  the  de- 
partment is  subdivided.  For  each 
department  there  is  a  council  ge- 
neral, and  in  each  arrondissement 
a  council. 

The  duties  of  the  council  general 
are  of  four  kinds  ;  1.  To  make  a  dis- 
tribution  of  the  direct  contributions 
among  the  arrondissemens.  2.  To 
give  their  advice  respecting  the 
employment  of  the  centimes  des- 
tined for  the  variable  expenses  im- 
posed on  the  departments,  and  vote 
the  budget  of  those  expenses,  which 
is  first  prepared  by  the  prefect,  and 
then  approved  by  the  minister  of 
the  interior.  3.  To  vote  at  their 
discretion  the  additional  centimes 
for  the  benefit  of  the  department ; 
but  their  decision  requires  the 
sanction  of  the  minister  of  the  in- 
terior, and  is  also  restrained  by  the 
law.  4.  To  express  their  views  on 
the  state  of  agriculture  and  com- 
merce, navigation,  roads,  bridges, 
public  instruction,  and  general  ad- 
ministration, in  their  department. 

The  functions  of  the  council  of 
arrondissement  are  of  a  similar  na- 
ture. They  apportion  the  direct 
contributions  among  the  communes; 
they  receive  the  annual  report  of 
the  sub-prefect  on  the  employment 
of  the  centimes,  specially  applied 
to  the  local  expenses ;  and  also  ex. 


press  their  opinion  on  the  condi- 
tion and  wants  of  the  arrondisse- 
ment. 

The  councils  of  arrondissement, 
it  was  proposed  to  elect  by  assem- 
blies  of  the  cantons,  to  be  com- 
posed  of  two  classes  ;  1.  the  per- 
sons having  their  domicile  there,  in 
the  proportion  of  one  for  every 
hundred,  where  the  population  was 
under  5,000;  and  if  it  exceeded 
that  number,  of  one  additional 
elector  for  every  thousand  inhabi- 
tants. 2dly,  Of  members  of  the 
municipal  body  of  every  commune, 
chosen  by  the  council,  in  the  ratio 
of  one  for  500  inhabitants. 

The  councils  general  of  the  de- 
partment were  to  be  elected  by  as- 
semblies  of  the  arrondissement, 
composed  of  the  highest  taxed,  in 
the  proportion  of  one  for  every 
thousand  ;  but  the  number  was 
at  all  events  not  to  be  under  fifty. 
According  to  the  explanations  of 
the  minister  of  the  interior,  out  of 
the  population  of  32,000,000,  which 
France  contains,  by  the  plan  pro- 
posed  more  than  1,500,000  would 
take  part  in  the  elections  of  the 
communes,  160,000  in  those  for 
the  councils  of  arrondissement,  and 
more  than  40,000  in  the  choice 
of  the  councils  general  of  the  de- 
partments. 

In  this  calculation,  as  well  as  in 
the  preceding  statements, reference 
has  only  been  had  to  the  right  of 
electing.  The  privilege  of  being 
chosen  to  the  councils  was  still 


FRANCE. 


247 


more  restricted.  The  projets  were, 
however,  though  for  very  opposite 
causes,  unfavourably  received  by 
the  decided  members  of  both  the  two 
parties,  to  neither  of  which,  as  we 
have  already  explained,  could  the 
ministers  be  considered  as  belong- 
ing. 

The  cote  droit  wished  no  increase 
of  the  popular  privileges  by  ex- 
tending  to  the  citizens  the  election 
of  any  officers,  whose  appointment 
could  be  continued  as  part  of  the 
royal  prerogative.  The  liberal 
party,  on  the  other  hand,  were  de- 
sirous of  admitting  to  a  participa- 
tion in  the  choice  of  the  local  coun- 
cils, as  many  as  possible  of  those 
who  were  to  be  affected  by  their 
decision. 

With  this  latter  feeling  corres- 
ponded the  sentiments  of  the  com- 
missions to  which  the  two  proposed 
bills  were  referred,  and  at  the  head 
of  which,  M.   Dupin  and  General 
Sebastiani  had  been  respectively 
placed.     Both  reporters  advocated 
the  extension  of  the  suffrage,  but 
General  Sebastiani  suggested  a  ra- 
dical alteration  in  the  abolition  of 
the  councils  of  the  arrondissement. 
To  be  a  member  of  a  college  of 
an  arrondissement  for  the  choice  of 
deputies,  the  payment  of  a  tax   of 
300  francs  suffices ;  but  by  the  law 
of  1820,  one  fourth  of  the  electors 
in  each  department,  who  are  also 
members  of  the  colleges  of  the  ar- 
rondissemens,  have  the  further  right 
of  exclusively  electing  two  fifths  of 


the  chamber.  This  last  principle 
was,  as  has  been  pointed  out,  adopt, 
ed  in  the  new  scheme. 

By  the  commission,  the  payment 
of  a  specific  tax  was  fixed  as  a  quali- 
fication. They  also  showed  in 
their  report,  that,  according  to  the 
plan  of  the  ministers,  many  persons 
who  could  sit  in  the  supreme  legis- 
lature of  the  country,  would  not  be 
able  even  to  take  part  in  the  elec- 
tion of  a  member  of  the  departmen- 
tal councils.  The  number  of  per- 
sons, who  have  votes  for  the  cham- 
ber of  deputies,  is,  in  the  whole 
of  France,  79,314  ;  but  the  mi- 
nistry  only  proposed  to  admit  to  the 
election  for  the  departmental  coun- 
cils, the  36,000  who  were  the  high- 
est  taxed.  It  gave  the  privilege  of 
being  eligible  to  about  15,000  of 
them.  The  commission  called  to 
a  participation  in  the  election 
157,690  persons,  and  extended  the 
right  of  being  elected  to  39,437. 

We  have  been  more  minute  on 
this  subject  than  may,  perhaps,  at 
the  first  view,  be  deemed  strictly 
necessary.  What  we  have  stated, 
will,  however,  serve  not  only  to 
make  us  acquainted  with  the  prin- 
ciples at  issue,  on  decidedly  the 
most  important  question  that  came 
before  the  legislature,  during  the 
two  years  whose  history  we  are 
examining,  but  will  also  be  of  use, 
in  giving  us  an  idea  of  the  internal 
organization  of  France,  and  of  the 
degree  in  which  the  right  of  suffrage 
is  exercised  in  that  country ;  a  topic 


248 


ANNUAL  REGISTER,  1827-8-9. 


to  which  we  shall,  in  the  sequel, 
revert. 

The  reports  on  both  projets 
were  made  on  the  19th  March,  but 
the  debate  commenced  on  the  law 
respecting  the  departmental  orga- 
nization, contrary  to  the  earnest 
efforts  of  the  ministry.  On  no  pre- 
vious occasion  were  more  elabo- 
rate discourses  made,  on  the  prin- 
ciples of  liberty  and  constitution- 
al government,  than  were  elicited 
by  the  discussion  of  this  great 
question.  The  ministry,  however, 
assailed  from  each  side,  and  obli- 
ged to  resist,  at  the  same  time,  all 
the  prejudices  of  the  ancien  regime, 
and  the  republican  pretensions  of 
the  cote  gauche,  stood  almost  alone. 
Conceiving,  on  the  chamber's  as- 
senting, on  the  8th  April,  to  the 
proposition  of  the  commission  to 
suppress  the  councils  of  the  ar- 
rondissement,  that  the  preroga- 
tives of  the  crown,  were  in  jeo- 
pardy, they  left  the  house,  and  re- 
turned in  a  few  minutes,  with  the 
king's  ordinance,  declaring  "that 
the  two  proposed  laws  respecting 
the  administration  of  the  depart- 
ments and  communes,  presented 
to  the  chamber  of  deputies  on  the 
8th  February,  were  withdrawn." 

The  motives  for  the  course  which 
the  ministry  had  advised  his  ma- 
jesty to  adopt,  were  thus  explained 
on  a  subsequent  occasion,  (9th  of 
May.) 

"  In  withdrawing  the  two  laws 
in  question,"  said  M.  Martignac, 


"  the  king  has  made  use  of  his 
undoubted  prerogative.  This  no 
one  has  contested  ;  on  the  contra- 
ry you  have  all  formally  admitted 
it.  For  our  part,  we  have  advised 
his  majesty  to  employ  his  preroga- 
tive ;  the  king  ought  not  to  explain 
his  motives,  but  we  ought  to  state 
ours.  (General  attention.) 

"  When  we  came  to  the  head  of 
affairs,  our  attention  was  imme- 
diately turned  to  the  wants  and  de- 
mands of  the  country.  Among 
them  the  want  of  a  law  fixing  the 
organization  of  the  communes  and 
departments  was  every  where  ma- 
nifested ;  and  we  attached  a  senti- 
ment of  happiness,  an  idea  of  glory  3 
to  distinguishing  our  ministry,  by 
institutions  which  France  required. 
We  entered  on  these  grave  mat- 
ters ;  we  formed  a  commission,  in 
which,  as  our  duty  required,  diffe- 
rent opinions  were  represented  ; 
for,  if  the  interests  of  the  people 
ought  to  have  had  their  represen- 
tatives, so  ought  also  the  royal  au- 
thority. Various  plans  were  sug- 
gested, and  we  finally  brought  be- 
fore you  two  distinct  laws.  They 
were  at  first  received  with  marks 
of  approbation,  but  this  approba- 
tion was  of  short  continuance,  and 
gave  place  to  cruel  censures. 

"  Of  the  two  laws,  the  one  re- 
specting the  communes  underwent 
important  modifications ;  but  they 
were  only  amendments,  and  the 
general  plan  of  the  law  was  re- 
tained ;  for  the  other,  an  entire 


FRANCE. 


new  system  was  presented.  The 
councils  of  the  arrondissement  were 
suppressed,  assemblies  of  the  can- 
ton were  introduced,  a  fixed  quali- 
fication for  the  electors  was  sub- 
stituted to  a  relative  one.  Without 
pretending  to  judge  this  new  sys- 
tem, we  foresaw,  that  a  discussion 
founded  on  such  a  basis,  would 
with  difficulty  be  brought  to  a  re- 
sult. The  projects  had  been  report- 
ed the  same  day ;  that  respecting 
the  communes  was  the  first  in  the 
order  of  the  presentation  of  the 
reports,  and  in  the.  regular  course 
of  things.  We  spoke  with  an  ear- 
nestness with  which  we  have  been 
severely  reproached,  not  to  obtain, 
but  to  retain,  the  priority  of  this 
proposed  law, in  order  to  secure 
the  advantages  of  it  to  the  com. 
inunes,  feeling  doubtful  of  the  is- 
sue of  the  other  discussion.  Our 
request  was  repelled  by  a  factitious 
majority,  composed  as  well  of  those 
who  wished  both  these  laws^  as 
of  those  who  did  not  wish  any 
law  on  the  subject.  (Universal 
laughter.)  The  discussion  was 
opened,  and  the  question  of  abolish- 
ing the  councils  of  arrondissement 
was  first  brought  forward.  We 
combated  it,  by  objecting  that  it 
was  not  competent  to  the  cham- 
bers to  overturn,  by  way  of 
amendment,  the  existing  legisla- 
tion. This  time  the  question  was 
decided  by  a  minority  that  had  be- 
come the  majority,  in  consequence 
of  a  manoeuvre  of  a  fraction  of  the 
VOL.  IT.  23 


chamber,  who  deserted  before  the 
decision.  Thus  the  royal  proposi- 
tion, as  well  as  the  entire  legisla- 
tion relative  to  the  councils  of  the 
arrondissemens,  must  have  suc- 
cumbed under  a  simple  amendment 
adopted  by  an  accidental  majority. 
"  On  the  other  hand,  the  minis- 
try having  decided,  after  mature 
reflection,  not  as  they  have  been 
made  to  say,  without  ever  having 
said  so,  not  to  accept  any  modifi- 
cation, (to  the  left — yes !  yes  !)  but 
not  to  accept  the  new  system 
which  was  imposed  on  them,  de- 
clared that  they  could  not  advise 
its  adoption  by  the  crown.  This  de- 
claration has  been  much  blamed, 
but  I  continue  to  believe  that  it 
was  called  for  by  duty.  (A  voice 
to  the  right,  yes.)  If,  notwith- 
standing the  resolution  which  we 
had  adopted,  we  had  said  nothing, 
what  would  have  happened  ?  We 
should  have  been  accused  of  bad 
faith  ;  and  the  reproach  of  bad  faith 
is  the  last  that  we  would  willingly 
incur.  What  ought  we  to  have 
done  ?  To  continue  to  take  part 
in  a  debate  which  was  to  be  with- 
out result  ?  This  would  not  have 
been  worthy  either  of  the  chamber, 
or  of  the  government.  To  remain 
silent,  and  allow  the  discussion  to 
be  prolonged,  without  participating 
in  it,  would  not  have  been  worthy 
either  of  you,  or  of  us.  What 
was,  then,  to  be  done  ?  That  which 
we  had  announced,  and  which  we 
actually  did,  in  withdrawing  the 


250 


ANNUAL  REGISTER,  1827-8-9. 


law.  The  withdrawing  of  this  law 
has  been  ascribed  to  a  movement 
of  anger,  of  wounded  vanity  ;  but 
how  is  it  possible  to  believe,  that  in 
circumstances  so  important,  we 
could  have  been  actuated  by  such 
motives  ?  No,  gentlemen,  it  was  a 
duty,  the  consequences  of  which 
we  had  fully  foreseen,  but  which 
we  have  fulfilled,  because  it  was  a 
duty." 

Another  important  subject  was, 
the  bill  for  endowing  the  chamber 
of  peers.  Under  the  empire,  cer- 
tain revenues  had  been  set  apart 
for  the  payment  of  the  pensions  of 
the  senators,  to  each  of  whom,  a 
salary,  or  pension,  of  36,000  francs 
for  life,  had  been  allowed.  In 
1814,  the  property  of  the  senate 
was  united  to  the  domains  of  the 
crown,  with  a  saving,  however,  of 
the  former  pensions  to  the  sena- 
tors. This  property  was  kept  dis- 
tinct from  the  other  public  reve- 
nues, and  pensions  were,  from  time 
to  time,  accorded  to  peers,  who 
had  not  been  senators.  It  was  now 
proposed,  that  pensions  amounting 
to  2,186,500  francs,  which  the  king 
had  granted  to  certain  peers,  or 
which  old  senators  enjoy,  by  virtue 
of  the  ordinances  of  4th  June,  1814, 
and  likewise  those  possessed  by  the 
widows  of  peers  and  senators,  to 
the  amount  of  456,500  francs, 
should  be  inscribed  in  the  book  of 
rentes,  under  the  date  of  22d  De- 
cember, 1829. 

These  rentes  are  inalienable,  and 


are  transmissible  to  the  successor  to 
a  peerage,  only  in  the  event  of  his 
not  having  a  clear  revenue  of 
30,000  francs.  The  law,  though 
much  inveighed  against  by  the  li- 
beral journals,  was,  after  a  pro- 
tracted debate,  adopted  in  the  de- 
puties by  a  majority  of  90  votes, 
and  it  was,  of  course,  not  rejected 
in  the  upper  house,  the  benefit  of 
many  of  whose  members  it  had 
specially  in  view. 

Besides  the  re  venue  of  2,700,000 
francs,  representing  a  capital  of  60 
millions,  thus  voted  to  the  peers, 
it  appears,  from  official  documents, 
that  members  of  the  upper  cham- 
ber likewise  received  50  millions 
of  the  indemnity,  granted  in  1825, 
to  the  French  emigrants.  The 
sums,  however,  accorded  to  indi- 
viduals from  this  amount,  as  well 
as  the  majorats  of  30,000,  15,000, 
and  10,000,  for  dukes,  marquisses, 
and  barons,  established  by  the 
French  ordinances,  appear  very 
insignificant,  when  compared  with 
the  incomes  of  £  1 50,000,  or 
£200,000,  belonging  to  noblemen 
of  the  same  titular  rank  in  the  peer- 
age of  the  neighbouring  kingdom. 

The  principles  of  free  trade,  so 
far  as  they  can  be  put  in  practice, 
without  injuring  vested  interests, 
created  by  the  operation  of  existing 
laws,  are  beginning  to  find  power- 
ful advocates  in  France,  as  will 
appear  from  the  following  extract 
from  the  report  of  a  commission 
appointed  on  that  subject  on  the 


FRANCE. 


251 


5th  of  October,  1828,  and  which 
was  laid  before  the  chamber  on 
the  21st  of  May  following. 

"  From     a     commission,     in 
which,  as  it  will  be  easy  to  con- 
vince you,  by  the  present  state- 
ment,  no  doctrine  has  wanted  ad- 
vocates,  no  interest  persons  to  de- 
fend it,  has  proceeded  the  unani- 
mous  opinion,  that  the    commer- 
cial system,  that    is    to  say,   the 
system  which  regulates  by  taxes 
the  mutual  relations  of  nations,  is 
a  necessary  consequence  of  their 
political  separation,   of  the   diffe- 
rence of  their  respective  institu. 
tions  ;  that  in  the  prudent  applica- 
tion of  this  system  is  found  the 
guaranty  of  public    and    private 
fortunes  ;  that  every  unnecessary 
prohibition  is  an  evil,  but  that  cer- 
tain prohibitions  may  be  indispen- 
sable ;  that  the  protection  result- 
ing from  taxes  is  then  habitually 
preferable    to    that    arising    from 
formal    prohibitions.      As   to   the 
rest,   rights    exist    every    where, 
where  there  are  interests  created 
under  the  protection  of  the  laws  ; 
and  in  the  existing  state  of  industry 
in  France,  having  regard  to  the  in- 
terests engaged  in  it,  the  laws  ought 
to  adopt  a  judicious  system  of  pro- 
tection  ;  that  is  to  say,  on  the  one 
side,  they  ought  to  protect  effec- 
tually the  labour  of  the  country, 
and,  on  the  other,  to  study  care- 
fully for  every  interest  the  amount 
of  the  protection  that  it  requires, 
viewed  in  connexion  with  the  in- 


jury which  an  excessive  protec- 
tion  might  create." 

From  the  report  made  on  the 
10th  of  May,  1829,  by  another 
commission,  appointed  in  the  prece- 
ding August,  it  appeared,  that  the 
entire  length  of  the  royal  roads,  or 
public  highways,  was  about  8661 
leagues,  of  which  only  4205  are 
finished,  and  in  good  repair. 

That  31b'6£  are  to  be  repaired, 
814  to  be  finished,  and  446  to  be 
opened. 
That  the  roads  to  be 

repaired   would   re-      Francs. 

quire  a  capital  of       61,000,000 
The     roads      to     be 

finished,  43,400,000 

The  roads  to  be  opened,  35,000,000 
And   that    to     repair, 

finish,  and  construct 

the    other    artificial 

works,  the  expense 

would  be  about          59,600,000 


199,000,000 

The  subjects  of  foreign  policy 
discussed  in  the  legislature  in 
1829,  were  not  very  unlike  those 
which  had  occupied  the  chambers 
during  the  preceding  year,  as  will 
appear  from  the  few  translations 
of  the  debates  which  our  limits 
will  permit  us  to  introduce. 

During  the  discussion  of  the  ap- 
propriations, on  the  5th  of  May, 
the  keeper  of  the  seals  rose,  and, 
after  paying  a  compliment  to  M. 
De  Ferronays,  whose  absence  he 
regretted,  spoke  as  follows  : 


ANNUAL  REGISTER,  1827-S-S*. 


"  One  circumstance  contributes 
to  give  me  confidence,  I  mean  the 
difference  of  opinion  that  prevails 
among  the  speakers  to  whom  I  am 
to  reply.  If  one  of  them,  with  the 
authority  of  his  experience  in  po- 
litical affairs,  has  maintained  that 
our  expedition  to  the  Morea  was 
inopportune,  and  unadvisedly  con. 
ceived,  an  honourable  general, 
who  sits  on  the  same  side  of  the 
house,  has  replied  to  him,  with  no 
Jess  conviction,  that  this  expedition 
could  be  advantageously  sustained 
on  the  principles  of  the  most  pro- 
found  policy.  In  this  state  of  un- 
certainty, gentlemen,  you  will  sus- 
pend your  judgment,  you  will  not 
hastily  condemn  those  who  have 
acted  with  a  full  knowledge  of  the 
matter,  who  have  been  able  to  see 
the  question  under  all  its  bearings, 
and  who  have  possessed  means  of 
information,  the  force  of  which, 
the  political  orators  that  you  have 
heard  have  not  had  it  in  their  power 
to  estimate, 

"  What  moment,  gentlemen,  is 
selected  to  ask  us  what  we  have 
done  for  our  national  consideration 
abroad  ?  At  what  other  period 
since  the  restoration,  has  the  French 
flag  more  gloriously  waved  on  the 
seas  of  the  two  hemispheres,  to 
make  the  French  name  every 
where  respected,  and  to  protect 
our  navigators  and  merchants  ? 

"  At  what  other  epoch  since  the 
restoration,  has  the  support  of 


France  been  sought  for  with  more-- 
eagerness  by  all  foreign  powers  T 

"  At  what  other  period  has  the 
usual  mediation  of  our  agents 
abroad  been  more  frequently  in. 
voked  ?  When  have  political  con- 
nexions, which  neither  the  demon- 
strations of  force,  nor  the  submis- 
sions* of  weakness,  could  produce, 
been  more  frequently  effected  by 
their  sole  intervention. 

"  It  is,  without  doubt,  a  noble 
disinterestedness  that  presides  over 
the  generous  policy  of  the  king, 
but  this  disinterestedness  will  pro- 
duce its  fruits  ;  there  would  still 
be  an  advantage  in  being  just  and 
disinterested,  even  were  there  no 
honour  or  glory  in  such  a  course. 

"  How  happens  it,  then,  that  it 
is  stated  at  this  tribune,  that  an  ex- 
pedition which  the  whole  of  France 
has  applauded,  has  been  decided 
on  in  a  spirit  of  Russian  policy, 
and  terminated  in  a  spirit  of  Eng« 
lish  policy. 

"  Is  it  not  possible  to  extend  a 
succouring  hand  to  poor  Christian 
slaves,  and  seek  to  secure  them 
civil  and  religious  liberty,  without 
being  inspired  by  the  cabinet  of 
St.  Petersburg  ? 

"  Would  it  not  be  possible  to 
cease  to  prolong  hostile  demon- 
strations,  thenceforth  useless,  to 
procure  the  benefit  already  obtain- 
ed by  an  inviolable  guaranty,  and 
to  place  ourselves  in  a  remote 
country  upon  a  military  footing 


FRANCE. 


equally  favourable  to  the  Greeks, 
more  in  harmony  with  our  relations 
with  the  Porte,  and  less  burthen, 
some  to  France,  without  yielding 
to  the  councils  of  the  British  ca- 
binet ? 

"  Is  it  not  a  policy  altogether 
French,  which  tends  to  secure  to 
France  the  maintenance  of  the 
peace  and  consideration  which  she 
enjoys,  at  the  same  time  that  it 
procures  for  her,  in  the  affairs  of 
the  east,  the  part  which  she  has  a 
right  to  take  in  consequence  of  her 
commercial  interests,  her  rank  and 
dignity  among  powers,  and  the 
protection  she  accords  to  the  un- 
fortunate people,  whose  emancipa- 
tion and  civilization  are  in  question. 

"  But  it  is  the  part  which  we 
have  taken  in  the  execution  of  the 
treaty  of  July  6th,  that  we  are  re- 
proached with.  The  obligations 
were  common,  the  burthens  should 
have  been  so  also.  Where  the  obli- 
gations are  common,  the  burthens 
should  be  so  likewise,  and  how  is 
it  established  that  the  burthens  are 
not  common  ?  We  have  nothing 
to  say  of  Russia,  and  our  silence 
will  be  understood ;  but  has  not 
England  co-operated  with  her  sol- 
diers and  her  artillery,  to  the  cap- 
ture of  Patras,  as  she  had  nobly 
co-operated  with  her  vessels  and 
her  marine  to  the  memorable  affair 
of  Navarino  ? 

"  Would  it  have  been  either  ex- 
pedient or  useful,  to  allow  the  fruits 
of  that  memorable  victory  of  Na- 


varino, which  has  excited  such 
unanimous  acclamations  through- 
out France,  to  be  lost  1  Was  the 
expedition  to  the  Morea  suitable  or 
useful  for  the  execution  of  a  so- 
lemn treaty,  dictated  by  the  neces* 
sity  of  putting  a  termination  to  the 
bloody  struggle,  which,  in  aban- 
doning the  Greek  provinces,  and 
the  islands  of  the  Archipelago,  to 
all  the  disorders  of  anarchy,  and  to 
all  the  ills  which  accompany  ty- 
rannical oppression,  and  civil  war, 
imposed  every  day  new  shackles 
on  the  commerce  of  the  European 
states?" 

On  a  subsequent  day,  M.  Por. 
talis  referred  to  the  difficulties 
with  Algiers,  and  the  relations  with 
South  America. 

"  As  "to  the  expedition  to  AK 
giers,  when  the  administration  of 
which  I  have  the  honour  to  form  a 
part,  was  composed,  the  matter 
under  consideration  was  com- 
menced ;  the  blockade  already  ex- 
isted. There  was,  then,  no  occa-, 
sion  to  ask  the  advice  of  the  cham- 
ber respecting  it ;  it  was  only  re- 
quisite for  us  to  bring  it  to  an  issue 
that  should  be  honourable  to,  and 
consistent  with,  the  interests  of  the 
king  and  nation. 

"  I  ought,  however,  to  declare, 
that  we  have  not  abandoned  no* 
gotiation.  The  ministers  of  the 
king  will  have  recourse  to  force, 
when  every  other  means  shall  have 
become  impossible.  The  opera- 
tions, to  the  present  time,  are 


•J5-J 


ANNUAL  REGISTER,  1827-8-9. 


limited  to  blockade  and  threats. 
We  will  only  have  recourse  to  the 
force  of  arms  in  case  our  arma- 
ments and  military  position  do  not 
afford  a  salutary  warning  to  the 
Barbary  regency. 

"  I  pass  to  our  relations  with  the 
new  states  of  South  America. 
Agents  have  been  sent  to  treat 
with  such  of  these  states  as  pre- 
sent some  guaranties  of  stability ; 
but  it  may  be  easily  understood, 
that  the  forming  of  these  relations 
is  attended  with  difficulty,  in  a 
country  where  the  established  go- 
vernments disappear  from  one  mo- 
ment to  another,  amidst  the  disor- 
ders of  a  revolution. 

"  I  repeat,  the  government  is 
disposed  to  treat  with  such  of  these 
governments  as  offer  guaranties  of 
stability,  without,  however,  sacrifi- 
cing the  interests  of  the  country 
to  vain  considerations." 

It  is  known  to  us,  that  in  the 
course  of  1828,  M.  De  Bresson,  a 
gentleman  formerly  belonging  to 
the  French  legation  in  this  coun- 
try, was  sent  to  Mexico,  and  the 
states  of  South  America,  in  the 
character  of  commissioner  of  his 
most  Christian  majesty,  with  a 
view  of  making  inquiries  prelimi- 
nary to  the  recognition  of  those 
republics. 

When  the  appropriations  for  the 
department  of  war  were  under 
consideration,  (6th  of  May,)  Gene- 
ral Lamarque  said,  "  The  extra- 
ordinary credit  demanded  bv  the 


minister  of  war,  awakens  meiau. 
choly  recollections  ;  it  recalls  the 
Spanish  expedition,  so  unjust,  so 
impolitic,  and  so  fruitful  in  mourn, 
ful  results. 

"  The  expedition  of  the  Morea 
was  a  kind  of  expiation  for  that  of 
Spain,  yet  I  entirely  participate  in 
the  opinion  of  an  honourable  col- 
league, M.  Bignon.  It  was  con- 
ducted  in  an  impolitic  manner  ;  it 
is  particularly  liable  to  that  charge, 
since  it  places  in  a  false  and  em- 
barrassed situation,  and,  possibly, 
at  the  mercy  of  England,  6000 
Frenchmen,  who,  as  my  honoura- 
ble friend  General  Sebastiani  has 
proved,  are  insufficient  to  guard 
the  Morea,  conquer  Athens,  Mis- 
solonghi,  and  carry  the  frontiers  of 
Greece  to  Mount  Olympus  or 
Thermopylae. 

"  Our  sound  policy  was,  then,  to 
reinforce  our  well-appointed  navy, 
and  to  prepare  in  silence  for  events 
which  futurity  conceals  in  its  bo- 
som. Our  policy  was  carefully  to 
preserve  a  neutrality  between 
England  and  Russia,  which  have 
opposite  interests ;  not  the  neutra- 
lity of  a  petty  power,  which  is  the 
sign  of  weakness,  or  anticipated 
resignation  to  whatever  victory 
shall  order,  but  that  armed  neu- 
trality which  gives  strength  in  a 
formidable  repose,  which  promises 
support  to  the  vanquished,  and 
which  warns  the  conqueror  that  he 
cannot,  with  impunity,  pass  over 
the  barriers  which  the  balance  of 


FRANCE, 


'255 


Europe,  and  the  interests  of  other 
nations,  oppose  to  him." 

To  these  remarks,  M.  De  Caux, 
minister  of  war,  replied,  "  It  has 
just  been  said,  that  the  expedition 
of  the  Morea  was  an  expiation  for 
the  Spanish  war ;  I  must  repel 
such  an  assertion.  The  Spanish 
war  arose  from  a  noble  and  gene- 
rous sentiment  of  France  for  a 
neighbouring  prince.  (To  the  left, 
no,  no.  To  the  right,  yes,  yes.) 

"  It  has  produced  an  immensely 
important  result,  by  showing  what 
a  French  army  could  effect  after 
our  reverses ;  it  then  manifested 
conspicuously  its  love  for  the  king, 
for  the  heir  to  the  throne,  and  for 
the  virtues  of  this  prince.  Under 
this  point  of  view,  the  expense  is 
not  to  be  regretted.  (Murmurs 
and  denials  to  the  left.)  As  to  the 
expedition  of  the  Morea,  I  will  not 
discuss  the  political  question.  The 
keeper  of  the  seals  (acting  as  mi- 
nister  of  foreign  affairs)  did  that 
yesterday,  and  he  was  the  proper 
person  to  do  it.  I  will  say  less 
than  he  did.  I  will,  however,  add, 
that  the  moment  has  not  yet  ar- 
rived to  judge  that  expedition,  as 
useful  to  the  policy  of  France,  as 
it  was  to  humanity.  All  who  return 
from  the  Morea  are  persuaded,  that 
without  the  presence  of  our  troops, 
Ibrahim  would  still  occupy  it.  In 
the  present  state  of  things,  we  en- 
tertain the  hope,  that  the  negotia- 
tions that  have  been  commenced 
will  be  carried  on  in  such  a  way  as 


to  procure  to  Greece  boundaries 
calculated  to  give  her  the  rank  of 
a  European  nation." 

It  does  not  appear  that  any 
diplomatic  correspondence  on  sub- 
jects of  importance  took  place  be- 
tween the  French  government,  and 
our  minister  at  Paris,  during  the 
period  of  which  this  volume  treats. 

By  the  operation  of  the  com- 
mercial treaty  of  1822,  all  discri- 
minating duties  upon  the  vessels  of 
France  and  the  United  States, 
respectively  ceased  on  the  1st  of 
October,  1827. 

The  claims  of  our  citizens,  ari- 
sing from  injuries  sustained  under 
illegal  decrees  against  neutral  com- 
merce, still  continue  undecided. 
These  demands  include  many  cases 
of  vessels  burned  at  sea,  and  of 
cargoes  sequestered  in  the  ports  of 
France,  and  provisionally  sold,  re- 
specting which  no  adjudication  has 
ever  taken  place ;  and  some  of 
which,  it  has  been  ascertained, 
would  have  been  restored  by  the 
imperial  government,  had  Napoleon 
continued  in  power.  But,  though 
claims  of  a  precisely  similar  cha- 
racter with  ours,  on  the  part  of 
other  powers,  have  been  liquidated, 
the  just  reclamations  of  our  citi- 
zens, which  were  presented  as  early 
as  1816,  to  the  attention  of  the 
present  royal  government,  have 
been  almost  totally  disregarded. 
As  the  liability  of  France  under 
the  laws  of  nations,  and  treaties, 
cannot  be  seriously  disputed,  the 


ANNUAL  REGISTER,  1827-8-9. 


neglect,  with  which  our  country 
has  been  treated  in  this  matter, 
cannot  but  be  deemed  most  ex- 
traordinary  ;  especially,  when  it  is 
recollected  that  France  carries  on 
with  the  United  States,  a  more  ex- 
tensive  trade,  than  with  any  one 
other  nation,  not  excepting  the 
adjoining  kingdom  of  Spain,  or 
the  neighbouring  British  isles.* 

The  only  way  in  which  it  has 
been  attempted  to  meet  our  de- 
mands, has  been  by  asserting 
counter  claims,  under  the  Louisiana 
treaty,  and  for  balances  alleged 
to  be  due  to  the  heirs  of  M.  Beau- 
marchais,  a  French  subject,  for 
supplies  furnished  the  government^ 
during  the  revolution. 

The  claim  under  the  treaty  of 
Louisiana,  depends  upon  the  con- 
struction of  the  8th  article,  by 
which,  after  the  expiration  of  the 
twelve  years,  during  which  they 
were  to  have  the  same  privileges 
as  Americans,  French  vessels  were 
for  ever  to  be  treated  in  the  ports 
of  that  ancient  colony  "on  the  foot- 
ing °f  the  most  favoured  nations." 

By  conventions  and  mutual  le- 
gislation the  foreign  discriminating 
duties  on  the  tonnage  of  vessels, 
and  on  the  goods  imported  therein 
are  abolished  in  favour  of  several 
nations,  (as  we  have  seen  to  be  the 
case  with  regard  to  Great  Britain,) 


in  Consequence  of  their  according 
like  privileges  to  our  navigation. 

France,  who  had  not  acceded  to 
the  proposition  of  reciprocity,  be- 
gan as  early  as  1817,  to  maintain 
that  she  was  entitled  to  enjoy, 
gratuitously,  in  the  ports  of  Lou- 
isiana, all  the  privileges  which  the 
vessels  of  England,  whom  she  con- 
sidered as  the  most  favoured  nation ; 
possessed  there  under  the  treaty  of 
commerce,  and  for  which  an  equi- 
valent was  paid.  It  was  urged,  in 
reply  to  the  demands  of  France, 
that  she  claimed  to  enjoy  a  pri- 
vilege, without  fulfilling  the  con- 
dition  on  which  it  was  granted* 
"  The  stipulation,"  said  the  Ame- 
rican secretary  of  state,  "  to  place 
a  country  on  the  footing  of  the 
most  favoured  nations,  necessarily 
meant  that  if  a  privilege  was  grant- 
ed to  a  third  nation,  for  an  equi- 
valent, that  equivalent  must  be  giv- 
en by  the  country  which  claimed 
the  same  privilege,  by  virtue  of 
such  stipulation." 

The  only  allusions  that  we  find 
to  American  affairs,  in  the  debates 
of  the  two  sessions  under  conside- 
ration, are  some  observations  from- 
General  La  Fayette,  during  the 
discussions  on  the  budget,  in  1828, 
and  a  few  words  from  M.  Labbey 
Pompieres,  in  his  speech  in  the  same 
year,  proposing  the  accusation  of 


*  In  1824,  the  value  of  the  whole  of  the  exports  of  France,  was  440,542,000  francs ; 
of  which  55,000,000  were  to  the  IMted  States,  52,000,000  to  Spain,  nnd  45,000,000 
to  Great  Britain, 


FRANCE 


257 


the  former  ministry.  They  both 
referred  to  the  long  neglected 
claims  of  our  citizens  for  depre- 
dations under  the  imperial  govern- 
ment. "  The  North  Americans," 
said  the  deputy  last  named,  "  de- 
mand the  payment  of  debts,  which 
we  do  not  seem  disposed  to  acquit." 
And  again  he  asked  among  other 
questions,  "  Has  the  late  admini- 
stration discussed  the  claims  of  the 
United  States?  No,  they  have 
neglected  every  thing,  lost  every 
thing,  and  infused  distrust  and 
languor  into  every  thing." 

On  the  expiration  of  M.  Ferro- 
nays'  second  leave  of  absence,  it 
became  necessary  to  make  defini- 
tive arrangements  ;  but  though  the 
Duke  de  Laval  Montmorehcy,  then 
ambassador  at  Vienna,  was  actually 
appointed  minister  of  foreign  affairs, 
and  the  ordinance  was  published 
in  the  Moniteur,  he  refused  to  as- 
sociate himself  with  the  falling  for- 
tunes of  an  administration  that 
seemed  to  be  wholly  unsupported 
by  the  confidence  of  either  the 
king  or  the  people.  As  the  ap. 
plications  to  other  prominent  men 
were  not  attended  with  better  suc- 
cess, nothing  could  be  done,  except 
to  announce  to  the  world  the  in- 
ability of  the  existing  administra- 
tion to  continue  in  the  direction  of 
the  public  affairs,  or  to  supply  the 
personnel  of  the  ministry,  from  in- 
dividuals already  in  office.  The 
latter  alternative  was  resorted  to, 
and  on  the  15th  of  May,  M.  Por- 

VOL.  Ill,  33 


tails  assumed  the  title  of  minister 
of  foreign  affairs,  while  his  late 
under  secretary,  M.  Bourdeau, 
was  elevated  to.  the  rank  of  keeper 
of  the  seals,  and  minister  of  justice. 
As  the  session  advanced,  the 
ministry  became  more  and  more 
unpopular  with  the  liberals  ;  and  a 
circular  was  issued,  in  the  month 
of  July,  directing  prosecutions 
against  all  journals,  which  render- 
ed themselves  in  any  way  obnoxi- 
ous to  the  laws.  When  the  sub- 
ject of  the  appropriations  for  the 
year  was  brought  forward,  the  same 
general  spirit  of  disaffection,  which 
had  led  to  the  defeat  of  the  laws 
for  the  organization  of  the  depart- 
ments and  communes,  though  ten- 
dered as  they  had  been  as  a  boon 
to  the  majority,  manifested  itself  in 
the  votes  on  every  branch  of  the 
service.  In  no  way  could  a  want 
of  confidence  be  more  clearly  ex- 
hibited, than  in  the  vote  of  credit, 
for  the  ensuing  year.  Fifty-two 
millions  had  been  asked  by  the 
government ;  but,  though  the  result 
of  the  operation  in  the  east  of  Eu- 
rope was  then  still  uncertain,  a 
reduction  of  nine  millions  and  a 
half,  proposed  by  the  commission, 
was,  on  the  10th  of  July,  sustained 
by  the  chamber.  That  there  might 
be  no  mistake,  that  the  motives  for 
this  decision  were  to  indicate  the 
sentiments  of  the  legislature  re- 
specting  the  pusillanimity  of  mi- 
nisters, language  to  the  following 
effect  was  used  bythe  liberal  party. 


258 


ANNUAL  REGISTER,  1827-8-9. 


"  The  ministry  has  obtained 
42,600,000  francs,  and  that  is  as- 
suredly sufficient  for  the  purposes  to 
which  it  was  to  be  applied  ;  an  in- 
tervention in  the  east,  which  looks 
to  placing  Greece  in  a  disgraceful 
vassalage  ;  a  very  benevolent  neu- 
trality towards  the  monster  who 
covers  Portugal  with  blood  ;  hosti- 
lities  without  result  against  a  hand- 
ful of  pirates  ;  an  internal  admini- 
stration which  is  averse  to  every 
important  amelioration,  and  has  no 
condescension  except  for  the  men 
and  the  principles  of  a  faction,  the 
enemies  of  every  species  of  liberty 
— all  this  was  abundantly  paid  for, 
by  the  annual  milliard.  It  is  surely 
sufficiently  complaisant,  to  accord 
forty-two  and  a  half  millions  to 
encourage  such  a  system."  In  the 
chamber  of  peers,  which  had  been 
reduced  to  a  small  number  by  the 
retirement  of  several  of  its  mem- 
bers, as  early  as  the  month  of  May, 
Villele's  partisans  were  said  to  have 
unexpectedly  found  themselves  in 
the  majority. 

At  the  termination  of  the  discus- 
sions respecting  the  budget,  the 
members  generally  left  town,  and 
the  session  was  soon  after  formally 
closed.  Much  joy  was  expressed 
by  the  ministers  on  this  occasion, 
but  it  was  extremely  short  lived. 
The  embarrassments  which  the 
chamber  occasioned,  were  nothing 
in  comparison  with  the  difficulties 
which  the  intrigues  of  the  court 
excited,  when  there  was  no  longer 


any  counterpoise   against  its  ma. 
noeuvres. 

The  dissolution  of  the  ministry, 
which,  from  its  want  of  efficiency, 
may  be  aptly  compared  with  the 
Goderich  cabinet  in  England,  fol- 
lowed the  prorogation  within  a  few 
days.  M.  Portalis  had  kept  vacant 
for  himself  the  office  of  first  pre- 
sident of  the  court  of  cassation,  the 
highest  judicial  station  in  France. 
To  the  other  members  of  the  late 
cabinet,  the  distinctions  usually 
accorded  to  retiring  ministers  were 
given,  except  to  MM.  Bourdeau, 
and  Vatismenil,  who  had  neither 
decorations,  pensions,  nor  the  titles 
of  ministers  of  state.  M.  Cha- 
teaubriand, who  had  been  ambas- 
sador at  Rome,  under  the  last 
cabinet,  and  had  been  spoken  of 
as  minister  of  foreign  affairs — a 
post  which  he  had  formerly  oc- 
cupied, returned  to  Paris,  to  resume 
his  old  avocation,  as  a  writer  for 
the  journals. 

On  the  9th  of  August,  the  fol- 
lowing appointments  were  officially 
announced : 

The  Prince  Polignac,  minis'er  of 
foreign  affairs,  in  the  place  of  M. 
Portalis ;  M.  Courvoisier,  keeper 
of  the  seals  and  minister  of  justice, 
vice  M.  Bourdeau ;  the  Count 
Bourmont.  minister  of  war,  vice 
Viscount  de  Caux  ;  Count  de  Rig- 
ny,  minister  of  marine,  and  the 
colonies,  vice  the  Baron  Hyde  de 
Neuville  ;  the  Count  de  laBourdon- 
naye,  minister  of  the  interior,  vice 


FRANCE. 


'259 


M.  Martignac.  The  Baron  de 
Montbel,  minister  of  ecclesiastical 
affairs  and  public  instruction,  vice 
the  Bishop  of  Beauvais,  and  M. 
Vatismenil.  The  Count  Chabrol 
de  Crousol,  minister  of  finance, 
vice  Count  Roy. 

The  ministry  of  commerce  and 
manufactures  were  suppressed,  and 
those  of  ecclesiastical  affairs  and 
public  instruction  were  united. 

M .  de  Rigny,  who  had  acquired 
great  reputation  from  the  part  that 
he  had  performed  as  admiral  of  the 
French  squadron  at  the  battle  of 
Navarino,  declined  the  proffered 
honour  of  a  ministerial  port-folio, 
and  was  replaced  by  M.  D'Haussez, 
prefect^of  the  Gironde,  and  a  mem. 
ber  of  the  chamber  of  deputies, 
where  he  had  always  sat  as  one  of 
the  cote  droit,  without,  however, 
exhibiting  any  violence  in  his  ob- 
servations or  conduct. 

But,  the  ministry  was  decidedly 
ultra-royal,  and  some  of  its  mem- 
bers were  not  free  from  personal 
reproach.  M.  de  Bourmont  was 
especially  obnoxious  to  the  army, 
over  whom  he  was  called  to  preside. 
After  having  been  with  the  prince 
of  Conde,  at  the  commencement 
of  the  revolution,  serving  in  the 
army  of  Vendee,  and  being  en- 
gaged  in  many  intrigues  against 
the  republic,  he  was,  under  the 
imperial  government,  taken  into 
the  favour  of  Napoleon,  and  made 
adjutant  general  of  the  army  of 
Naples,  and  subsequently,  a  general 


of  division.  On  the  restoration  ol 
the  old  dynasty,  he  immediately 
pronounced  himself  in  favour  of 
Louis  XVIII.,  and  was  raised  by 
him  to  the  command  of  a  division. 
During  the  hundred  days,  he  so- 
licited and  obtained  employment 
from  Bonaparte  ;  but  on  the  eve  of 
the  battle  of  Waterloo,  he  aban- 
doned  his  troops,  and  deserted  to 
the  Bourbons,  whom  he  joined  at 
Ghent.  For  this  perfidy,  he  was. 
on  the  second  restoration,  assigned 
to  the  command  of  a  division  of 
the  royal  guards.  He  was  sub- 
sequently  made  a  peer,  and,  after 
the  return  of  the  Duke  d'Angou- 
leme  from  Spain,  the  army  of  oc- 
cupation in  that  country  was  con- 
fided to  him.  This  biographical 
sketch  renders  unnecessary  all 
further  comment  on  the  new  mi- 
nister  of  war. 

The  most  prominent  individual 
in  the  cabinet  was  Prince  Polig. 
nac,  a  name  completely  identified 
with  the  ancient  regime,  and  with  * 
opposition  to  all  the  innovations  of 
modern  times.  His  mother,  the 
celebrated  Duchess  of  Polignac, 
was  the  governess  of  the  children 
of  the  royal  family,  and  the  inti. 
mate  friend  and  counsellor  of  the 
unfortunate  queen  Maria  Antoi. 
nette,  whom  the  persecutions  of  the 
revolutionists  obliged  ber  to  quit,  at 
the  same  time  that  count  d'Artois. 
and  the  other  princes,  left  France. 
Attached  from  his  very  birth  to  the 
person  and  fortunes  of  the  present 


860* 


ANNUAL  RECJ1STKR, 


king,  M.  de  Polignac  participates 
in  his  religious  as  well  as  political 
sentiments.  He  was  implicated,  as 
was  also  his  brother,  in  the  conspira- 
cy of  Pichegru,  when  he  owed  his 
life  to  the  clemency  of  Napoleon, 
and  the  intercession  of  Josephine. 
He  was  said  to  have  been  also  con- 
cerned in  the  extraordinary  con- 
spiracy,  if  conspiracy  it  can  be 
called,  of  Mallet,  in  1812,  in  which 
an  individual,  almost  unassisted, 
was  near  overturning  the  most  pow- 
erful government  of  Europe. — 
Since  1823,  Prince  Polignac  had 
been  ambassador  at  the  court  of 
London,  from  which  post  it  was 
known  to  have  been  long  the  king's 
wish  to  remove  him  to  a  station  of 
higher  importance,  and  nearer  the 
royal  person.  Indeed,  from  the 
first  formation  of  the  last  cabinet, 
it  was  understood  that  the  office  of 
president  of  the  council,  which  al- 
ways continued  vacant,  was  reser- 
vod  for  him.. 

Aware  of  the  impressions  asso- 
ciated with  his  name  and  history, 
Prince  Polignac  took  every  oppor- 
tunity to  announce  his  adhesion  to 
constitutional  principles.  Early  in 
the  session  of  1829,  he  made  a 
speech  in  the  house  of  peers  on  the 
liberty  of  the  press,  and  declared 
that  "if  the  editors  of  newspapers, 
or  rather  their  advisers,  could  pen- 
etrate into  his  domestic  establish- 
ment, thev  would  be  convinced 


that  his  studies  and  his  meditations 
had  long  been  directed  to  the  im. 
provement  of  the  existing  institu- 
tions, which  it  was  his  anxious  de- 
sire,  should  be  the  inheritance  of 
his  children." 

With  this  assertion,  however, 
neither  the  belief  of  the  chambers, 
nor  of  the  nation,  corresponded.  In 
his  diplomatic  career,  the  only  one 
in  which  he  had  been  at  all  favour- 
ably known  to  the  country,  Prince 
Polignac  had  always  manifested  a 
disposition  to  resist  the  extension 
of  popular  governments.  In  the 
conferences  of  1823,  with  Mr.  Can- 
ning, on  the  subject  of  the  South 
American  states,  while  the  British 
secretary  refused  to  put  forward 
the  adoption  of  any  form  of  govern, 
ment,  "  as  a  condition  of  their  re- 
cognition,"  the  French  ambassador 
proposed  that  the  European  powers 
should  concert  together,  "to  en- 
deavour  to  bring  back  to  a  princi. 
pie  of  union  in  government,  whe- 
ther monarchical  or  aristocratical, 
people  among  whom  absurd  and 
dangerous  theories  were  now  keep- 
ing up  agitation  and  disunion."* 
As  one  of  the  members  of  the  con- 
gress of  the  three  powers,  to  whom 
the  discussions  on  the  execution  of 
the  treaty  of  mediation  of  the  6th 
July,  were  confided,  M.  de  Polig- 
nac was  always  understood  to  in- 
cline as  far  towards  the  views  of 
Great  Britain,  and  as  little  to  those 


*  Parliamentary  papers,  March,  1824. 


FRANCE, 


2*31 


of  Russia,  as  the  instructions  of  his 
government  would  permit.  His 
private  connexions  with  England, 
in  which  country  he  has  been  twice 
married,  without  liberalizing  his 
views,  either  on  politics  or  religion, 
were  calculated  to  oppose  an  addi- 
tional obstacle  to  his  countrymen's 
favourable  reception  of*  him,  as  the 
head  of  the  government  of  France. 
Besides  the  usual  jealousy  of  Eng- 
lish interference,  the  supposed  in- 
fluence of  the  Duke  of  Welling- 
ton over  Prince  Polignac,  who  is 
without  any  great  redeeming  ta- 
lents, was  calculated  to  increase  the 
existing  prejudices  against  him.— 
Even  the  approbation  of  the  British 
press,  was  attended  with  results  di- 
rectly opposite  to  its  avowed  object. 
The  member  of  the  cabinet, 
who  ranked  next  in  importance  to 
M.  de  Polignac,  was  M.  de  la  Bour- 
donnaye,  minister  of  the  interior, 
'who  had  been  one  of  the  most  ar- 
dent supporters  of  the  extreme  right, 
and  who  had  consequently  enjoyed 
the  confidence  of  the  zealous  ad- 
vocates of  high  monarchical  prin- 
ciples. He  had,  however,  beeii  as 
ardently  hostile  to  the  Villele  mi- 
nistry, as  any  of  the  liberal  party, 
but  on  very  different  grounds,  ha- 
ving reproached  the  government 
with  hesitation,  in  engaging  in  the 
Spanish  war,  and  with  the  recog- 
nition of  Hayti,  and  their  inter- 
vention in  the  affairs  of  Greece. 
It  is  to  be  observed,  that  M .  de  la 
Bourdonnave's  fraction  of  the  old 


royalist  party,  is  not  to  be  con- 
founded with  the  royalist  secession, 
(formed  when  M.  Cha,  aubriand 
was  driven  from  the  ministry,  in 
1824,)  to  which  M.  Hyde  de  Neu- 
ville,  and  others,  whom  we  have 
heretofore  named,  belonged,  and 
whose  union  with  the  cote  gauche 
and  centre  gauche  in  the  election  of 
the  chamber  in  1828,  raised  M. 
Royer  Collard  to  the  presidency. 

The  few  discussions  in  the 
chamber  of  deputies,  to  which  we 
have  referred,  are  sufficient  to  show 
that  the  difficulties  with  which  the 
ministry  had  to  contend  in  1829, 
were  similar  to  those  encountered 
by  them  in  the  preceding  year,  and 
that  it  was  not  the  legitimate  power 
of  the  cote  droit,  that  overturned 
them.  It  was  then  difficult  to  ima- 
gine, if  a  moderate  ministry  could 
not  be  sustained,  because  it  was 
not  sufficiently  liberal,  how  a  de- 
cidedly ultra-royalist  one  could  ob- 
tain the  requisite  parliamentary 
support. 

This  subject  seems  to  have  early 
occupied  the  attention  of  the  new 
cabinet.  It  is  even  reported  that 
it  was  in  contemplation  to  dispense 
with  the  legislature,  and  to  resort 
at  once  to  the  power  of  the  crown. 
Another  idea  that  seems  to  have 
been  seriously  entertained  was,  to 
take  advantage  of  the  precedent  of 
1820,  and  add  to  the  chamber  a 
large  number  of  new  deputies, 
selected  in  such  a  way  that  the 
government  might  influence  their 


ANNUAL  REGISTER,  1827-8-9. 


choice,  and  thus  secure  a  prepon- 
derance. M.  de  la  Bourdonnaye 
proposed  a  dissolution  of  the  pre- 
sent chamber,  and  a  new  appeal  to 
the  electoral  colleges,  where  it  was 
hoped  that  by  a  union  of  all  the 
royalists,  who  had  been  divided  in 
1827,  a  majority  might  be  obtained. 
This  course,  however,  as  well  as 
the  preceding  plans,  were  ultimate- 
ly rejected  ;  but  a  new  measure  of 
the  king  led,  in  November,  to  a 
slight  change  in  the  members  of 
the  administration. 

However  practicable  it  might 
have  been  to  reconcile  M.  de  la 
Bourdonnaye  to  a  decision  adverse 
to  his  views  on  a  question  of  policy, 
the  determination  to  give  to  Prince 
Polignac  a  decided  pro-eminence, 
by  making  him  president  of  the 
council,  drove  him  from  the  cabi- 
net. The  place  of  the  retiring 
minister  was  supplied,  without  al- 
tering the  political  complexion  of 
the  administration,  which'  was  now 
deemed  to  be  completely  under  the 
direction  of  the  devout  party.  The 
baron  de  Montbel,  who  had  been 
elected  to  the  chamber  by  the  con- 
greganistes  of  Toulouse,  was  trans- 
ferred to  the  department  of  the  in- 
terior; and  M .  Ranville,  distinguish- 
ed at  Caen  among  the  impetuous 
agents  of  the  re-action  of  1815, 
was  made  minister  of  ecclesiastical 
affairs  and  public  instruction, — and 
thus  constituted, we  leave  theFrench 
cabinet  at  the  close  of  1829. 
We  will  finish  the  present  chap- 


ter with  a  few  observations  on 
the  political  state  of  the  country, 
whose  history  we  have  now  con- 
cluded. 

The  constant  tendency  of  things 
in  France,  even  since  the  revolu- 
tion,  has  been  towards  the  increase 
of  the  popular,   at  the  expense  of 
the  monarchical,  or  rather,  of  the 
aristocratical  elements  of  the  go- 
vernment.     Though  theoretically 
similar,  nothing  can  really  be  more 
unlike,  than  the  practical  operation 
of  the  English  and  French  systems. 
In  the  former  country,  the  nobility, 
enjoying,  as  we  have  had  occasion 
to  observe,  when  speaking  of  Great 
Britain,  enormous  patronage,  both 
in  church  and  state,  constituting  the 
one  branch  of  the  legislature,  and 
controlling  the  other,  consider  the 
king  as  a  mere  pageant,  to  be  used 
for  the  sole  purpose  of  giving  a  for. 
mal  sanction  to  their  acts.  They  dis- 
regard the  popular  sentiment,  un- 
less, as  was  the  case  with  respect  to 
the   Catholic    question,  apprehen- 
sion of  resort  to  the  extreme  mea- 
sures  of  revolution,  leads  them  to 
sacrifice  to  immediate  self-preser- 
vation,  their  preconceived  views  of 
policy,  or  even  to  jeopard  some  of 
their    exclusive    advantages.      In 
France,  on  the  other  hand,  by  the 
confiscation  of  the  property  of  the 
old  emigrants,  and  the  operation  for 
many  years,  of  a  system  of  descent, 
which,  by  making  the  distribution 
of  real  estate  to  a  certain  extent 
compulsory,  even  goes  beyond  our 


FRANCE. 


own  practical  agrarian  law  ;  few,  if 
any,  fortunes  are  to  be  found  among 
the  nobility  adequate  to  give  dig- 
nity  and  weight  to  the  peerage. 
Nor  have  the  French  Dukes  and 
Marquisses,  for  the  members  of 
their  families,  any  of  those  sine- 
cures,  which  enable  the  younger 
brothers  of  English  lords  to  keep 
themselves  aloof  from  those  occu- 
pations, in  which  the  primary  ob. 
ject  is  the  attainment  of  a  liveli- 
hood. 

As  the  legislature,  under  its  pre- 
sent form,  is  a  new  institution,  and 
as  the  Montmorencys  and  other 
historical  names  are  placed,  side 
by  side,  with  the  now  homines  of 
the  imperial  dynasty,  and  the  titles 
born  by  the  members  of  the  peer- 
age are  also  possessed  by  thou- 
sands of  counts  and  barons,  who 
are  without  either  property  or  po- 
litical power ;  there  has  been  no 
revival  of  that  reverence  of  the 
lower  class  for  titles,  which  the  re- 
volution destroyed  in  France,  but 
which  seems  to  be  inherent  in  an 
Englishman,  whatever  may  be  the 
political  party,  tory,  whig,  or  radi- 
cal,  by  which  he  may  choose  to 
distingish  himself. 

While,  however,  the  revenues 
of  French  peers,  who  depend  on 
their  patrimonies,  are  too  inconsi- 
derable to  give  them  importance  in 
the  eye  of  the  people,  or  even  in  ma- 
ny cases,  to  enable  them  to  sustain 
the  necessary  expenses  of  private 
gentlemen,the  prosperity  of  the  com- 


mercial and  manufacturing  esta- 
blishments has  placed  in  the  hands  of 
another  class  of  the  community,  for- 
tunes, which  enable  its  members  to 
assume  much  of  that  consideration, 
both  social  and  political,  from  which 
the  nobility  are,  by  their  poverty, 
excluded.  The  principle,  also,  on 
which  the  right  of  suffrage  is  es- 
tablished, (though,  assuredly,  the 
authors  of  the  ckarte  had  not  that 
object  in  view,)  is  well  calculated 
to  increase  the  power  of  the  af- 
fluent and  respectable  merchants 
and  manufacturers.  While  large 
portions  of  the  old  provincial  no- 
bility are  prevented,  by  the  high 
pecuniary  qualifications  demanded, 
from  participating  in  the  choice  of 
deputies,  the  prosperous  tradesman 
is  sure  of  having  his  seat  in  the  col- 
lege of  the  arrondissement,  and  not 
unfrequently  takes  rank  of  a  count, 
who  can  trace  his  lineage  from  the 
crusades,  in  the  grand  college  of 
the  department.  As,  too,  this  right 
of  voting  is  limited  to  a  very  small 
number,  it  is  felt  as  a  vastly  more 
important  privilege,  than  where  it  is 
shared  with  every  individual  in  the 
community.  The  elector,  who,  with 
only  a  hundred  others,  makes  a  de- 
puty, feels  that  he  is,  in  truth,  a  part 
of  the  real  sovereignty  of  the  na- 
tion, and  that  his  opinion  must  be  ap. 
preciated,  and  may  have  a  direct  ef- 
fect on  public  measures.  He  is  also, 
by  his  property,  above  the  tempta. 
tion  of  being  influenced  by  merely 
sordid  considerations;  while  the 


ANNUAL  REGISTER,  1827-8-9. 


number  of  voters  is  too  large,  and 
the  patronage  of  government  too 
small,  to  admit  of  reourse  to  the  ex- 
pedients by  which  the  control  of 
boroughs  is  obtained  in  England. 
It  may  be  confidently  asserted,  that 
no  country  possesses  a  more  inde- 
pendent body  of  electors,  or  men 
more  thoroughly  determined  to  as- 
sert what  they  believe  to  be  their 
rights,  than  the  members  of  the  col- 
leges by  which  the  French  deputies 
are  chosen.  As  to  what  their  consti- 
tutional rights  are,  there  is  undoubt- 
edly much  more  abstract  discussion 
in  France,  as  has  been  hinted,  than 
accords  with  the  practical  charac- 
ter of  Englishmen,  but  the  general 
dissemination  of  the  pripciples  of 
liberty  has  within  a  few  years 
been  unprecedently  rapid  there. — 
From  what  has  been  observed,  it  is 
evident  that  encroachments  are 
scarcely  to  be  apprehended  from 
the  aristocracy.  On  the  contrary,  as 
at  present  constituted,  it  is  difficult 
to  perceive  how  the  house  of  peers 
will  be  able,  even  to  maintain  their 
chartered  rights. 

The  sovereign,  is  viewed  with 
less  jealousy  by  the  people,  than  the 
aristocracy  are ;  and  as  he  is,  by 
circumstances,  far  removed  from 
the  mass  of  his  subjects,  and  there- 
fore not  exposed,  in  ordinary  cases, 
to  direct  collisions  with  them,  he 
might,  were  he  prudent,  by  giving  to 
the  merchants,  agriculturists,  and 
manufacturers  of  France,  repre- 
sented in  the  chamber  of  deputies, 


the  same  power  with  respect  to  a 
ministry,  which  is  virtually  exer- 
cised by  the  aristocracy  of  Eng. 
land,  long  retain  his  rank  and  re- 
venues. 

But  religion  has  probably  had 
as  much  influence  as  politics  in 
the  recent  ministerial  changes  in 
France.  The  revolution  not  only 
freed  the  minds  of  the  people  from 
the  superstition  and  bigotry  by 
which  they  were  once  enslaved, 
but  the  mass  of  the  population,  with 
the  corruptions,  rejected  even  the 
essential  observances  of  the  Chris- 
tian dispensation  ;  nor  has  religion 
been  since  presented  to  them  in  a 
form  calculated  to  command  their 
ready  acceptance.  The  royal  fa- 
mily, on  the  other  hand,  probably 
clung  to  'all  the  distinctive  pecu- 
liarities of  the  catholic  faith  with 
the  more  earnestness,  from  the 
connexion  which  the  revolutionists 
themselves  recognised  between  the 
altar  and  the  throne.  Louis  XVHL 
a  man  of  learning  and  judgment, 
overcame,  as  far  as  he  was  capa- 
ble, the  prejudices  imbibed  in  exile; 
but  his  successor,  Charles  X.,  like 
James  II.  of  England,  between 
whose  situation  and  that  of  the  pre- 
sent sovereign  of  France  a  parallel 
has  frequently  been  drawn,  seems 
to  have  benefited  but  little  by  the 
experience  of  history.  Himself  an- 
affiliated  Jesuit,  he  is  governed  by 
the  counsels  of  that  renovated  so- 
ciety, whom  the  'laws  of  France 
exclude  from  the  kingdom,  but 


FRANCE. 


265 


who  eiijoy  the  friendship  and  pro- 
tection of  the  monarch,  and  of  his 
responsible  advisers. 

How  it  will  be  possible  for  the 
government,  as  at  present  consti- 
tuted, to  obtain  a  majority  in  any 
chamber,  convened  under  existing 
laws — what  would  be  the  result  of 
a  coup  d'etat,  if  the  deputies  should 
refuse  the  necessary  appropria- 
tions— are  questions  which  we  shall 
not  attempt  to  solve.  There  are, 
certainly,  many  acute  observers,  as 
tvell  in  other  parts  of  Europe  as  in 
France,  who  confidently  believe 
(hat  the  parallels  between  the  Eng. 
Iwh  and  French  revolutions  are  not 


yet  brought  to  a  termination.  Ass 
however,  our  business  is  to  record 
events,  not  to  predict  them,  we 
shall  not  further  dilate  on  this  topic, 
but  merely  observe,  that  the  late 
ministerial  arrangements  seem  emi. 
nently  calculated  to  promote  the 
views  of  those  who  desire  a  change 
in  the  monarchical  and  aristoeratical 
branches  of  the  French  institutions, 
or  at  least  in  the  reigning  dynasty. 
At  the  same  time,  it  is  to  be  re- 
marked that  no  country  of  Europe, 
can  be  considered  as  more  general, 
ly  prosperous  than  France  at  thfe 
present  day. 


VOL  Iff 


CHAPTER  X. 


Russia. — Christianity  contrasted  with  Islamism — British  Empire  in  In- 
dia— Holy  Alliance — Russian  and  Ottoman^Empires — Peter  the  Great — 
Catharine — Alexander — Peace  of  Paris — Sultan  Mahmoud — Alexan- 
der Ypsilanti — Insurrection  of  Greece — Death  of  Alexander — Acces- 
sion of  the  Emperor  Nicholas — Insurrection  in  the  army — Persian  in- 
vasion— Campaign  of  1827-8 — Conclusion  of  peace — Treaty  of  Turk- 
mantchai. 


IN  the  reign  of  Octavius  Caesar, 
master  of  Rome,  then  mistress  of 
the  world,  there  appeared  in  a  small 
and  obscure  province  of  the  Roman 
empire,  a  man  of  humble  birth,  yet 
lineally  descended  from  the  kings 
of  Judea  ;  born  in  the  stable  of  an 
inn,  yet  born  of  a  virgin,  and  an- 
nounced  to  the  world  by  the  voice 
of  angels  as  the  saviour  of  man- 
kind. The  result  of  his  appearance 
upon  earth,  was  then  declared  by  a 
multitude  of  the  heavenly  host,  to 
be  "  Glory  to  God  in  the  highest, 
and  on  earth  peace,  good  will  toward 
man." 

This  man  was  the  mediator  of  a 
new  covenant  between  God  and 
man.  He  was  the  founder  of  a 
new  religion. 

He  proclaimed  by  a  special  re- 
velation  from  Heaven,  the  immor- 
talily  of  the  human  soul,  a  future 
state  of  retribution,  and  the  respon- 
sibility of  man  hereafter,  for  the 
deeds  done  in  the  body. 


And  he  declared,  that  the  enjoy- 
ment of  felicity  in  the  world  here- 
after, would  be  the  reward  of  the 
practice  of  benevolence  here.  His 
whole  law  was  resolvable  into  the 
precept  of  love  ;  peace  on  earth — 
good  will  toward  man,  was  the 
earthly  object  of  his  mission  ;  and 
the  authoritative  demonstration  of 
the  immortality  of  man,  was  that, 
which  constituted  the  more  than 
earthly  tribute  of  glory  to  God  in 
the  highest. 

Such  was  the  doctrine  destined 
by  its  internal  power,  to  subdue  the 
masters  of  this  world.  Such  was 
the  kingdom  founded  upon  a  rock, 
against  which  he  declared,  that  the 
gates  of  hell  should  not  prevail. 

But  by  what  means,  to  what  ex- 
tent,  through  what  vicissitudes, 
against  what  obstructions,  and  with- 
in the  compass  of  what  time,  the 
Christian  dispensation  is  to  have 
its  entire  sway  upon  the  moral  and 
religious  condition  of  the  human  fa- 


AV\1  AL  REGISTER,  1827-8-6, 


mily,  it  was  not  within  the  purpo- 
ses of  Divine  Providence  to  reveal. 
The  prediction,  that  the  gates  of 
hell  should  not  prevail,  was  a  pro- 
phesy no  less  clear,  that  the  gates 
of  hell  should  be  armed  against  it. 
That  it  should  make  its  way  against 
all  the  powers  of  earth,  as  well  as 
against  Beelzebub,  the  prince  of  de- 
vils, was  with  equal  explicitness 
announced.  Persecution,  suffer- 
ance, and  death,  were  freely  held 
put,  as  the  destiny  of  those,  who 
should  devote  themselves  to  preach 
the  gospel  of  glad  tidings  to  man. 
The  Lord  of  glory  was  himself  a 
man  of  sorrows,  and  acquainted 
with  grief.  So  little  in  harmony 
were  his  doctrines,  and  their  first 
fruits.,  that  he  expressly  warned  his 
disciples,  that  he  came  not  to  send 
peace  on  earth,  but  a  sword  ;  and 
the  first  pledge  of  the  universal 
triumph  of  his  religion,  was  his  own 
ignominious  death  upon  the  cross. 
The  first  conquest  of  the  religion 
p.f  Jesus,  was  over  the  unsocial 
passions  of  his  disciples.  It  ele- 
vated the  standard  of  the  human 
character  in  the  scale  of  existence. 
The  Christian  was  taught,  that  the 
end  of  his  being  on  earth,  was  the 
salvation  of  his  soul  hereafter, 
Compounded  of  never-dying  spirit, 
and  of  perishable  matter,  he  was 
taught  to  subdue  his  earthly  pas- 
sions ;  to  purify  his  spirit  by  re- 
pentance ;  to  give  his  immortal  part 
entire  control  over  the  lusts  of  the 
flesh :  to  overcome  the  world  of  his 


own  vices,  and  to  sacrifice  the  earth- 
ly pleasures  of  sense  to  the  spirit- 
ual joys  of  eternity.  On  the  Chris- 
tian system  of  morals,  man  is  an 
immortal  spirit,  confined  for  a  short 
space  of  time,  in  an  earthly  taber- 
nacle. Kindness  to  his  fellow  mor- 
tals embraces  the  whole  compass 
of  his  duties  upon  earth,  and  the 
whole  promise  of  happiness  to  his 
spirit  hereafter.  THE  ESSENCE  OF 

THIS  DOCTRINE  IS,  TO  EXALT  THE 
SPIRITUAL  OVER  THE  BRUTAL  PART 
OF  HIS  NATURE. 

Such  was  the  doctrine  of  Jesus. 
But  in  revealing  this  system  of  mo- 
rals to  man,  it  was  not  the  design 
of  Providence  to  change  his  nature. 
It  left  him,  as  he  had  been  created, 
a  little  lower  than  the  angels.  Left 
him  with  all  the  passions  and  pro- 
pensities of  his  degenerate  condi- 
tion, since  the  fall.  It  was  consistent 
with  the  divine  purpose,  that  the 
operation  of  this  system  should  be 
slow  and  gradual.  That  its  con- 
flict with  the  powers  of  the  earth, 
and  the  gates  of  hell,  should  be 
long  protracted  ;  that  it  should  be 
perverted  by  heresies  and  schisms  ; 
that  it  should  be  encumbered  with 
the  most  portentous  and  incredible 
absurdities  ;  that  it  should  be  for 
centuries  oppressed  and  persecu- 
ted, by  the  dominion  of  the  hea- 
thens ;  and  that  after  having  over- 
come  principalities  and  powers,  and 
in  defiance  of  the  Roman  despo- 
tism,  seated  itself  upon  the  throne 
of  the  Csesars,  it  should  encounter 


RUSSIA. 


the  shock  of  a  vile  and  sordid  im- 
posture ;  be  expelled,  not  only  from 
the  region  of  its  birth,  but  from  two 
of  the  three  quarters  of  the  ancient 
globe  ;  and  for  a  period  of  twelve 
hundred  years,  (and  how  much 
longer,  is  yet  among  the  inscruta- 
ble decrees  of  God,)  to  yield  the  do- 
minion over  the  mind  and  body  of 
man,  throughout  the  largest  portion 
of  the  earth,  to  Moloch  and  Cha- 
mos,  "  Lust,  hard  by  hate,"  re- 
emerging  from  the  polluted  regions 
of  human  depravity,  and  propaga- 
ting by  fire  and  the  sword,  the  base 
and  degrading  doctrine  of  immortal 
sensuality. 

In  the  seventh  century  of  the 
Christian  era,  a  wandering  Arab  of 
the  lineage  of  Hagar,  the  Egyptian, 
combining  the  powers  of  transcend- 
ent genius,  with  the  preternatural 
energy  of  a  fanatic,  and  the  fraudu- 
lent  spirit  of  an  impostor,  proclaim- 
ed himself  as  a  messenger  from 
Heaven,  and  spread  desolation  and 
delusion  over  an  extensive  portion 
of  the  earth.  Adopting  from  the 
sublime  conception  of  the  Mosaic 
law,  the  doctrine  of  one  omni- 
potent God  ;  he  connected  indis- 
solubly  with  it,  the  audacious 
falsehood,  that  he  was  himself  his 
prophet  and  apostle.  Adopting 
from  the  new  Revelation  of  Je- 
sus,  the  faith  and  hope  of  im- 
mortal life,  and  of  future  retri- 
bution, he  humbled  it  to  the  dust, 
by  adapting  all  the  rewards  and 
sanctions  of  his  religion  to  the 


gratification  of  the  sexual  passion. 
He  poisoned  the  sources  of  human 
felicity  at  the  fountain,  by  degra- 
ding the  condition  of  the  female  sex, 
and  the  allowance  of  polygamy  ; 
and  he  declared  undistinguishing 
and  exterminating  war,  as  a  part  of 
his  religion,  against  all  the  rest  of 
mankind.  THE  ESSENCE  OF  HIS 

DOCTRINE  WAS  VIOLENCE  AND 
LUST  :  TO  EXALT  THE  BRUTAL 
OVER  THE  SPIRITUAL  PART  OF  HU- 
MAN  NATURE. 

Between  these  two  religions, 
thus  contrasted  in  their  characters, 
a  war  of  twelve  hundred  years  has 
already  raged.  That  war  is  yet 
flagrant ;  nor  can  it  cease  but  by 
the  extinction  of  that  imposture, 
which  has  been  permitted  by  Pro- 
vidence to  prolong  the  degeneracy 
of  man.  While  the  merciless  and 
dissolute  dogmas  of  the  false  pro- 
phet  shall  furnish  motives  to  hu- 
man  action,  there  can  never  be 
peace  upon  earth,  and  good  will 
towards  men.  The  hand  of  Ish- 
mael  will  be  against  every  man, 
and  every  man's  hand  against 
him. 

It  is,  indeed,  amongst  the  myste- 
rious dealings  of  God,  that  this  de- 
lusion should  have  been  suffered 
for  so  many  ages,  and  during  so 
many  generations  of  human  kind, 
to  prevail  over  the  doctrines  of  the 
meek  and  peaceful  and  benevolent 
Jesus.  It  is  the  dominion  of  mat- 
ter  over  mind  ;  of  darkness  over 
light ;  of  brutal  force  over  right- 


ANNUAL  REGISTER,  1827-9-9. 


eousness  and  truth.  But  divine 
justice  finds  not  its  consummation 
upon  earth.  Individual  virtue  or 
vice,  receives  much  of  its  retribu- 
tion  after  its  mortal  career  has 
closed  ;  and  the  rewards  and  pu- 
nishments of  nations  are  adapted  to 
measures  of  time,  extending  over 
numerous  successive  generations, 
and  many  centuries  of  years. 

The  Christian  religion  is  philan- 
thropy leaning  upon  heaven.  Phi- 
lanthropy is  the  sentiment  of  be- 
nevolence towards  his  kind  in  the 
heart  of  man.  But  this  sentiment, 
when  expanded  into  action,  con- 
sists not  in  submission  to  the  will, 
or  in  yielding  to  the  violence  of 
others.  Beneficence  endures  no 
dictation,  and  spurns  at  servitude  : 
peace  can  only  be  maintained  with 
the  pacific  ;  and  the  destiny  of  that 
doctrine  which  for  its  truth  appeals 
only  to  the  sword,  must  eventually 
be,  by  the  sword  itself  to  perish. 
-  For  a  period  of  a  thousand  years 
the  imposture  of  Mahomet  was  per- 
mitted to  triumph.  The  shallow 
infidelity  of  the  last  age  sprung  to 
the  conclusion,  that  this  triumph 
was  never  to  be  reversed  ;  and  the 
short-sighted  historian  of  Rome's 
decline  and  fall,  sneering  alike  at 
the  imposture  of  the  pseudo-prophet 
and  at  the  gospel  of  eternal  truth, 
after  affirming,  that  Mahomet,  with 
the  sword  in  one  hand  and  the 
Koran  in  the  other,  had  erected  his 
throne  on  the  ruins  of  Christianity 
and  of  Rome;  regards  the  event  as 


a  revolution,  which  has  impressed 
a  new  and  lasting  character  on  the 
nations  of  the  globe.* 

Yet  even  at  the  time  when  Gib- 
bon wrote,  the  Ottomon  crescent 
had  long  been  upon  the  wane. 
The  imposture  of  the  Arabian  pro- 
phet had  long  been  culminating 
from  the  meridian.  Compared 
with  Christianity,  it  might  even  then 
have  been  known  by  its  fruits — he 
might  have  spared  the  expression 
of  his  concern  at  the  conquest  by 
the  Arabs  of  Syria,  Egypt  and  Af- 
rica, and  at  his  inability  to  check 
their  victorious  career,  till  they  had 
overthrown  the  monarchies  of  Per- 
sia and  Spain.  The  days  of  Sara- 
cen victory  and  conquest  had  pass- 
ed away;  and  the  annals  of  his 
own  countrymen  in  India,  as  well 
as  those  of  the  Austrian  and  Rus- 
sian empires,  might  have  taught 
him,  that  even  in'  the  brutal  and 
foul  contest  of  arms,  the  man  of 
Mahomet  was  no  longer  a  match 
for  the  Christian  man. 

In  the  half  century  that  has 
elapsed  since  the  publication  of  that 
work,  this  truth,  which  a  philosophi- 
cal historian  ought  then  to  have 
discerned  and  traced  to  its  causes, 
has  been  manifested  in  broader 
light  from  year  to  year.  While 
the  whole  power  of  the  British  em. 
pire  has  been  signally  baffled  by 
inglorious  defeat,  in  the  attempt  to 
retain  in  subjugation  three  millions 
of  their  own  countrymen  and  fel- 
low Christians  in  North  America;  a 


*  Gibbon's  Decline  and  Fall. 


RUSSIA. 


company  of  London  merchants,  un- 
der the  patronage,  though  with  little 
aid,  of  their  government,  have  sub- 
dued in  the  far  more  distant  re- 
gions of  Hindostan,  ten  times  as 
many  millions  of  the  disciples  of 
Mahomet,  or  their  subjects  ;  and, 
as  if  Providence  had  specially  in- 
tended to  mark  the  contrast  of  glo- 
ry and  shame  between  the  cres- 
cent and  the  cross,  the  same  Chris- 
tian chieftain  who  surrendered  his 
sword  to  Washington  at  Yorktown, 
afterwards  received  as  captive  hos- 
tages the  sons  of  Tippoo  Saib, 
seven  years  before  the  extinction 
of  his  life  and  empire  at  the  storm 
of  Seringapatam. 

In  the  successes  of  the  British 
empire  in  India,  but  not  in  them 
alone,  the  philanthropist  and  phi- 
losopher may  indulge  a  rational 
hope  of  perceiving  the  dawn  of  a 
new  light  upon  the  benighted  chil- 
dren of  man.  Never,  never,  may 
the  doctrines  of  the  gospel  be  pro- 
pagated  by  the  sword ;  sufficient 
for  them  may  it  ever  be,  to  be  arm- 
ed  in  celestial  panoply,  and  to 
put  on  the  whole  armour  of  God. 
But  let  the  sword  of  the  impostor 
be  broken.  Let  the  fate  of  Tip- 
poo  Saib,  or  of  his  sons,  be  that  of 
the  last  descendants  of  Mahomet ; 
and  the  standard  of  the  prophet 
henceforth  prove  as  impotent  to 
sustain  his  cause,  as  it  has  been 
when  last  drawn  forth  to  repel  the 
victorious  approach  of  the  Musco- 


vite to  the  mosques  and  minarets 
of  Constantinople. 

It  is  with  reference  to  these 
principles,  and  in  the  prospect  of 
this  consummation,  that  we  are 
disposed  to  consider  the  events  of 
the  war  scarcely  yet  concluded  be- 
tween the  Russian  and  Ottoman 
empires.  Tn  comparison  with  these 
considerations,  the  question  of  the 
operation  of  these  events^upon  the 
balance  of  power  in  Europe  is  but 
the  dust  of  that  balance.  True  it 
is,  that  in  the  frozen  regions  of  the 
north,  on  the  very  borders  of  the 
frigid  zone,  the  descendants  from 
the  Scythians  and  the  Sarmatians 
of  former  ages,  whence  issued  in 
swarms  the  barbarian  conquerors 
of  imperial  Rome,  a  nation  has 
arisen,  at  once  of  European  and 
Asiatic  origin,  but  bowing  at  the 
name  of  Jesus  ;  retaining  the  rites 
of  the  primitive  Grecian  church  ; 
believing  in  the  divine  inspiration, 
and  the  indispensable  moral  and 
religious  obligations  of  the  sermon 
on  the  mount,  of  the  parables  of  the 
good  Samaritan  and  the  prodigal 
son,  and  of  the  12th  chapter  of 
Paul's  Epistle  to  the  Romans. 

It  is  this,  which  essentially  con- 
stitutes them  Christians.  They 
believe  in  the  three  persons  of  the 
Godhead.  Yet  they  are  Unitarians, 
as  unqualified  as  the  believers  in 
the  prophet  of  Mecca.  They  be- 
lieve in  the  real  presence  of  the 
Eucharist,  and  the  atoning  blood 


ANNUAL  REGISTER,  1827-8-9. 


of  Christ,  and  yet  they  believe  that 
faith  without  works  is  dead.  They 
believe  that  Christ  crucified,  is  the 
power  of  God,  and  the  wisdom  of 
God.  They  believe  that  there 
abideth  faith,  hope  and  charity,  and 
that  the  greatest  of  these  is  charity. 

The  government  of  this  nation 
is  an  absolute  military  monarchy, 
with  a  permanent  armed  force  little 
short  of  a  million  of  men,  and  with 
a  discretionary  power  in  the  sove- 
reign, to  summon  to  his  service,  for 
offensive  or  defensive  war,  a  popu- 
lation of  at  least  eight  millions  of 
able  bodied  men,  ready  to  march 
at  his  summons,  and  to  stand  or 
fall  by  his  banner,  with  the  in- 
flexible spirit  of  martyrdom. 

It  cannot  be  denied,  that  this 
nation  is  formidable  to  its  neigh- 
bours, of  the  Christian  faith.  It  is 
formidable  to  the  cause  of  human 
freedom  upon  earth.  But,  besides 
that,  it  is  subject  to  the  control  of 
that  being,  from  whom  the  reve- 
lation of  the  gospel  of  peace  de  • 
scended,  it  is  surrounded  by  other 
Christian  nations,  not  less  warlike 
than  itself;  more  compact ;  more 
advanced  in  the  arts  and  capacities 
of  civilization,  and  enjoying,  how- 
ever diversified  the  principles  and 
organization  of  their  governments, 
a  greater  measure  of  actual  free- 
dom in  the  new  and  overruling 
power  of  intellectual  refinement, 
and  public  opinion.  To  this  en- 
lightened public  opinion  of  Chris- 
tendom, the  sternest  despotisms  of 


Christian  nations,  ar«  compelled  to 
bow  their  heads.  To  none,  is  it 
more  sensible  ;  over  none,  more 
influential,  than  the  autocrats  of 
Russia.  Its  power  was  intensely 
felt  by  the  late  emperor  Alexander 
nor  is  there  reason  to  believe,  or 
fear,  that  its  influence  will  be  less 
propitious,  or  less  efficacious,  upon 
the  mind  and  conduct  of  his  suc- 
cessor. 

That  the  principles  of  Christianity 
will  also  have  their  purifying  and 
restraining  influence,  upon  the  go- 
vernment of  Nicholas  and  his  suc- 
cessors, is  as  little  to  be  doubted. 
That  they  were  deeply  impressed 
upon  the  heart  of  his  predecessor, 
is  certain.  The  league  into  which 
he  entered,  and  of  which  he  was 
the  founder,  denominated  the  holy 
alliance,  unduly,  though  not  un- 
naturally, excited  the  jealousies 
and  the  fears  of  the  friends  of  free- 
dom. They  considered  only  the 
tremendous  danger  of  the  possible, 
and  perhaps  probable,  abuse  of  such 
a  league,  and  did  not  render  justice 
to  the  profoundly  conscientious  and 
virtuous  intention,  which  gave  rise 
to  it,  in  the  heart  of  Alexander. 

That  league  was  formed  at  the 
moment,  when  the  success  of  his 
arms,  and  of  those  of  his  allies  was 
at  the  summit  of  its  splendour.  It 
was  signed  by  himself,  and  his 
brother  monarchs,  in  the  city  of 
Paris,  then  itself  a  memorable 
monument  of  conquest,  mitigated 
by  the  principles  of  Christianity- 


RUSSIA. 


273 


the  professed  object  of  that  con-  of  Tartary ;  in  the  fifth  continent  of 
tract,  was  a  mutual  pledge  of  faith  Australasia,  and  in  the  scattered 
between  Christian  sovereigns  ;  that  isles  of  every  ocean,  the  man  of 
they  would  thenceforth  govern  their  Christian  birth  and  education,  peers 
conduct  toward  each  other,  by  the  above  his  fellow  mortals  by  the 
genuine  precepts  of  their  common 
Lord  and  Master.  The  design  on 
his  part  was  indeed  holy.  The  pur. 
pose  was  sublime.  Alexander  is 

numbered  with  the  dead.     His  vir- 

tues  and  his  frailties  are  removed 

from  earthly  cognizance,   and  he 

has  stood  to  account  for  them,  before 

his  Creator.     His  ear  can  no  longer    physical  energy,  above  the  heathen 

flattered,  nor  his  power  pro-    Roman  of  the   Augustan  age,  an 

utiated,  by  the  praise  of  his  sur-     endless  prospect  of  higher  attain- 

vivmg  fellow  mortals  ;  but  if,  as  in    ment  lies  open  before  him,  and  the 


•/ 

whole  head,  like  Saul  among  the 
children  of  Israel.  The  extent  of 
his  power  prescribes  to  him  the 
measure  of  his  duties.  The  firsft 
of  his  obligations  is  to  himself :  to 
persevere  in  the  progress  of  self- 
improvement.  High  as  he  is 
already  raised  in  moral  worth,  and 


candour  and  justice,  we  believe 
that  compact  was  conceived,  ma- 
tured  and  accomplished,  in  the 
sincerity  of  his  soul— far  from  be- 
ing  adjudged,  as  it  has  been,  a 


means  of  advancing  in  it,  are  held 
forth  to  him  in  the  gospel. 

His  next  duties  are  to  his  fellow 
men :  to  those  whom  he  only,  of 
all  the  tribes  and  nations  of  the 


bond  to  rivet  the  fetters  of  servitude    earth,  is  bound  by  the  law  of  his 
upon  the  nations  of  the  earth,  it    God  to  consider  as  his  brethren  ; 
accounted,  by  posterity,     as   children    of  the  same  parent, 
st  and  purest  of  his    doomed  like  him  to  a  pilgrimage  of 
probation  here,  but  entitled,  like 

1          fidel  denies  it  in  vain—    himself,  to  look  forward  to  a  more 
J  system  of  ethics,  and  of  re-    joyful  and  glorious  hereafter, 
igion,  promulgated  by  « the  Gali-        His  superior  acquirements  have 
s  raised  the  standard  of    vested  him  with  the  privilege,  and 
•n  power,  as  well  as  of  human    imposed  upon  him  the  obligation  of 
ue,  higher  than   that  of  any    becomingthe  teacher  of  his  less  en- 
Jr  portion  of  the  inhabitants  of    lightened  fellow  creatures;  tomake 
J   globe.      On  the  North    and    them  acquainted  with  the  blessings 
i  American  continents;  inthe    within  their  reach;  andtoleadthem 
ions  of  the  Ethiopian  and    in  the  path  of  their  own   felicity, 
among   the  populous    In  the  performance  of  this  charge, 
Hindostan,  and  the  still    the  first  and  greatest  obstacle  which 
e  ancient  borderers  on  the  wall    he  notv  has  to  encounter,  is  the  in* 
VOL.  III.  35 


'ANNUAL  REGISTER,  1827-8-9. 


posture  of  the  pretended  prophet  of 
Mecca.  As  the  essential  principle 
of  his  faith  is  the  subjugation  of 
others  by  the  sword;  it  is  only  by 
force,  that  his  false  doctrines  can 
be  dispelled,  and  his  power  an- 
nihilated. 

For  this  end,  we  hope  and  believe, 
that  the  gigantic  power  of  Russia 
has  been  maturing  for  a  long  suc- 
cession of  ages.  Many  centuries 
have  elapsed,  since  the  conversion 
of  the  Sclavonian  race  to  the  Chris- 
tian  faith  ;  but  it  is  in  modern  times 
only,  that  they  have  been  number- 
ed among  the  European  families ; 
and  since  the  accession  of  the 
house  of  Romanoff,  or  more  pro- 
perly, since  the  sublime  conceptions 
and  creative  energies  of  Peter  the 
Great,  that  they  have  formed  a 
part  of  the  political  system  of  Eu- 
rope. 

They  have  been  from  time  imme- 
morial, in  a  state  of  almost  perpe- 
tual  war  with  the  Tartars,  and  with 
their  successors,  the  Ottoman  con- 
querors  of  Constantinople.  It  were 
an  idle  waste  of  time,  to  trace  the 
causes  of  each  renewal  of  hostili- 
ties, during  a  succession  of  several 
centuries.  The  precept  of  the  ko- 
ran  is,  perpetual  war  against  all 
who  deny,  that  Mahomet  is  the 
prophet  of  God,  The  vanquished 
may  purchase  their  lives,  by  the 
payment  of  tribute  ;  the  victorious 
may  be  appeased  by  a  false  and 
delusive  promise  of  peace ;  and  the 
faithful  follower  of  the  prophet,  may 


submit  to  the  imperious  necessi- 
ties of  defeat :  but  the  command  to 
propagate  the  Moslem  creed  by  the 
sword  is  always  obligatory,  when 
it  can  be  made  effective.  The 
commands  of  the  prophet  may  be 
performed  alike,  by  fraud,  or  by 
force.  Of  Mahometan  good  faith, 
we  have  had  memorable  examples 
ourselves.  When  our  gallant  De- 
catur  had  chastised  the  pirate  of 
Algiers,  till  he  was  ready  to  re- 
nounce his  claim  of  tribute  from  the 
United  States,  he  signed  a  treaty 
to  that  effect :  but  the  treaty  was 
drawn  up  in  the  Arabic  language, 
as  well  as  in  our  own ;  and  our  ne- 
gotiators, unacquainted  with  the 
language  of  the  koran,  signed  the 
copies  of  the  treaty,  in  both  langua- 
ges, not  imagining  that  there  was 
any  difference  between  them. — 
Within  ayear  the  Dey  demands,  un  • 
der  penalty  of  the  renewal  of  the 
war,  an  idemnity  in  money  for 
the  frigate  taken  by  Decatur ;  our 
Consul  demands  the  foundation  of 
this  pretension  ;  and  the  Arabic 
copy  of  the  treaty,  signed  by  him- 
self is  produced,  with  an  article 
stipulating  the  idemnity,  foisted 
into  it,  in  direct  opposition  to  the 
treaty  as  it  had  been  concluded. 
The  arrival  of  Chauncey,  with  a 
squadron  before  Algiers,  silenced 
the  fraudulent  claim  of  the  Dey, 
and  he  signed  a  new  treaty  in  which 
it  was  abandoned ;  but  he  disdained 
to  conceal  his  intentions ;  my  pow- 
er, said  he,  has  been  wrested  from 


RUSSIA. 


275 


my  hands  ;  draw  ye  the  treaty  at 
your  pleasure,  and  I  will  sign  it ; 
but  beware  of  the  moment,  when  I 
shall  recover  my  power,  for  with 
that  moment,  your  treaty  shall  be 
waste  paper.  He  avowed  what 
they  always  practised,  and  would 
without  scruple  have  practised  him- 
self. 

Such  is  the  spirit,  which  governs 
the  hearts  of  men,  to  whom  treache- 
ry and  violence  are  taught  as  prin- 
ciples of  religion ;  and  such  has 
been  the  uniform  character  of  the 
proceedings  of  the  Ottoman  Porte, 
towards  their  Russian  neighbours. 

That  the  sovereigns  of  Russia, 
since  the  time  of  Peter  the  Great, 
have  occasionally  indulged  the  just, 
and  wise,  and  humane  sentiment, 
that  at  some  future  day  this  exe- 
crable imposture  of  Mahomet,  with 
its  sword,  and  its  koran,  should 
be  expelled  at  least  from  Europe  ; 
and  that  the  principal,  if  not  the 
whole  glory  of  the  achievement, 
was  reserved  for  them,  is  not  to  be 
doubted.  That  this  sentiment  was 
felt  by  Catherine  the  Second,  the 
name  of  Constantine,  given  by  her 
direction  at  the  baptismal  font,  to 
the  second  of  her  grandsons,  was 
received  as  no  insignificant  indi- 
cation at  the  time.  The  guide  post 
in  Crimea,"  this  is  the  road  to  Con- 
stantinople," was  not  less  intelli- 
gible ;  but  this  sentiment  has  been 
far  more  profoundly  spread,  in  the 
heart  of  the  Russian  people,  than 
fa  that  of  their  monarchs.  In  the 


people  it  has  been  u  sentiment  of 
justice,  of  humanity,    of  Christian 
sympathy,     perhaps    of    national 
ambition  :  in  the  imperial  breast,  it 
has  been  shackled  and  trammeled 
by  considerations  of  policy,  by  the 
jealousies    of    envious   and    rival 
Christian  neighbours  ;  perhaps  by 
the  philosophical  spirit  of  the  last 
century,  which,  under  the  fair  and 
virtuous  vizor  of  religious  tolera- 
tion,  harboured   a  deadly   hatred 
to   Christianity,   and  a  secret  de- 
votion    to    the    absurdest  of    all 
dogmas,   the  superstition  of  athe- 
ism.    Indifference   and   contempt 
for  all  religions ;  an  overweening 
conceit   of  their  own  intellectual 
powers,  was  the  characteristic  of 
this  anti-religious  cabal,  of  which 
Voltaire  was  the  founder,  and  Di. 
derot,  D'Alembert,  Buffon,  Hume, 
Gibbon,  and  Frederic  the  Second  of 
Prussia,  were  the  principal  propa- 
gators. Catherine  the  Second,  with- 
out sharing  their  speculative  opin- 
ions, probablywithout  understand, 
ing,    or  believing   their  purposes, 
which  were  the  annihilation  of  all 
religion,  to  substitute  philosophical 
atheism  in  its  place,  gave  too  much 
countenance  to  these  perverters  of 
human  kind.     She    countenanced 
their  doctrines  ;  she  courted  their 
applause  ;   she  flattered  them  with 
her  correspondence  ;  and  she  suf- 
fered  herself  to  be  wheedled,  by  the 
raillery  of  Voltaire,  into  an  opinion 
that,  as  a  philosopher  and  a  sove- 
reign, it  became  her  to  treat  with 


\  ^  \  I  \L  REGISTER,  1827-8-9- 


equal  indifference,  the  religion  of 
Mahomet,  and  that  of  Christ. 

Her  successor,  Alexander,  recei- 
ved from  his  education,   and  was 
adapted  by  his  natural  disposition, 
to  a  profound  impression  of  reli- 
gious obligations  ;  but  the  circum- 
stances of  his  times   diverted  his 
attention,  in  a  great  degree,  from 
the  struggle  of  life  and  death,  in- 
herent in  the  nature  and  composi- 
tion of  the  Russian  and   Ottoman 
dominions.      The  European  rela- 
tions of  Russia,  and  the  wars  con- 
sequent upon  the  French  revolution, 
absorbed  all  the  passions,  and  affec- 
tions, of  the   soul  of  Alexander. 
Once  drawn,  rather  by  combinations 
resulting  from  them,  than  from  the 
direct  position  of  the  two  empires, 
towards  each  other,  into  a  war  with 
the  Sultan ;  he  was  soon  called  from 
it,  to  the  defence  of  his  own  terri- 
tories, against  the  hostile  invasion 
of  Napoleon.     That  eccentric  and 
daring  adventurer,  at  the  negotia- 
tions of  Tilsit,  had  consented  to  the 
eventual  expulsion  of  the  Ottoman 
Porte  from  Europe  by  Russia  ;  but 
his  licentious  and  unbounded  ambi- 
tion, was  alike  incapable  of  restrain- 
ing its  own  excesses,  and  of  abi- 
ding by  its  own  engagements.    He 
repeated  the  attempt,  and  shared 
the  fate  of  Cyrus,  and  of  Charles 
the  Twelfth.  His  stupendous  fabric 
of  conquest,  and  his  air-drawn  em- 
pire of  the  west,  dashed  themselves 
to  atoms,  upon  the  rock  of  Russian 
dominion ;  but  it  relieved  for  the 


time,  the  tottering  edifice  01  lh< 
Turkish  power,  and  wasted  the  life 
of  Alexander,  in  labours  and  cares, 
to  preserve  his  country  and  his 
crown,  from  the  inroads  of  a  modern 
imitator,  and  self  deluded  rival  of 
Charlemagne. 

At  the  moment  of  the  invasion 
of  Russia  by  Napoleon,  Alexander 
found  it  necessary  to  close,  with 
unaccomplished  aims,  the  war 
which  he  had  been  for  three  years 
successfully  waging  against  Tur- 
key :  and  from  the  imminent  danger 
with  which  he  was  then  menaced 
by  the  conqueror  of  Marengo,  and 
Austerlitz,  and  of  Friesland,  the 
terms  of  peace  obtained  by  the 
sultan  were  far  more  favourable, 
than  he  had  any  right  to  expect. 
Had  it  been  possible  for  a  sincere 
and  honest  peace  to  be  maintained 
between  the  Osmanli  and  his  chris* 
tian  neighbours,  then  would  have 
been  the  time  to  establish  it  in  good 
faith.  But  the  treaty  was  no  sooner 
made  than  broken.  It  never  was 
carried  into  effect  by  the  Turkish 
government.  Its  execution  never 
was  intended  by  the  Sultan  The 
power  of  Russia,  after  the  final 
peace  of  Paris  in  1815,  was  so 
preponderant,  that  if  a  ray  of  wis- 
dom could  have  penetrated  the 
walls  of  the  seraglio;  the  perfumed, 
ferocious,  and  voluptuous  succes- 
sor of  the  prophet,  would  have 
seen,  that  his  safety  consisted  in 
his  good  faith,  and  that  falsehood 
to  his  engagements  with  Russia 


RUSSIA. 


217 


could  not  fail  eventually  lo  draw 
down  punishment  upon  himself, 
and  upon  his  people. 

But  in  the  harem  of  Mahmoud, 
there  were  counsellors  who  thought 
themselves  profound,  and  who 
sought  their  own  interest  and  ag- 
grandisement by  flattering  the  pas- 
sions  of  their  master  ;  and  at  the 
entrance  of  the  Sublime  Porte,  in 
the  suburbs  of  Pera,  there  were 
diplomatic  agents  of  the  holy  and 
other  allies  of  Alexander,  busy 
enough  in  stimulating  the  animosi- 
ties, and  encouraging  the  perfidy 
of  the  Turk.  An  overruling  ne- 
cessity, and  events  which  it  was 
not  in  human  virtue  to  control,  had 
made  of  Alexander,  the  most  pacific 
and  least  ambitious  of  men,  a  con- 
queror even  in  Europe ;  and,  at 
the  congress  of  Vienna,  he  had 
experienced,  in  a  secret  league 
against  himself,  worthy  of  the 
weird  sisters,  what  justice  and 
what  gratitude  he  had  to  expect 
from  the  policy  of  his  royal  bro- 
thers of  the  European  alliance. 
By  policy,  and  by  inclination,  he 
was,  for  the  remainder  of  his  days, 
devoted  to  the  maintenance  of 
peace ;  and,  in  the  plenitude  of 
his  power,  he  submitted  to  many 
an  indignity,  and  endured  every 
injustice,  rather  than  put  forth  his 
arm  to  chastise  the  insolence  of 
the  Turk,  and  do  entire  justice  to 
himself  and  his  countiy. 

But  envy  and  jealousy  have  no 
eyes  to  discern,  and  no  heart  to 


appreciate  virtue.  The  forbear- 
ance,  and  long  suffering  magna- 
nimity of  Alexander,  obtained  no 
credit  for  him  in  the  cabinets  of  his 
allies.  While  stimulating  the  coun- 
sels of  the  Ottoman  against  him, 
they  were  conjuring  up  the  spec- 
tres of  jacobinism,  to  alarm  him  for 
the  security  of  the  European  go- 
vernments  at  home  ; — holding  up 
the  venerable  institutions  of  orien- 
tal despotism,  as  entitled  to  all  the 
privileges  of  legitimacy  ;  and  the 
lascivious  and  cruel  religion  of  the 
impostor  Mahomet,  as  a  monument 
consecrated  by  prescriptive  impu- 
nity, and  rescued  from  Christian  re- 
tribution by  the  lapse  of  ages. 

At  two  different  periods,  after  the 
peace  of  Paris,  the  patience  of 
Alexander  was  nearly  exhausted, 
by  the  perverseness  and  prevarica- 
tions of  the  Turkish  government. 
In  1822,  he  had  resolved  to  set 
bounds  to  his  endurance.  Exaspe- 
ted  by  a  persevering  series  of  vio- 
lence and  injustice,  his  ambassa- 
dor, by  his  instruction,  had  left 
Constantinople,  and  the  voice  of 
his  people  was  calling  aloud  for 
war.  At  that  moment,  a  despatch 
was  addressed  by  Lord  Castlereagh, 
to  Sir  Charles  Bagot,  the  British 
ambassador  at  St.  Petersburg,  ex- 
plicitly  acknowledging  the  provo- 
cations, which  had  so  justly  exaspe- 
rated the  mind  of  Alexander,  and 
the  justice  of  any  measures,  which 
he  might  take  to  vindicate  his  own 
honour,  and  the  violated  rights  of 


ANNUAL  REGISTER,  1827-8-9. 


his  nation  ;  but  drawing  an  elabo- 
rate and  terrific  picture  of  the  dan- 
gers  impending  over  the  cause  of 
legitimate  government,  and  social 
order  in  Europe,  and  conjuring  the 
emperor,  in  the  name  of  humanity, 
and  in  mercy  to  the  venerable  in- 
stitutions  so  recently  redeemed  from 
the  ruins  of  revolutionary  Franre, 
to  suspend  his  hand,  and  spare  the 
mouldering  fabric  of  Mahomet, 
which  in  its  fall  must  involve  that 
of  the  feudal  monarchies  of  Europe. 
It  requires  an  effort  of  charity,  to 
believe  that  these  apprehensions 
were  seriously  entertained  by  the 
writer  of  the  despatch,  or  by  the 
cabinet  from  whose  policy  it  ema- 
nated. But  it  was  artfully  address, 
ed  to  the  feelings,  and  we  must  say, 
to  the  prejudices  of  Alexander,  and 
disarmed  him.  He  renewed  the 
long  protracted  chicanery  of  nego- 
tiation with  the  Porte.  He  dismiss- 
ed Capo  d'Istrias  from  his  councils ; 
disavowed  the  invasion  of  Moldavia 
by  Alexander  Ipsilanti ;  discouraged 
and  almost  took  part  against  the 
glorious  declaration  of  Grecian  in- 
dependence, which  auspicated  the 
entrance  of  the  year  1822  ;  and  be- 
held, apparently  without  a  tremor  of 
sympathy,  the  barbarous  butchery 
of  the  patriarch,  and  of  all  the 
Greek  Christians  at  Constantinople, 
perpetrated  by  refinement  of  inso- 
lence, and  outrage  on  the  holiest 
festival  of  the  church, — the  day  con- 
secrated  to  the  commemoration  of 


the  resurrection   of  our  Lord  and 
Saviour  from  the  dead. 

If  ever  insurrection  was  holy  in 
the  eyes  of  God,  such  was  that  of 
the  Greeks  against  their  Mahome- 
tan oppressors.  Yet  for  six  long 
years,  they  were  suffered  to  be 
overwhelmed  by  the  whole  mass  of 
the  Ottoman  power  ;  cheered  only 
by  the  sympathies  of  all  the  civili- 
zed world,  but  without  a  finger 
raised  to  sustain  or  relieve  them  by 
the  Christian  governments  of  Eu- 
rope ;  while  the  sword  of  exter- 
mination, instinct  with  the  spirit  of 
the  Koran,  was  passing  in  merci- 
less horror  over  the  classical  re- 
gions of  Greece,  the  birth-place  of 
philosophy,  of  poetry,  of  eloquence, 
of  all  the  arts  that  embellish,  and 
all  the  sciences  that  dignify  the  hu- 
man character.  The  monarchs  of 
Austria,  of  France,  and  England, 
inflexibly  persisted  in  seeing  in 
the  Greeks,  only  revolted  subjects 
against  a  lawful  sovereign.  The 
ferocious  Turk  eagerly  seized  upon 
this  absurd  concession,  and  while 
sweeping  with  his  besom  of  destruc- 
tion over  the  Grecian  provinces, 
answered  every  insinuation  of  in- 
terest in  behalf  of  that  suffering 
people,  by  assertions  of  the  unqua. 
lifted  rights  of  sovereignty,  and  by 
triumphantly  retorting  upon  the  le- 
gitimates of  Europe,  the  conse- 
quences naturally  flowing  from 
their  own  perverted  maxims. 

Year  after    year  thus    passed 


RUSSIA. 


219 


away,  the  Greeks  still  maintaining 
their  cause,  amidst  every  discou- 
ragement, and  against  the  whole 
force  of  the  Sultan,  who  returned 
with  insult,  the  forbearance  of  Alex- 
ander, and  set  at  defiance,  not  only 
every  sentiment  of  compassion  for 
the  Greeks,  but  all  the  stipulations 
of  the  treaty  of  Bucharest. 

With  the  close  of  the  year  1825, 
was  closed  the  mortal  career  of  the 
Emperor  Alexander.  The  thread 
of  his  life  had  been  of  a  mingled 
yarn,  full  of  calamity,  and  full  of 
glory.  The  holy  synod  of  his 
church,  at  the  period  of  the  national 
deliverance  from  the  invasion  of 
Napoleon,  had  solemnly  conferred 
upon  Alexander,  the  title  of  the 
blessed,  which  his  native  good  sense, 
and  sincere  humility,  prompted  him 
instantly  to  decline.  Yet  if  virtu- 
ous intentions,  a  profound  sense  of 
the  duties  imposed  on  him  by  the 
station  to  which  he  believed  God 
had  assigned  him,  and  the  ex- 
ercise of  sovereign  powers,  in  mo- 
deration and  mercy,  could  confer 
benediction,  he  was  blessed.  It 
was  his  fortune  to  encounter  and 
survive  a  series  of  the  severest  tri- 
als, that  ever  befell  the  lot  of  man  ; 
and  although  not  exempt  from  the 
frailties  of  our  common  nature,  the 
benevolence  towards  man,  which 
had  been  taught  him,  as  a  Christian, 
and  the  deep  sense  of  his  depen- 
dence upon  a  being  mightier  than 
himself,  never  deserted  him. 

By  a  series  of  events  so  extra- 


ordinary, that  piety,  unmingled  with 
superstition,  might  be  justified  in 
believing  them  ordered  by  the  spe- 
cial dispensation  of  Providence,  he 
was  succeeded  by  his  brother,  not 
the  next  in  birth,  but  the  second  from 
himself.  It  was  not  Constantine, 
though  predestinated  by  Catharine 
from  his  birth,  to  unfold  the  Russian 
banner  on  the  re-consecrated  walls 
of  St.  Sophia.  It  was  not  Con- 
stantine, the  Czarowitz,  predestina- 
ted by  Paul,  to  be  his  own  immedi- 
ate successor.  The  heart  of  Con- 
stantine, formed  for  other  joys,  and 
destined  to  other  rewards  than  those 
of  ambition,  had  impelled  him,  even 
before  the  decease  of  Alexander, 
to  renounce  his  pretensions  to  the 
Russian  throne  ;  and  although  upon 
that  event,  Nicholas,  instead  of 
availing  himself  of  the  renunciation 
of  his  brother,  to  grasp  at  the  un- 
handed sceptre,  had  been  the  first 
to  bind  himself  by  the  oath  of  alle- 
giance  ;  Constantine  had  inflexibly 
persisted  in  his  renunciation,  and 
Nicholas,  at  the  age  of  thirty,  be- 
came suddenly,  and  almost  as  by  a 
miracle,  the  monarch  of  fifty  mil- 
lions of  his  fellow  men. 

This  accession  to  the  throne  was 
signalized  by  a  military  insurrec- 
tion, immediately  suppressed  by  his 
personal  energy  and  presence  of 
mind,  though  connected  with  a 
formidable  conspiracy,  organized 
against  his  predecessor,  but  of 
which  the  whole  family  of  Roma- 
noff were  the  destined  victims.  It 


28U 


ANNUAL  REGISTER,  1827-8-9. 


seemed  as  if  a  great  convulsion  of 
the  moral  and  political  elements  of 
the  empire,  had  been  prepared  for 
the  moment  when  the  crown  de- 
scended upon  his  head,  as  a  trial, 
by  the  will  of  Providence,  of  the 
firmness  and  vigour  with  which  he 
was  to  wield  the  sceptre  intrusted 
to  his  hands.  Victorious  over  the 
rebels  of  his  army,  the  most  con- 
spicuous of  his  qualities  was  the 
tenderness  with  which  he  spared 
the  revolters,  and  the  abhorrence 
which  he  manifested  to  the  useless 
shedding  of  blood.  "  They  shall 
make  me  neither  tyrant  nor  cow- 
ard," was  the  memorable  declara- 
tion which  accompanied  the  pardon 
of  multitudes  condemned  to  death  ; 
and  it  was  the  earnest  of  a  reign 
destined  with  the  blessing  of  Hea- 
ven to  a  career  of  glory,  which  a 
mere  triumph  over  internal  commo- 
tions never  can  confer. 

Scarcely  was  the  tranquillity  of 
his  empire  restored,  when  he  was 
called  to  the  defence  of  his  territo- 
ries, against  a  Mahometan  Persian 
invasion. 

The  first  volume  of  this  work, 
contains  a  narrative  of  the  origin 
of  this  war,  and  its  progress  until 
the  close  of  the  year  1826. 

The  campaign  of  1827  com- 
menced by  the  siege  of  Erivan, 
between  the  lake  of  that  name  and 
the  Araxes,  first  undertaken  by 
general  Boukendorf  in  April,  and 
afterwards  sustained  by  General 
Paskewitch,  commander  in  chief  of 


the  Russian  army.  The  place  was 
well  defended,  not  only  by  a  strong 
garrison,  and  magazines  well  stor- 
ed, but  by  the  unhealthiness  of  the 
climate,  which,  as  the  summer  was 
advancing,  began  to  manifest  itself 
by  sickness,  more  formidable  to 
the  Russian  army  than  the  sword 
of  the  Persian.  At  the  end  of  June 
general  Paskewitch  thought  it  pru- 
dent to  raise  the  siege  of  Erivan. 
even  at  the  sacrifice  of  part  of  his 
military  stores  ;  but  he  soon  after- 
wards undertook  the  siege  of  Ab- 
bas Abad,  a  more  important  for- 
tress, also  upon  the  Araxes.  The 
Persian  army,  under  the  command 
of  Abbas  Mirza  in  person,  advanced 
to  the  relief  of  this  place  ;  and 
General  Paskewitch,  crossing  the 
Araxes  with  his  troops,  attacked  and 
routed  them  in  their  position  near 
Djevan  Boulak.  The  resistance 
made  by  the  Persian  army  was  in 
no  wise  proportionate  to  the  num. 
hers  engaged  in  the  conflict.  Their 
loss  in  slain  and  prisoners  did  not 
exceed  five  hundred  men.  But 
two  days  afterwards  Abbas  Abad 
surrendered.  On  the  29th  of  Au- 
gust a  more  obstinately  contested 
action  was  fought  between  two 
large  detachments  from  the  respec- 
tive armies,  one  under  the  com- 
mand of  Abbas  Mirza,  and  the 
other  under  that  of  general  Kras- 
sousky.  Abbas  Mirza,  after  failing 
to  intercept  a  Russian  convoy  of 
battering  artillery  under  General 
Sipiaguine,  which  had  been  sen* 


RUSSIA. 


to  reinforce  general  Krassousky  at 
Djanghih,  undertook  the  siege  of 
Etchmiazine,  where  the  sick  of  the 
Russian  army  had  been  left.     It 
was  in  marching  to  the  relief  of 
this  place  that  general  Krassousky 
encountered  the  detachment  of  the 
Persians  under  Abbas  Mirza.   The 
Russians  made  good  their  way  to 
Etchmiazine,  but  with  the  loss  of 
part  of  their  baggage,  and  of  be- 
tween  twelve  and  fifteen  hundred 
men  killed  and  wounded,  and  some 
prisoners.     The  loss  of  the  Per. 
sians  was  nearly  double  that  num. 
ber ;  and  the  remaining  fragment 
of  the  detachment  abandoned  their 
works  before  Etchmiazine,  and  re- 
gained  the  main  body  of  the  army. 
General  Paskewitch  now,  on  the 
approach  of  winter,  determined  to 
resume  the  siege  of  Erivan.     On 
his  way  he  took  possession  of  the 
fortress  of  Sardor  Abad,  garrisoned 
by  fifteen  hundred  men,  under  the 
command  of  Hassan  Khan.     After 
Sending  a  flag  of  truce  to  solicit  an 
armistice  of  three  days,  which  was 
refused,  Hassan  Khan   decamped 
with  his  garrison,  and  being  pur- 
sued  by  the  Russians,  lost  five  hun- 
dred men  killed,  and  two  hundred 
left  as  prisoners  in  their  flight. 

On  the  6th  of  October,  General 
Paskewitch  appeared  before  the 
walls  of  Erivan,  and  the  trenches 
were  opened  on  the  night  of  the 
following  day.  On  the  19th,  the 
Russian  imperial  guard  having 
VOL.  Ill, 


mounted  the  breach,  the  garrison 
suddenly  laid  down  their  arms,  and 
surrendered  prisoners  of  war. 

The  surrender  of  Erivan  was  a 
few  days  after,  succeeded  by  that  of 
Tauris,  hastened  by  the  insurrec- 
tion  of  the  populace,  and  the  de- 
fection  of  the   Sarbasian    troops, 
which  had  driven  Abbas  Mirza  to 
such  desperation,  that  he  had  caused 
his  magazines  of  provisions   and 
ammunition  to  be  destroyed,  and 
his  artillery  to  be  carried  away. 
These  measures  so  exasperated  the 
people  of  Tauris,  that  up6n  the 
disbanding  the   Sarbasian  troops, 
the   palace  of  Abbas  Mirza   was 
pillaged  by  the  populace,  and  the 
inhabitants  of  the  city,  preceded  by 
their  Imauns,  went  forth  to  receive 
the  Russian  troops  as  their  deli- 
verersf. 

Soon  after  the  surrender  of  Tau . 
ris,  a  negotiation   for  peace  was 
commenced  by  Abbas  Mirza,  who 
sent  his  caimacan  to  the  head  quar- 
ters of  general  Paskewitch,  %vith 
full  powers  to  that  effect.      The 
treaty  was  soon  concluded,  and  re- 
ceived  the  sanction  of  the  prince, 
It  was  transmitted  to  Teheran  foe 
the  ratification  of  the  Schah.  With 
that  infatuated  and  faltering  imbe* 
cility,  the  usual  indication  of  falling 
empires,  he  declared  his  assent  to 
its  articles,  despatched  a  part  of 
the  stipulated  indemnity  for  Taurus, 
and  then  withheld  the  ratification 
he  had  promised,  and  sent  Mirza 
36 


282 


ANNUAL  REGISTER,  1827-8-9. 


Abad  Hassan  Khan  as   a  special 
plenipotentiary  to  the  Russian  ge- 
neral, to  declare,  that,  unless  the 
Russian  array  should  withdraw  to 
the  left  bank  of  the  Araxes,  and 
evacuate  the  province  of  Adhex- 
bidjan,  the   Schah   would   neither 
pay  the  indemnity,  nor  ratify  the 
treaty,  the  conditions  of  which  he 
had  accepted.     The  absurdity  of 
this  attempt  of  the  Schah  to  have 
the   appearance  of   dictating   the 
terms,  to  which  he  had  been  com- 
pelled  to  subscribe,  was  not  less 
remarkable  than  its  bad  faith.   The 
Russian  general  had  stipulated  by 
the  treaty,  to  do,  upon  its  ratifica- 
tion, that  which  the  Schah  now  re- 
quired  as  a  preliminary  condition. 
Had  the   position  of  the   parties 
been  reversed,   and  the    Russian 
general  been  receiving  the  law  af- 
ter   irretrievable    defeat,   such    a 
change  of  preliminaries  after  agree- 
ing to  them,  would  have  been  OH 
act  of  perfidy,  which  power  might 
have  protected  from  punishment ; 
but  to  the  declaration  of  the  pleni- 
potentiary Hassan  Khan,  general 
Paskewitch  could  return  no  other 
answer  than  that  the  conferences 
were  at  an  end,  and  that  hostilities 
would  immediately  recommence. 

They  were  accordingly  recom- 
menced,  and  in  the  midst  of  winter 
Major  General  Paukratieff,  on  the 
right  bank  of  the  Araxes,  took  pos- 
session without  resistance  of  the 
town  of  Ourmior,  the  27th  of  Janu- 
ary 1828  ;  and  Lieutenant  General 
Suchtelen  on  the  left  bank,  did  but 


appear  before  the  fortress  ot'  Aida* 
bil,  the  strongest  place  in  Azerbid- 
jan,  when  the  gates  were  opened  to 
him  on  the  7th  February,  by  the 
Persian  governor.     In  the  mean 
time,  the  senses  of  the  Schah  had 
returned  to  him,  and  foreseeing  the 
consequences  of  his  own  folly  in 
rejecting  the  terms,  which  the  mo- 
deration  of  the  conqueror  had  grant- 
ed ;  he  sent  immediately  to  Gene- 
ral Paskewitch,  the  assurance  of  his 
earnest  desire  for  the  conclusion  of 
peace,  and  promised  the  immediate 
remittance  of  the  stipulated  pecu- 
niary  indemnity,  half  of  which  had 
already  arrived  at    Miana.      He 
transmitted,  at  the  same  time,  to 
Abbas  Mirza,  plenary  powers  for 
the  conclusion  of  the  treaty.    The 
peace  was  accordingly  concluded 
at  the  village  of  Tourkmontchai, 
on  the  22d  of  February  1828,  by 
General  Paskewitch,  and  the  coun- 
sellor of  state,  Alexander  Obrescoff, 
on    the    part  of  Russia;  and    by 
Prince  Abbas  Mirza  on  the  part  of 
Persia. 

By  this  treaty,  that  of  Gulistan 
was  expressly  superseded:  the  Per- 
sian Schah  ceded  to  Russia,  the 
Khanot  of  Erivan,  on  both  banks  of 
the  Araxes,  and  the  Khanot  of 
Nakitchevan  :  a  new  line  of  boun- 
dary, following  the  summit  of  moun- 
tains and  the  course  of  a  large  ri- 
ver, gave  to  Russia  all  the  waters 
flowing  from  those  mountains,  into 
the  Caspian  sea,  leaving  to  Persia 
the  descent  of  the  mountains,  and 
the  waters  flowing  on  the  opposite 


KU331A. 


sides  :  an  exception  was  made  for 
the  fortress  of  Abbas  Abad,  on  the 
right  bank  of  the  Araxes,with  which 
a  radius  of  a  half  agatch  or  3| 
wersts  of  territory  in  all  directions, 
remained    exclusively  to   Russia. 
All  the  countries  and  islands  situ- 
ated  between  this  line  of  boundary 
on  one  side,  and  the  summits  of  the 
mountains  of    Caucasus   and    the 
Caspian  sea,  with  the  wandering 
tribes  and  others  inhabiting  those 
countries,  were  acknowledged  as 
belonging  to  Russia.      A  sum  of 
twenty  millions   of   silver  rubles 
was  stipulated  to  be  paid,  as  a  pe- 
cuniary indemnity  to  Russia,  for 
the  losses  and  damages  of  her  sub- 
jects,  sustained  by  the  war.     On 
his  part,  the  Emperor  Nicholas  en- 
gaged  to  acknowledge  Prince  Ab- 
bas Mirza,  as  the  successor  desig- 
nated by  the  Schah,  and  presump- 
tive  heir  of  the  crown.     The  navi- 
gation   of   the   Caspian   sea,   for 
comercial  purposes,  was  recognised 
as  belonging  to  both  nations ;   but 
the  right  of  navigating  it  with  ships 
of  war,  was  exclusively  reserved  to 
Russia.   A  separate  act  annexed  to 
the  treaty,  regulated  the-  commer- 
cial  relations  between  the  two  coun. 
tries.     The  mutual  liberty  of  the 
parties,  to  maintain  consuls  within 
the  dominions  of  each  other,  was 
modified  by  the  engagement,  that 
the  Russian    consuls    in    Persia, 
should  not  have  a  suite  of  more  than 
ten  persons ;  and,  that  in  the  event 
of  anv   complaint,    well   founded 


against  them  by  the  Persian  go- 
vernment,  their  functions  shall  be 
suspended,  by  the  Russian  minister 
or  charge  d'affaires  at  the  Persian 
court,  and  transferred  provisionally, 
to  any  othgr  person  whom  he  should 
think  proper.  All  commercial  trans, 
actions  between  the   subjects    of 
the  parties  suspended  by  the  war, 
were  agreed  to  be  resumed,  and 
completed  conformably  to  justice. 
After  the  conclusion  of  the  peace, 
all  debts  and  credits,  whether  be- 
tween  individuals,  or  due  from  the 
respective  governments,  were  to  be 
speedily  and  entirely  liquidated.  A 
term  of  three  years  was  allowed, 
for  the  respective  subjects  of  both 
Empires  to  sell  their  immoveables, 
or  to  exchange  them,  on  both  banks 
of  the  Araxes.     But  the  Emperor 
of  Russia  excepted  from  the  bene- 
fit  of  this  stipulation  the  former  Sar- 
dar  of  Erivan,  Houssein  Khan,  his 
brother  Hassan  Khan,  and  Kerine 
Khan,  former   governor  of  Nak- 
hitchevan.     The  prisoners  of  war 
on  both  sides  were  to  be  restored 
within  four  months  ;  but  any  such 
as  might  not  be  recovered  within 
that  time,  might  be   reclaimed  at 
any  time  afterwards.     Deserters 
from  either  side,  before  or  during 
the  war,  were  not  to  be  delivered 
up  ;  but  each  party  reserved  to  it. 
self  the  right  of  prohibiting  the  resi- 
dence in  the  ceded  territories,  of 
individuals  of  distinction,  who  might 
be  pointed  out  by  the  other  as  dan- 
gerous, or  obnoxious.    A  full  and 


ANNUAL  REGISTER,  1S27-S-9. 


(entire 'amnesty  was  stipulated  by 
the  Schah,  to  all  public  officers  and 
other  inhabitants  of  the  Province  of 
Adzerbaidjan.  No  one  was  to  be 
prosecuted  or  molested  for  his  opi- 
nions, acts  or  conduct,  during  the 
war,  or  while  the  province  was  oc- 
pupied  by  the  Russian  troops.  A 
year  was  to  be  allowed  them  to  re- 
move with  their  families,  into  the 
Russian  territories,  and  to  export 
or  sell  their  moveable  goods,  and 
a  term  of  five  years  for  the  sale  of 
their  immoveables.  There  was  an 
Exception  with  regard  to  any  per- 
sons, who  within  the  year  might  be 
guilty  of  any  offence  punishable  by 
law. 

In  the  manifesto  of  the  Emperor 
Nicholas,  proclaiming  the  treaty, 
he  says — 

'«Our  object  was  to  secure  to  the 
empire,  a  strong  and  natural  bar- 
rier on  the  side  of  Persia  ;  to  obtain 
a  complete  indemnity  for  all  the 
losses  occasioned  by  the  war,  and 
thus  to  discard  all  the  causes  which 
might  lead  to  new  hostilities.    For 
us,  one  of  the  principal  results  of 
this  peace,  consists  in  the  security 
which  it  warrants  to  a  part  of  our 
frontiers.     It    is    in   this   respect 
alone  that  we  perceive  the  useful- 
ness, of  the  new  territories  acqui- 
red by  Russia.     Every  thing  not 
adapted  to  that  end,  in  our  con- 
quests, has  by  our  order,  been  re- 
stored immediately  on  the  fulfilment 
of  the  conditions  of  the  treaty. 
:;  Other     essential     advantages 


flow  from  the  stipulations  in  favour 
of  commerce,  of  which  we  always 
consider  the  free  enlargement,  as 
one  of  the  most  productive  causes 
of  industry  and  of  labour,  and  at 
the  same  time,  as  the  true  guaranty 
of  a  solid  peace,  founded  upon  an 
entire  reciprocity  of  wants  and  in- 
terests." 

"  To  him  who  rules  the  destinies 
of  empires,  belongs  the  humble 
tribute  of  our  profound  gratitude  ; 
let  all  our  dear  and  faithful  subjects, 
beholding  the  signal  marks,  and 
the  favour  and  protection  of  the 
Most  High,  in  the  events  of  this 
war,  and  in  its  happy  conclusion, 
bring  to  his  altar  their  most  fer- 
vent prayers,  that  this  peace,  the 
work  of  Providence,  may  be  firm 
and  lasting,  and  that  his  holy  will 
may  assist  us  in  maintaining  re- 
pose and  tranquillity  upon  our  bor- 
ders." 

The  spirit  and  temper  of  this 
proclamation  is  not  the  least  glo- 
rious of  the  triumphs,  which  crown- 
ed the  termination  of  the  Persian 
war.  We  now  pass  to  scenes  of 
deeper  interest,  a  more  arduous 
struggle,  and  more  momentous  con- 
sequences. 

In  closing  this  chapter,  it  will  be 
proper  to  mention,  that  during  the 
war  between  Russia  and  the  Porte, 
the  pacific  relations  so  recently  re- 
stored between  Russia  and  Persia, 
remained  uninterrupted ;  though 
shortly  after  their  renewal,  an  in- 
cident  occured.  which  might  easily 


RUSSIA. 


285 


have  rekindled  the  flame  of  war. 
On  the  12th  of  February,  the  Rus- 
sian minister  at  Scheran,  with  all 
the  members  of  his  legation  ex- 
cepting  the  first  secretary  of  lega- 
tion, Malzoff,  and  three  others, 
were  murdered  in  his  house  by  a 
sudden  popular  commotion,  excited 
by  a  quarrel  between  some  of  his 
servants,  and  some  of  the  inhabi- 
tants  of  the  city.  To  atone  for 
this  disaster,  the  Shah  sent  one  of 
his  own  grandsons,  prince  Khos- 
rew  Mirza,  son  of  Abba  Mirza,  in 
solemn  embassy  to  St.  Petersburg, 
where,  on  the  22d  of  August,  he 


was  received  in  state,  by  the  Em- 
peror  Nicholas,  and  addressed  to 
him  a  speech  expressing  the  deep 
abhorrence  felt  by  his  grandfather, 
of  this  oijtrage  upon  the  laws  of 
nations,  in  the  person  of  the  Rus. 
sian  minister.  The  speech  was 
delivered  in  the  Persian  language, 
and  a  translation  of  it  in  Russian, 
was  read  to  the  Emperor ;  whose 
vice  chancellor,  count  Messelrode, 
in  his  name  and  presence,  read  in 
Russian,  a  suitable  and  gracious 
answer,  which  was  immediately 
interpreted  to  the  ambassador  in 
his  own  language. 


CHAPTER  XX. 


RUSSIA  AND  TURKEY — NEGOTIATIONS. 

Conferences  at  Aclcerman — Mediation  for  Greece — Treaty  of  London  of 
6th  July,  1827 — Treaty  of  Ackerman — Battle  of  Navarino — Conduct 
and  policy  of  the  Sultan — Manifesto  of  Russia  declaring  war — Con- 
duct of  the  British  Cabinet — Manifesto  of  the  Sublime  Porte — The  two 
Manifestoes  compared. 


IT  has  been  stated,  that  at  the 
time  when  the  mortal  career  of 
the  late  emperor  Alexander  was 
immaturely,  if  not  prematurely, 
arrested  at  Taganrog,  his  for- 
bearance*,  and  deference  to  the 
jealous  policy  of  his  European 
allies  were  exhausted.  Long 
enough  had  he  closed  his  ears 
against  the  cry  of  oppression 
endured  by  the  Christian  sufferers 
of  Greece.  Long  enough  had  he 
borne  the  insolent  prevarications 
of  the  Turk,  in  violation  of  the 
rights  of  his  Russian  subjects,  and 
in  contempt  of  the  faith  of  treaties. 
He  had  determined-  to  take  the 
cause  of  justice  into  his  own  hands ; 
and  in  preparing  a  lesson  of  chas- 
tisement for  the  Turk,  he  found 
himself  necessarily  drawn  to  the 
policy  of  associating  the  cause  of 
Greece  with  his  own.  The  cabi- 
nets of  his  allies  were  not  unin- 
formed of  this  his  determination. 


They  became  alarmed,  not  only  for 
the  fate  of  the  Ottoman  empire, 
but  for  the  inevitable  prospect  that 
the  pacification  of  Greece  would 
fall  exclusively  into  the  hands  of 
Alexander.  The  Greeks  them- 
selves,  in  their  desperate  and  un- 
friended conflict,  had  implored  the 
interposition  of  the  French  and  Bri- 
tish governments,  to  rescue  them 
from  total  and  impending  destruc. 
tion.  Until  the  death  of  Alexander, 
they  had  implored  in  vain.  At  the 
accession  of  Nicholas,  those  cabi- 
nets were  fearful  that  he  might  at 
once  adopt  a  more  decisive  policy } 
to  which  he  was  prompted  by  the 
undisguised  wishes  of  his  people, 
and  by  those  indications  of  a  rest- 
less and  turbulent  spirit  in  the 
army,  disclosed  by  the  conspiracy 
recently  organized  against  his  pre- 
decessor. 

Immediately  after  his  accession, 
the  emperor  Nicholas  had  informed 


RUSSIA. 


the  Russian   ministers  at  all  the 
European  courts,  that   he  should 
Continue  the  general  course  of  po- 
licy, which  had  been  established 
and  pursued  by  his  brother.    Con. 
ferences    were    soon     afterwards 
opened  at  Ackerman,  for  the   ad- 
justment of  the  differences  between 
the  Russian  government  and  the 
Porte  ;  and  the  duke  of  Wellington 
was   sent  by  the   British  govern- 
ment on  a  special  embassy  to  St. 
Petersburg,  ostensibly  to   compli- 
ment the  emperor  Nicholas  upon 
his  accession  to  the  throne  ;  but  in 
substance  to  press  upon  the  Rus- 
sian government  the  importance  to 
the  general  peace  of  Europe,  of  the 
preservation  of  the  Russian  peace 
with  the  Porte,  and  to  come  to  an 
understanding  upon  the  terms,  on 
which  the  leading  Christian  powers 
of  Europe  should  interpose  in  the 
affairs  of  Greece.     This  was  set- 
tled  by  the   protocol   of  the   4th 
April,  1826,  signed  by  the  Duke  of 
Wellington  for  Great  Britain,  and 
by  Prince  Lieven  and  Count  Nes- 
selrode  on  the  part  of  Russia.  The 
substance  of  this  arrangement  is 
given  in  the  second  volume  of  this 
work,*  as  well  as  the  course  of  nei 
gotiations  under  it,  until  it  was  ma- 
tured into  the  treaty  of  London  of 
6th  July,  1827,  and  the  subsequent 
destruction  of  the  Turkish  fleet  at 
Navarino  on  the  succeeding  20th 
of  October,  by  the  combined  squad- 
rons of  Great  Britain,  France  and 
Russia,  the  parties  to  that  treaty. 


In  the  meanderings  of  the  hu- 
man heart,  and  in  the  labyrinth  of 
state  policy,  may  be  found  the  clue 
to  this  protocol  of  4th  April,  1826, 
matured  into  the  treaty  of  6th  July, 
1827.     It  was  an  anomaly  in  di- 
plomacy ;  a  triple  alliance  against 
one  of  the  parties  to  it.    A  bargain 
by  which,  under  the  ostensible  pre- 
tence of  interposing  to  re-establish 
peace  between  the  Ottoman  Porte 
and  the  people  of  Greece,  Great 
Britain  and  France  intended  to  tie 
the  hands  of  Russia,  and  thus  pre- 
vent her  from  emancipating  Greece 
entirely  from  the  thraldom  of  Turk- 
ish oppression.     To  this  treaty  the 
ministers  of  the  emperor  Nicholas 
subscribed.    The  sovereign  of  Rus- 
sia suffered  his  hands  to  be  bound, 
as  the  hands  of  Samson  wtre  bound 
by  the  Philistines,  because  they  had 
discovered  the  secret  of  his  strength. 
We  do  not  mean  to  scrutinize  this 
masterpiece  of  European  cabinet 
policy;  but  we  must  say,  that  as 
respected  the  Greeks,  the  principle 
of  the  compact  was  unsound  and 
unjust.     We  say  this,  because  we 
believe  that  it  never  will  and  never 
can  be  carried  into  effect.     We 
say  this,  because  the  same  prin* 
ciple  has  been  perseveringly  pur- 
sued in  the  protocol  of  the  22d  of 
March,  1829,  when,  if  the  Sultan 
had  ever  been  entitled  to  the  bene- 
fit of  it,  he  had  forfeited  all  claim 
to  it  by  his  repeated  rejection  of 
the  allied  mediation  till  after  the 
battle  of  Navarino,  and  after  com-- 


*  Vide  2nd  vol.  page  422. 


RUSSIA. 


raencing  the  war  against  Russia, 
The  Greeks  accepted  this  media- 
tion of  the  allied  powers.  What 
else  could  they  do  ?  It  was  their 
only  alternative  from  total  destruc- 
tion. The  Sultan  too,  when  the 
Russians  had  dictated  to  him  their 
terms  of  peace  at  the  gates  of  Con- 
stantinople,  has  accepted  this  joint 
mediation.  And  now  that  they  are 
all  bound  to  the  basis  of  the  proto- 
col of  22d  March,  1829,  they  are 
finding,  or  will  find  it,  totally  im- 
practicable  of  execution. 

The  principle  of  the  protocols, 
and  of  the  treaty  of  the  6th  July, 
1827,  was,  that  the  Greeks  were  a 
people  in  revolt  against  their  law- 
ful  sovereign.  The  principle  of  the 
allied  interposition  was,  that  the 
Greeks  should  be  rescued  from  de- 
struction ;  partly  rescued  from  Ot- 
toman oppression  ;  but  punished  as 
a  revolted  people  ; — punished  by 
perpetual  tribute  to  the  tyrants,  from 
whose  dominions  they  were  to  be 
delivered.  We  say,  that  this  prin- 
ciple  never  can  be  carried  into  ef- 
fect ;  and  it  is  more  in  sorrow  than 
in  anger,  that  we  add  our  convic- 
tion,  that  the  responsible  party,  for 
the  introduction  of  the  principle,  is 
Great  Britain.  That  a  prince,  like 
the  Emperor  Nicholas,  born  and 
educated  under  the  opinions  and 
prejudices  of  an  absolute  monarchy, 
should  too  readily  assent  to  the  prin- 
ciples, that  nations  have  no  primi- 
tive rights  ;  that  passive  obedience 
is  under  all  possible  circumstances 

VOL.  III. 


the  duty  of  the  subject ;  and  that  all 
resistance  of  a  people  against  their 
government  is,  and  must  be  pu- 
nishable rebellion,  however  painful 
to  philosophy^  and  philanthropy, 
and  however  lamented  by  us,  can- 
not be  surprising.  While  we  love 
to  indulge  the  hope  and  belief, 
that  he  is  destined  to  accomplish 
great  and  beneficent  purposes  of 
providence  ;  and  that  he  will  yet  rise 
superior  to  that  monarchical  pre- 
judice, we  acknowledge  that  his  ad- 
hesion to  it,  imports  neither  absur- 
dity nor  inconsistency  in  him*  But 
this  is  not  the  doctrine  of  the  Bri- 
tish constitution ;  nor  is  it  a  doc- 
trine worthy  of  a  British  statesman. 
The  Duke  of  Wellington  once  un- 
dertook, in  the  face  of  civilized 
man,  to  give  a  moral  lecture  to  the 
French  nation.  Let  him  learn, 
himself,  that  his  laurels  will  wear 
far  greener  in  the  eyes  of  future 
ages,  for  his  homage,  reluctant  and 
late  as  it  was  extorted  from  him,  to 
the  rights  of  human  kind,  in  his 
concessions  to  the  Catholics  of  Ire- 
land ;  than  in  his  cold  and  heartless 
policy  of  dooming  the  Christian 
Greeks  to  groan  under  the  burden 
of  perpetual  tribute  to  their  oppres- 
sors, even  by  the  act  of  extending 
the  hand  to  deliver  them  from  the 
oppressor.  The  Greek  revolution 
was  provoked  not  by  single  acts, 
nor  by  single  years,  nay,  nor  by 
single  centuries  of  tyranny ;  but  by 
the  unremitting  and  merciless 
scourge  of  three  hundred  years. 
37 


29U 


AM N UAL  REGISTER,  1827-8-9. 


The  condition  of  the  Catholics  of 
Ireland,  before  the  late  concession 
of  tardy  justice  to  their  claims,  was 
yet  a  condition  of  ease  and  com- 
fort, in  comparison  with  the  condi- 
tion of  the  Catholics  of  Greece, 
under  the  harrow  of  the  Ottoman 
Koran.     The  settled,  irrepressible, 
inextinguishable   voice    of  public 
opinion,  sounding,  like  the  trump  of 
God  upon  Sinai,  louder  and  louder, 
till  it  appalled  the  hearts  of  heroes, 
burst  asunder  the  bars  of  intole- 
rance which  excluded  the  Irish  Ca- 
tholics from   their  rights  ;  and  the 
Duke  of  Wellington  himself  may 
thank  his  fortune,  for   the  fairest 
wreath  of  his  fame,  as  the  first  to 
open  to  the  country  of  his  nativity, 
the  doors  of  religious  freedom.    It 
had  been  barred  against  them  by 
tyrannic  laws,  extended  even  to. the 
coronation  oath  of  the  British  kings. 
The  right  of  the  Irish  Catholics,  was 
paramount  to  these.     It  was  the 
primitive,  imperishable,  unaliena- 
ble  right  of  worshipping  God,  ac- 
cording to  the  dictates  of  their  own 
consciences,  without  encroaching 
upon  the  same  right  in  others.    To 
that  right  the  Duke  of  Wellington 
himself  sacrificed   his  policy  and 
his  prejudices,  in  his  concession  to 
the    Catholics    of   Ireland.     And 
more   honourable   would    it  have 
been  for  him,  and  for  the  cabinet 
which   he    represented    in  April, 
1826,  at  Petersburgh,  if,  in  yielding 
to  the  call  for  succour  from  the 
Greeks,  they  had  remembered  the 
principles  of  their  own  revolution 


of  1688  ;  and  represented  to  them- 
selves, what  would  have  been  the 
temper  and  conduct  of  the  British 
nation,  if  as  a  price  for  recognising 
the  house  of  Hanover  as  kings  of 
Great  Britain  ;  France,  and  Russia, 
and  Austria  should  have  combined 
to  impose  upon  the  British  nation, 
a  perpetual  tribute  to  the  discarded 
family  of  Stuart. 

To  the  protocol  of  the  4th  of 
April,  1826,  Great  Britain  and 
Russia  only  were  parties.  In  the 
treaty  of  the  6th  of  July,  1827, 
France  likewise  concurred.  In 
the  mean  time,  a  momentary  adjust- 
ment of  the  differences  between 
Russia  and  the  Porte,  had  been 
effected,  by  the  treaty  of  Acker- 
man,  signed  on  the  25th  of  Sep- 
tember, 1826,  together  with  two 
separate  acts,  given  in  the  preced- 
ing volume  of  this  work. 

The  treaties  of  Ackerman  were 
little  more  than  new  engagements 
for  the  fulfilment  of  previous  trea- 
ties and  promises  on  the  part  of 
the  Turks.  The  first  article  of 
the  convention  expressly  declares, 
that  its  sole  object  is  to  serve  for 
the  determination  of  the  precise 
sense,  and  to  corroborate  the  tenor 
of  the  treaty  of  Bucharest.  The 
second  article  provides  for  the  exe- 
cution of  an  arrangement  agreed 
upon  between  the  ministers  of  the 
Porte  and  the  Russian  envoy  at 
Constantinople,  on  the  21st  of  Au- 
gust, 1817,  modifying  the  4th  ar- 
ticle  of  the  treaty  of  Bucharest,  in 
relation  to  the  great  island  of  the 


RUSiSI\. 


Danube,  opposite  to  Ismali  and 
Keli.  The  third  article  of  the  con- 
vention,  and  the  separate  act  con- 
cerning Moldavia  and  Wallachia, 
contain  stipulations  merely  confir- 
mative of  the  fifth  article  of  the 
treaty  of  Bucharest,  and  the  Hatti 
Sheriff  of  the  Sultan,  in  1802,  spe- 
cifying  and  guarantying  the  pri- 
vileges of  the  inhabitants  of  those 
provinces.  The  fourth  article,  re- 
fers to  the  sixth  of  the  treaty  of 
Bucharest,  stipulating  the  restora- 
tion by  Russia  of  certain  fortresses 
and  castles,  taken  on  the  Asiatic 
frontier,  by  the  Russian  troops,  in 
the  course  of  the  preceding  war  ; 
acknowledges  that  Russia  had  re- 
stored them  after  the  peace  ;  pro- 
vides for  the  permanency  of  the 
boundary,  and  for  a  mutual  ar- 
rangement, within  two  years,  to 
maintain  the  tranquillity  and  securi. 
ty  of  the  respective  subjects.  The 
fifth  article,  and  the  separate  act 
relating  to  Servia,  re -promise  on 
the  part  of  the  Sultan,  the  execu- 
tion of  the  third  article  of  the  treaty 
of  Bucharest,  and  engage  to  re- 
gulate within  eighteen  months,  in 
concert  with  a  Servian  deputation 
at  Constantinople,  the  arrangements 
for  securing  to  the  Servians,  the 
privileges  stipulated  in  their  favour. 
The  sixth  article,  provides  for  the 
appointment  of  commissioners  to 
liquidate  and  settle  the  claims  of 
Russian  subjects  upon  the  Turkish 
governments,  for  depredations  of 
pirates,  and  confiscations  of  pro- 


perty, preceding  the  war  of  1806, 
as  had  been  stipulated  by  the  tenth 
article  of  the  treaty  of  Bucharest ; 
and  for  other  acts  of  the  same  na- 
ture, comprising  those  which  had 
taken  place  since  the  year  1821. 
It  adds  a  stipulation,  that  the  com- 
missioners shall  close  their  labours, 
and  that  the  gross  amount  of  the 
indemnifications  awarded  by  them, 
shall  be  remitted  to  the  Russian 
legation  at  Constantinople,  within 
eighteen  months  from  the  ratifica- 
tion of  the  convention.  The  ar- 
ticle closes  with  a  clause  of  formal 
reciprocity,  in  behalf  of  the  sub- 
jects of  the  Sultan.  The  seventh 
article  contains  commercial  ar- 
rangements,  respecting  indemnity 
for  the  depredations  of  the  Barbary 
pirates  of  Algiers,  Tunis  and  Tri- 
poli ;  and  reiterates  prior  engage- 
ments  of  the  treaties  of  commerce 
and  of  Jassy,  confirmed  by  the 
third  and  twelfth  articles  of  the 
treaty  of  Bucharest.  The  Porte 
stipulates, 

1st.  To  prevent  the  disturbance 
of  the  Russian  commerce,  by  the 
Barbary  regencies ;  and  if  any 
such  should  occur,  to  cause  restitu- 
tion to  be  made,  or  in  failure  there- 
of to  pay  the  indemnity  from  the 
imperial  treasury  itself. 

2d.  To  permit  to  Russian  subjects, 
freedom  of  commerce  and  naviga- 
tion in  the  seas  and  waters  of  the 
Ottoman  empire,  conformably  to 
the  treaty  of  commerce  and  other 
previously  existing  treaties. 


ANNUAL  REGISTER,  1827-8-9. 


3d.  Referring  to  the  first,  thirty, 
tirst,  and  thirty-fifth  articles  of  the 
treaty  of  commerce,  to  secure  to 
Russian  subjects,  the  free  passage 
pf  their  vessels  through  the  canal 
to  Constantinople. 

4th.  The  Porte  accepts  the  good 
pflices  of  Russia,  for  according  the 
entry  of  the  Black  sea,  to  the  ves- 
sels of  powers  friendly  to  the  Ot- 
toman government,  in  such  man- 
ner  as  may  not  be  injurious  to  the 
trade  of  Russia. 

The  eighth  article,  again  de- 
claring the  convention  merely  ex- 
planatory  of  the  treaty  of  Bucha- 
rest, stipulates  for  the  exchange  of 
ratifications  within  four  weeks,  or 
sooner  if  possible. 

This  minute  analysis  of  all  the 
engagements  of  the  treaty  of  Ac- 
kerman, may  serve  to  rectify  the 
misrepresentations  of  British  and 
French  journalists,  pamphleteers 
and  political  essayists,  concerning 
^he  relations  between  the  Russian 
and  Ottoman  empires.  Slurring 
over  the  habitual  disregard  by  the 
Turks,  of  their  most  solemn  en- 
gagements, they  perceive  in  the 
policy  of  Russia,  nothing  but  an 
unvarying  system  of  encroachment 
upon  the  Ottoman  territories.  In 
the  treaty  of  Ackerman,  a  tem- 
porary adjustment  was  made  of  all 
the  subjects  of  difference  between 
the  two  countries  ;  and  it  consists 
entirely  of  a  series  of  articles,  re- 
stipulating  the  performance  of  en- 


gagements, time  after  time  con- 
tracted by  the  Sublime  Porte,  and 
never  fulfilled.  There  is  not  in 
the  treaty  of  Ackerman,  the  re- 
motest  allusion  to  any  complaint  of 
wrongs  done,  or  engagements  un- 
executed, on  the  part  of  Russia. 

But  the  treaty  of  Ackerman 
was  not  more  respected  by  the 
Sultan,  than  the  preceding  com- 
pacts, which  its  object  was  to  con- 
firm. Before  the  Protocol  of  the 
4th  of  April,  1826,  the  mediation 
of  Great  Britain  had  been  offered 
to  the'^Porte  for  the  pacification  of 
Greece,  but  without  success.  The 
protocol  itself,  was  communicated 
confidentially  to  the  governments 
of  Austria,  France  and  Prussia, 
with  the  invitation  ^to  them  to  con- 
cur  in  the  final  settlement  of  the 
affairs  of  Greece,  upon  the  prin- 
ciples therein  set  forth.  This  in- 
vitation was  formally  accepted  by 
France,  and  the  principles  of  the 
protocol  were  approved  by  Prussia 
and  Austria  ;  the  latter  of  which 
powers,  promised  to  support  the 
representations  to  be  made  to  the 
Porte  by  the  allies,  though  se- 
parately  from  them.  The  proposed 
mediation  of  the  two  powers  was 
first  offered  to  the  Turkish  govern- 
ment, by  Mr.  Stratford  Canning, 
who  had  previously  offered  the  in- 
tervention  of  Great  Britain  alone. 
It  was  shortly  afterwards  support- 
ed by  the  Russian  envoy,  who  ar- 
rived at  Constantinople^after  the 


RUSSIA. 


conclusion  of  the  convention  of 
Ackerman  ;  and  upon  the  subse- 
quent arrivalofM.de  Ribeaupierre, 
he  and  Mr.  Canning,  jointly  made 
to  the  divan  confidential  com- 
munications of  the  protocol  of  the 
4th  of  April,  1826,  itself,  the  ac- 
cession  to  which,  by  the  Porte,  was 
urged  by  the  simultaneous  repre- 
sentations of  the  ministers  of 
Austria,  France  and  Russia. 

But  the  Turkish  government  had 
adopted  the  opinion,  that  this  in- 
terposition of  Christian  powers  in 
behalf  of  the  Greeks,  was,  with 
the  single  exception  of  Russia,  in- 
sincere. This  opinion  had  been 
countenanced  by  the  previous  con- 
duct of  those  powers,  from  the  be- 
ginning of  the  Greek  insurrection. 
The  first  impulse  of  feeling,  of 
humanity,  of  mercy,  upon  that 
event,  in  the  heart  of  Alexander, 
was  a  sentiment  of  sympathy  with 
the  Greeks,  which  the  policy  of 
his  allies  never  permitted  him  to 
indulge.  That  policy  was  dictated 
by  their  jealousy  of  his  power  ;  by 
the  fear  that  the  result  of  Grecian 
emancipation  would  be  the  ag- 
grandizement of  Russia  ;  and  there 
is  too  much  reason  to  believe,  that 
they  not  only  discountenanced,  by 
all  the  means  in  their  power,  the 
cause  of  the  Greeks,  but  earnestly 
laboured  to  impress  upon  the  Porte, 
the  opinion  that  their  interests  was 
scarcely  less  involved  in  the  main- 
tenance  of  the  sultan's  authority 
over  his  revolted  subjects,  than  his 


own.  He  knew  that  in  1822,  the 
British  government  had,  in  a  man- 
ner almost  peremptory,  interposed 
to  arrest  the  arm  of  Alexander ; 
that  the  fear  of  jacobinism  and  of 
the  Carbonari  haunted  the  imagina- 
tion of  prince  Metternich  and  his 
master ;  and  that,  France,  England, 
and  Austria,  were  all  far  more  fear- 
ful of  the  ascendancy,  which  in- 
dependent Greece  would  necessari- 
ly  give  to  Alexander,  than  of  the 
total  extermination  of  the  Christian 
name  and  blood  in  that  unhappy 
region  ;  a  region,  not  the  less  ob- 
noxious to  the  prejudices  of  Aus- 
trian diplomacy,  for  having  been 
the  birth  place  of  moral  philosophy, 
and  of  high  souled  freedom. 

The  answer  of  the  Reis  Effendi, 
delivered  on  the  9th  and  10th  of 
June,  1827,  to  the  communication 
of  the  protocol  of  the  4th  of  April, 
1826,  clearly  proved  that  the 
political  casuists  of  Constantinople 
had  been  neither  idle  nor  inapt 
pupils  in  the  school  of  legitimacy. 
A  Turkish  state  paper, '  retailing 
forth  to  the  monarchs  of  Europe, 
the  doctrines  which  they  them- 
selves were  using  and  abusing,  to 
justify  their  own  practices,  in  sup- 
pressing the  revolt  and  smothering 
the  freedom  of  the  people,  was  a 
novelty  in  the  annals  of  diplomacy 
and  of  legislation,  which  the  awful 
solemnity  of  the  controversy  could 
alone  protect  from  derision.  In 
the  contest  of  argument,  the  sultan 
turned  upon  the  kings  of  European 


294 


ANNUAL  REGISTER,  1827-8-9. 


Christendom  their  own  batteries ; 
and  it  must  be  admitted,  that  the 
Nizan  Djedid  of  European  disci- 
pline,  was  adopted  by  the  Sublime 
Porte,  in  the  field  of  argument 
with  the  ambassadors,  far  more  suc- 
cessfully, than  the  unfortunate  Se- 
lim  had  found  the  attempt  to  in. 
troduce  it  into  his  armies. 

In  totally  and  decisively  reject- 
ing  the  interposition  of  the  Euro- 
pean powers  for  the  pacification  of 
Greece,  the  diplomatic  wrangler 
of  the  Porte  had,  indeed,  only  to 
remind  the  allied  sovereigns  of 
their  own  principles.  He  told  them, 
that  mediations  were  suitable  only 
to  controversies  between  sovereign 
and  sovereign :  that  the  question 
between  the  Sultan  and  the  Greeks 
was  only  a  question  between  a 
sovereign  and  rebellious  subjects. 
That  religion  had  nothing  to  do 
with  it.  That  foreign  powers  had 
no  right  to  interfere  in  it ;  and  that 
he  had  on  a  former  occasion  de- 
clined an  offer  of  assistance  from 
one  of  these  volunteer  mediators, 
to  suppress  that  very  rebellion,  be- 
cause he  had  chosen  to  reserve  to 
himself  all  the  pleasure  of  chas- 
tising his  undutiful  subjects.  There 
is  a  vein  of  grave  and  thinly  cover- 
ed sarcasm,  running  through  the 
whole  of  this  communication  from 
the  Reis  Effendi,  as  if  it  was  in- 
tended at  once  for  a  refutation  of 
the  arguments,  and  a  satire  upon 
the  principles  of  the  allies. 


The  reply  to  the  note  of  the  Reis 
Effendi,  was  the  treaty  of  London 
of  6th  July,  1827,  between  Russia, 
Great  Britain  and  France. 

With  the  most  entire  respect  for 
the  high  contracting  parties  to  this 
treaty,  we  are  compelled  to  re- 
mark, that  it  neither  indicated  the 
real  motives,  nor  assigned  the  real 
causes,  nor  disclosed  the  real  pur- 
poses, of  their  interposition  between 
the  Turkish  sovereign  and  his  Gre- 
cian subjects. 

Th^e  motives  assigned  in  the  pre- 
amble of  the  treaty  are,  the  pro- 
tection  of  the  commerce  of  the 
parties  from  piracies  ;  the  pressing 
request  of  the  Greeks  to  the  kings 
of  France  and  Great  Britain  for 
their  interposition  ;  and  the  desire 
of  the  three  sovereigns  to  arrest 
the  effusion  of  human  blood,  and 
the  other  evils  which  might  arise 
from  the  continuance  of  the  exist- 
ing state  of  things.  But  the  sup- 
pression  of  occasional  piracies,  and 
the  stoppage  of  the  effusion  of 
human  blood,  would,  if  they  could 
justify  one  power  in  its  interposi- 
tion between  the  government  of 
another  and  its  revolted  subjects, 
always  afford  the  same  motives  in 
every  war  that  might  arise.  The 
request  of  the  Greeks  was  certain, 
ly  no  new  thing.  They  had  for 
years  and  years  before,  urged  the 
same  request  to  deaf  or  unlistening 
ears.  The  real  motive  of  the 
treaty  was  to  tie  the  hands  of  the 


RUSSIA. 


295 


Emperor  Nicholas,  and  to  deprive 
him  of  the  glory  of  effecting  the 
total  emancipation  of  the  Greeks. 

The  first  article  provided  that 
the  contracting  powers,  immediate, 
ly  after  the  ratification  of  the  trea- 
ty, should,  through  the  medium  of 
a  joint  declaration  of  their  minis- 
ters at  Constantinople,  offer  to  the 
Porte  their  mediation,  with  the 
view  of  effecting  a  reconciliation 
between  the  Sultan  and  the  Greeks ; 
and  they  were,  at  the  same  time, 
to  demand  of  both  the  parties,  an 
immediate  armistice  between  them 
as  an  indispensable  preliminary 
condition  to  any  negotiation. 

The  second  laid  down  the  basis 
of  the  arrangement  to  be  proposed 
to  the  Porte ;  which  was,  that  the 
Greeks  should  remain  under  the 
merely  nominal  sovereignty  of  the 
Sultan,  to  be  realized  only  by  the 
payment  of  a  certain  yearly  tribute : 
That  they  should  be  governed  by 
authorities  chosen  by  themselves, 
but  in  the  nomination  of  whom  the 
Porte  should  have  a  determinate 
voice  ;  and  that  the  Turkish  pro- 
perty on  the  continent,  or  in  the 
isles  of  Greece,  should  be  trans- 
ferred  to  the  Greeks  for  a  suitable 
indemnity  to  the  proprietors. 

The  third  stipulated  that  the  de- 
tails of  the  arrangement,  the  limits 
of  the  Grecian  territory  on  the 
continent,  and  the  islands  to  be 
included  with  it,  should  be  settled 
by  a  subsequent  negotiation. 

The  fourth,  that  the  ministers  of 


the  contracting  parties  at  Constan- 
tinople should  immediately  be  fur- 
nished with  instructions,  for  the 
execution  of  the  treaty. 

The  fifth,  that  the  contracting 
powers,  in  the  arrangements  to  be 
made,  would  not  seek  any  augmen- 
tation of  territory,  or  exclusive  in- 
fluence for  themselves,  or  peculiar 
advantage  for  their  own  subjects. 

The  sixth,  that  the  final  arrange- 
ments of  peace,  between  the  Sul- 
tan and  the 'Greeks,  should  be 
guarantied  by  such  of  the  signing 
powers  as  should  judge  it  useful  or 
possible  to  contract  the  obligation, 
and  referred  to  future  negotiation 
for  the  "  mode  of  the  effects  of  this 
guaranty." 

The  seventh  promised  the  ex- 
change of  ratifications  within  two 
months. 

But  the  marrow  of  this  treaty 
was  contained  in  an  additional,  and 
professedly  secret  article,  which 
was  to  take  effect  if  the  Ottoman 
Porte  should  not  accept  within  the 
space  of  one  month  the  mediation 
to  be  offered.  In  that  event,  the 
high  contracting  parties  agreed, 

First,  that  their  ministers  at  Con- 
stantinople  should  declare  to  the 
Porte,  that  the  state  of  affairs  in 
Greece,  having  lasted  six  years, 
without  prospect  of  its  termination, 
imposed  upon  the  high  contracting 
parties  the  necessity  of  taking  im- 
mediate measures  for  an  approxi- 
mation with  the  Greeks.  This  ap- 
proximation was  explained  to  mean, 


ANNUAL  REGISTER,  1827-8-9. 


the  establishment  of  commercial 
relations,  by  sending  to  them,  and 
receiving  from  them,  consular 
agents. 

Secondly,  that  if  either  Turks  or 
Greeks  should  refuse  the  armistice 
proposed  in  the  first  article  of  the 
public  treaty,  the  high  contractors 
should  declare  to  the  refractory 
party  their  intention  to  exert  all  the 
means  which  circumstances  might 
suggest  to  their  prudence,  to  estab- 
lish an  armistice  de  facto  ;  and 
that  instructions  should  be  sent  ac- 
cordingly to  the  admirals  of  their 
squadrons  in  the  seas  of  the  Le- 
vant. The  battle  of  Navarino  is 
the  exposition  of  whatever  obscu- 
rity there  may  be  in  the  phraseo- 
logy of  this  stipulation. 

Thirdly  and  finally,  if  the  Porte 
should  persist  in  rejecting,  or  the 
Greeks  should  renounce  the  bene- 
fit of  these  arrangements,  the  high 
contracting  powers  should  still  per- 
severe in  their  endeavours  to  effect 
the  work  of  pacification,  on  the 
bases  thus  agreed  upon  between 
them. 

Although  this  treaty  led  imme- 
diately to  its  inevitable  result,  the 
destruction  of  the  Turkish  fleet  at 
Navarino ;  it  is  plain  from  all  its 
provisions,  that  such  an  event  was 
not  intended  or  expected  by  the 
high  contracting  parties.  They 
believed  that  its  result  would  be  to 
overawe  the  Sultan,  and  extort  from 
him  a  suspension  of  hostilities, 
without  requiring  that  a  blow  should 


be  struck  on  the  part  of  the  allies. 
But  how  little  of  real  concert  there 
was  between  them,  is  sufficiently  in- 
dicated by  the  fact,  that  within  a 
fortnight  after  the  conclusion  of  the 
treaty,  the  secret  article,  as  well  as 
the  rest,  crept  into  the  public  news- 
papers of  London,  and  the  high 
contracting  parties  have  never  been 
able  to  discover,  which  of  them  it 
was  that  betrayed  the  others  by  di- 
vulging their  secrets  to  the  world. 

It  has  been  related  in  the  prece; 
ding  volume  of  our  work,  that  the 
substance  of  this  treaty  was  com- 
municated in  the  month  of  August, 
next  succeeding  its  conclusion,  to 
the  Greek  government,  which  im- 
mediately accepted  the  mediation 
of  the  allied  powers  ;  and  to  the 
Sublime  Porte,  by  whom  it  was  de- 
cidedly  rejected.  The  Ambassa- 
dors of  the  contracting  parties,  in- 
their  note  of  the  16th  of  August,  ta 
the  Reis  Effendi,  had  expressed 
themselves  in  terms  which,  if  the 
Turk  had  believed  them  sincere, 
were  intelligible  enough,  and  which, 
if  he  had  weighed  their  consequen- 
ces,  might  well  have  brought  him 
to  a  pause.  They  said,  "it  i» 
their  duty  not  to  conceal  from,  the 
Reis  Effendi;  that  a  new  refusal,  an 
evasive  or  insufficient  answer,  even 
a  total  silence  on  the  part  of  his  go. 
vernment,  will  place  the  allied 
courts  under  the  necessity  of  recur- 
ring to  such  measures,  as  they  shall 
judge  most  efficacious  for  putting  an 
end  to  a  state  of  things,  which  is 


RUSSIA. 


become  incompatible  even  with  the 
true  interests  of  the  Sublime  Porte, 
with  the  security  of  commerce  in 
general,  and  with  the  perfect  tran- 
quillity of  Europe."  To  this  note, 
they  required  a  categorical  answer 
within  fifteen  days.  On  the  30th 
of  August,  they  sent  their  dragomans 
to  receive  it.  The  Reis  Effendi 
gave  only  a  verbal  answer,  refer- 
ring to  his  manifesto  of  the  9th  of 
June,  and  declaring  the  adhesion 
of  his  master  to  its  principles. 
The  next  day,  the  ambassadors,  in 
another  note,  gave  formal  warning 
to  the  Porte,  that  in  consequence 
of  its  refusal,  their  sovereigns  would 
take  the  necessary  measures  to 
carry  the  treaty  into  execution,  and 
enforce  a  suspension  of  hostilities ; 
but  without  in  any  manner  interrupt' 
ing  the  friendly  relations  subsisting 
letween  them  and  the  Turkish  go- 
vernment. The  Reis  Eftendi  re. 
peated  the  rejection  by  the  Porte, 
of  these  friendly  offers ;  and  pre- 
parations for  defence  were  made 
along  the  Bosphorus,  and  the  Dar- 
danelles. On  the  10th  of  Sep. 
tember,  the  ambassadors  notified 
the  consulates  of  their  respective 
governments,  for  the  information  of 
the  merchants,  that  orders  would 
immediately  be  sent  to  the  admi- 
rals of  the  allied  squadrons,  to  act 
•upon  the  regulations  set  forth  in 
the  treaty  of  the  6th  of  July  ;  but 
that  while  resisting  any  attempt 
of  the  Turks  to  send  supplies  and 
succours  to  the  Morea,  the  com- 
VOL,  III. 


bined  fleet  would  in  no  other  event 
commence  hostilities  against  Turk- 
ish or  Egyptian  vessels.  Four 
days  afterwards,  at  another  confe. 
rence  of  the  dragoons  with  the  Reis 
Effendi,  they  found  him  as  inflexi- 
ble as  before  ;  and  his  only  reply 
to  the  English  dragoman,  who  spoke 
for  them  all,  was  to  remind  him  of 
the  motto  of  his  king,  "  God  and 
my  right." 

The  negotiations  were  thence, 
forward  transferred  from  the  am- 
bassadors  at  Constantinople,  to  the 
admirals  of  the  combined  squadrons 
upon  the  ^Egean ;  and  we  have  re- 
lated in  the  preceding  volume,  how 
they  terminated,  on  the  20th  Octo- 
ber, by  the  total  destruction  of  the 
Turkish  and  Egyptian  fleet  at  Nava- 
rino.  That  narrative  was  continued 
until  the  departure  of  the  ambassa- 
dors of  the  allied  powers  from  Con- 
stantinople, on  the  8th  of  Decem- 
ber— the  Porte  still  inflexibly  resist- 
ing all  interposition  of  the  allies  in 
the  affairs  of  Greece. 

The  treaty  of  the  6th  of  July, 
had  been  concluded  with  the  im- 
pression, at  least,  on  the  part  of 
Great  Britain,  perhaps  of  France, 
that  the  Sublime  Porte  would  ulti- 
mately acquiesce  in  the  interposi- 
tion of  the  allies,  without  resort  to 
the  last  argument  of  kings.  They 
had  not  only  taken  so  many  pre. 
cautions  to  foreclose  the  contingen- 
cy of  actual  hostilities,  that  in  the 
very  unmasking  of  their  batteries, 
their  guns  had  the  appearance  of 
38 


ANNUAL  REGISTER,  1827-S-9. 


being  spiked  ;  but  the  treaty  itself 
had  more  the  character  of  a  plan 
to  indemnify  the  Porte  for  the  loss 
of  Greece,  than  to  rescue  Greece 
from  the  tyranny  of  the  Porte.  The 
Sultan  wanted  not  sagacity  to  dis- 
cern this  ;  but  he  drew  cpnclusions 
from  it,  in  the  issue  of  which  he  was 
totally  disappointed.  He  saw,  that 
the  partialities  of  two  of  the  allies 
were  really  on  his  side,  even  in  his 
contest  with  the  Greeks.  He  saw 
that  Austria,  while  ostensibly  con- 
curring  in  the  professed  object  of 
the  allies,  had,  in  truth,  been  ope- 
rating underhandedly  against  them. 
He  saw  that  of  all  the  powers,  Rus- 
sia alone  acted  with  an  interest  of 
her  own,  identified  with  the  cause 
of  Grecian  independence  ;  and  he 
did  not  believe  that  France  or  Eng- 
land would  suffer  their  force  to  be 
used  for  the  annihilation  of  his  na- 
val power,  and  thereby  aggravate 
the  preponderance  so  much  dreaded 
by  them,  of  his  only  real  enemy, 
Russia.  Nor  did  even  the  catas- 
trophe of  Navarino,  nor  the  depar- 
ture of  the  ambassadors  of  the  al- 
lies, undeceive  him.  From  the 
lime  when  the  disaster  of  Navarino 
had  been  made  known  to  him,  the 
Reis  Effendi  had  assumed  the  tone 
of  the  aggrieved  party,  and  made 
formal  demands  of  indemnity,  and 
the  punishment  of  the  offending  ad- 
mirals. He  still  manifested  however, 
a  solicitude  to  prevent  the  rupture  of 
the  negotiations  by  the  departure 
of  the  ambassadors ;  who  were 


finally  obliged  to  go  without  obtain- 
ing passports,  declining  a  proposi- 
tion of  the  Porte,  made  at  the 
last  extremity,  with  a  knowledge 
that  it  could  not  be  accepted, 
of  a  general  amnesty  to  the 
Greeks. 

Upon  the  departure  of  the  am- 
bassadors,  the  Sultan,  who  must 
have  been,  however  unwillingly, 
preparing  his  mind  for  that  event, 
immediately  determined  upon  two 
things  ;  a  war  with  Russia  alone — 
and  a  dallying  attempt  to  protract 
the  negotiation,  and  gain  time  of 
preparation  for  the  conflict.  With- 
out noticing  the  withdrawal,  of  the 
French  and  British  ministers,  the 
Reis  Effendi,  on  the  12th  of  De- 
cember, addressed  ajetter  to  the 
Russian  Vice  Chancellor,  Count 
Nesselrode,  complaining  of  the  de- 
parture of  the  Russian  envoy.  This 
letter  has  not  the  most  distant  allu- 
sion to  the  tragedy  at  Navarino. 
It  commences  in  terms  of  friend- 
liness and  courtesy  ;  states  that  "in 
consequence  of  the  convention  of 
Ackerman,  happily  concluded  be- 
tween the  sublime  Porte  and  the 
Russian  government,  by  which  the 
relations  of  reciprocal  friendship 
had  been  more  intimately  confirm. 
ed,"  the  Russian  ambassador,  Ri- 
beaupierre,  had  arrived  at  Con- 
stantinople, and  had  been  received 
with  all  the  distinctions  and  honours 
due  to  the  friendly  and  pacific  in- 
tentions of  both  parties.  That 
every  suitable  attention  was  paid  to 


RUSSIA, 


299 


his  repi" esentations ;  and  the  discus, 
sions  were  proceeding  with  him,  in 
the  most  conciliatory  manner : 
mean  time  that  "  certain  injurious 
proposals  were  pressed  upon  the 
Sublime  Porte,with  respect  to  which 
the  Russian  government  has  been 
informed,  in  repeated  communica- 
tions and  conferences,  of  the  frank 
and  sincere  answers  of  the  Porte, 
founded  on  truth  and  justice." 
Lastly,  that  the  said  minister  had 
been  repeatedly  requested,  and  ur^ 
ged  to  communicate  to  his  govern- 
ment,  the  motives  of  urgent  neces- 
sity, and  the  causes  of  excuse 
assigned  by  the  Porte,  and  to  wait 
for  the  equitable  answer  of  his  go- 
vernment ;  but  that  minister  had 
refused  to  pay  reasonable  attention 
to  the  motives,  alleged  by  the 
Sublime  Porte  ;  had  chosen,  con- 
trary to  his  duty  as  a  minister,  and 
to  the  laws  of  nations,  to  withdraw, 
without  motive  and  without  per- 
mission ;  refusing  even  to  assign, 
in  a  written  note,  the  reason  for 
his  departure — and  the  Reis  Effen- 
di  thus  concludes  :  "  The  present 
friendly  letter  has  been  composed 
and  sent,  to  acquaint  your  excel- 
lency with  the  circumstance ;  when 
you  shall  learn,  on  receipt  of  it, 
that  the  Sublime  Porte  has  at  all 
times,  no  other  desire  or  wish  than 
to  preserve  peace,  and  good  under- 
standing ;  and  that  the  event  in 
question  has  been  brought  about, 
entirely  by  the  act  of  the  said 
minister,  we  hope  that  you  will 


endeavour,  on  every  occasion,  te 
fulfil  the  duties  of  friendship. 

But  precisely  at  the  time  when 
this  mild,  and  candid,  and  gently 
expostulary  epistle  was  despatched 
for  St.  Petersburg,  another  state 
paper  was  issued,  addressed  by 
the  Sultan  to  his  own  subjects — 
this  was  the  Hatti  Sheriff  of  the 
20th  of  December,  sent  to  the  Pa- 
shas of  all  the  provinces,  calling 
on  all  the  faithful  Mussulmen  of 
the  empire  to  come  forth  and  fight 
for  their  religion,  and  their  conn- 
try,  against  the  infidel  despisers  of 
the  Prophet.-  The  Comparison  of 
these  two  documents  with  each 
other,  will  afford  the  most  perfect 
illustration  of  the  Ottoman  faith,  as 
well  as  of  their  temper  towards 
Russia. 

The  Hatti  Sheriff  commenced 
with  the  following  admirable  com- 
mentary upon  the  friendly  profes- 
sion, which  introduced  the  letter  to 
count  Nesselrode. 

"  It  is  well  known  (said  the  Sul- 
tan) to  almost  every  person,  that 
if  the  Mussulmen  naturally  hate 
the  infidels,  the  infidels,  on  their 
part,  are  the  enemies  of  the  Mus. 
sulmen  :  that  Russia,  more  espe- 
cially, bears  a  particular  hatred  to 
Islamism,  and  that  she  is  the  prin- 
cipal enemy  of  the  Sublime  Porte." 

This  appeal  to  the  natural  hatred 
of  the  Mussulmen  towards  the  in- 
fidels,  is  in  just  accordance  with 
the  precepts  of  the  Koran.  The 
document  does  not  attempt  to  dis- 


3UU 


ANNUAL  REGISTER,  16-21-8-9. 


guise  it,  nor  even  pretend  that  the 
enmity  of  those  whom  it  styles  the 
infidels,  is  any  other  than  the  ne- 
cessary consequence  of  the  hatred 
borne  by  the  Mussulmen  to  them — 
the  paragraph  itself,  is  a  forcible 
example  of  the  contrasted  character 
of  the  two  religions.  The  funda- 
mental  doctrine  of  the  Christian 
religion,  is  the  extirpation  of  hatred 
from  the  human  heart.  It  forbids 
the  exercise  of  it,  even  towards 
enemies.  There  is  no  denomina. 
tion  of  Christians,  which  denies  or 
misunderstands  this  doctrine.  All 
understand  it  alike — all  acknow- 
ledge its  obligations  ;  and  however 
imperfectly,  in  the  purposes  of 
Divine  Providence,  its  efficacy  has 
been  shown  in  the  practice  of  chris- 
tians,  it  has  not  been  wholly  in. 
operative  upon  them.  Its  effect 
has  been  upon  the  manners  of 
nations. — It  has  mitigated  the  hor- 
rors of  war — it  has  softened  the 
features  of  slavery — it  has  human- 
ized  the  intercourse  of  social  life. 
The  unqualified  acknowledgement 
of  a  duty  does  not,  indeed,  suffice 
to  insure  its  performance.  Hatred 
is  yet  a  passion,  but  too  powerful 
upon  the  hearts  of  Christians.  Yet 
they  cannot  indulge  it,  except  by  the 
sacrifice  of  their  principles,  and  the 
conscious  violation  of  their  duties. 
No  state  paper  from  a  Christian 
hand,  could,  without  trampling  the 
precepts  of  its  Lord  and  Master, 
have  commenced  by  an  open  pro- 
clamation  of  hatred  to  any  portion 


of  the  human  race.  The  Ottoman 
lays  it  down  as  the  foundation  ot 
his  discourse. 

The  paper  proceeds,  by  affirming 
that,  for  the  last  fifty  or  sixty  years, 
Russia  has  constantly  taken  ad- 
vantage of  the  slightest  pretext  for 
declaring  war,  in  the  eager  exe- 
cution  of  her  criminal  projects 
against  the  Mussulman  nation,  and 
the  Ottoman  empire.  This  is  no- 
toriously untrue.  For  the  last  fifty 
or  sixty  years,  Russia  has  been 
herself  an  object  of  jealousy  and 
fear,  to  all  the  European  nations, 
of  her  own  faith  as  Christians. 
They  have  constantly  kept  such 
strict  watch  over  her,  with  regard 
especially  to  the  Ottoman  empire, 
that  whenever  she  had  been  com* 
pelled  to  declare  war  against  the 
Turks,  her  cause  has  been  so 
manifestly  just,  that  no  great  Eu- 
ropean power  has  had  plausible 
pretext  for  taking  the  part  of  the 
Mussulman  against  her.  Insomuch, 
that  when  William  Pitt,  in  the 
plenitude  of  his  power,  and  at  the 
zenith  of  his  fame,  once  attempted 
it,  neither  the  sense  nor  the  feeling 
of  his  nation  would  bear  him  out 
in  his  policy  ;  and  he  was  compel- 
led to  renounce  his  project,  that 
he  might  save  himself  from  ruin. 

The  Sultan  proceeds  from  one 
false  imputation  to  another,  and 
next  charges  Russia  with  having 
instigated  the  revolt  of  her  co- 
religionists, the  Greeks,  and  it 
impudently  pretends,  that  this  per- 


RUSSIA. 


30' 


iidious  plot  between  Russia  and 
the  Greeks,  "  thanks  to  the  Divine 
Assistance,  and  to  the  protection 
of  our  Holy  Prophet,  was  dis- 
covered a  short  time  before  it  was 
intended  to  be  carried  into  execu- 
tion." 

This  pretended  discovery  of  a 
plot  between  Russia  and  the  Greeks, 
is  introduced,  to  preface  an  exult, 
ing  reference  to  the  unhallowed 
butchery  of  the  Greek  Patriarch 
and  Priests,  on  caster  day  of  1822, 
at  Constantinople,  and  to  the 
merciless  desolation  of  Greece, 
which  it  calls  "doing  justice  by 
the  sword  to  a  great  number  of 
rebels  of  the  Morea,  of  Negropont, 
of  Acarnania,  Missolonghi,  Athens, 
and  other  parts  of  the  continent." 
The  document  acknowledges,  that 
although  during  several  years,  con- 
siderable  forces,  both  naval  and 
military,  had  been  sent  against  the 
Greeks,  they  had  not  succeeded  in 
suppressing  the  insurrection ;  be- 
cause it  was  fomented  by  the  se- 
cret supplies  and  promises  of  other 
Europeans,  besides  the  Russians  ; 
till  "  at  length,  influenced  by  the 
Russians,  England  and  France, 
united  with  Russia,  and  under  pre- 
text that  their  commerce  was  suf- 
fering from  the  long  duration  of 
the  troubles,  they  induced,  by  all 
sorts  of  artifices,  the  Greeks  to  re- 
nouncje  their  duty  as  Rayas. "  This 
charge  against  France  and  Eng- 
land, of  instigating  the  Greeks  to 
rebellion,  is  not  more  unfounded, 


than  when  it  had  been  applied  ex- 
clusively to  Russia.  But  the  state- 
ment immediately  following,  ar 
nounces,  very  exactly,  the  propot, 
tions  made  by  the  allied  powers  to 
the  Porte,  and  points  out,  without 
exaggeration,  the  consequences  to 
which  the  acceptance  of  those  pro- 
positions  would  naturally  lead.  It 
says,  that  they  looked  to  the  in. 
dependence  of  Greece  under  the 
payment  of  an  annwal  tribute ;  this, 
the  Porte  very  justly  says,  "  tended 
to  nothing  less  than  to  cause  to  fall 
into  the  hands  of  the  infidels,  all  the 
countries  of  Europe  and  Asia,  in 
which  the  Greeks  are  mixed  with 
the  Mussulmans ;  to  put,  by  degrees, 
the  Rayas  in  the  place  of  the  Otto- 
mans, and  the  Ottomans  in  the 
place  of  the  Rayas — to  convert  per- 
haps, our  mosques  into  churches, 
and  to  make  bells  resound  in  them : 
in  a  word  to  crush,  rapidly  and 
easily,  Islamism." 

Of  course,  (the  document  adds,) 
the  Porte  could  not  accept  such 
propositions.  The  object  of  the 
Franks  had  been  seen  through, 
from  the  beginning ;  it  was  clear 
that  the  sabre  would  be  the  only 
ultimate  reply  to  their  proposals ; 
and  the  Porte  thenceforward, 
sought  only  to  excuse  and  tempo- 
rize with  them,  until  the  warlike 
preparations  of  the  Sultan  could  be 
completed. 

And  the  occasion  is  taken  to  ob- 
serve, that  it  was  the  same  policy 
of  gaining  time  and  of  deceiving 


302 


ANNUAL  REGISTER,  1827-8-9. 


Russia,  that  had  induced  the  Porte 
to  subscribe  to  the  treaty  of  Acker- 
man  ;  in  which  the  demands  of 
Russia,  respecting  indemnities,  and 
the  Servians,  were  quite  inadmissi- 
ble. The  Porte,  however,  had 
thought  best  to  acquiesce  in  those 
terms,  as  a  necessity,  right  or 
wrong.  Part  of  the  articles  had 
been  executed  :  conferences  rela- 
ting to  the  indemnities,  and  the 
Servians,  had  been  commenced : 
but,  although  taken  into  considera- 
tion as  acts  of  violence,  they  were 
not  likely  to  be  settled  with  a  good 
grace.  These  are  the  terms  in 
which  the  Sultan  announces  his  ut- 
ter contempt  of  his  own  engage- 
ment* at  Ackerman ;  themselves, 
as  we  have  seen,  only  promises  to 
perform  stipulations  made  at  Bu- 
charest, and  which  ought  to  have 
been  executed  long  before. 

He  now  returns  to  the  proposi- 
tions of  the  three  allied  courts, 
whom  he  charges  with  having  open- 
ly broken  their  treaties,  and  decla- 
red war  by  the  destruction  of  his 
fleet  at  Navarino.  He  gives  an  ac- 
count, sufficiently  exact,  of  the  per- 
severing demands  of  the  three  am- 
bassadors, for  the  independence  of 
Greece,  and  of  the  answers  given, 
to  protract  the  negotiation  until  the 
time  of  their  departure  from  Con- 
stantinople ;  and,  repeating  the  po- 
sition he  had  already  taken,  he 
says  : 

"  If  now  (which  God  forbid)  we 
had  found  it  necessary  to  beat  a 


retreat,  and  yield  the  point  in  ques- 
tion, that  is  to  say,  the  indepen- 
dence of  Greece,  the  contagion 
woulu  soon  have  spread  through  all 
the  Greeks  established  in  Romelia 
and  Anatolia,  without  the  possibility 
of  a  stop  being  put  to  the  evil. — 
They  would  then  all  claim  the  same 
independence,  would  renounce  their 
duties  as  Rayas,  and,  triumphing 
in  the  course  of  one  or  two  years, 
over  the  generous  Mussulman  na- 
tion, would  one  day  finish,  by  sud- 
denly giving  us  the  law,  and  (hea- 
ven avert  the  misfortune)  the  evi- 
dent result  would  be  the  ruin  of  our 
religion  and  our  empire." 

That  such  would  in-  all  proba- 
bility have  been,  and  that  such  iir 
all  justice  ought  to  have  been,  the 
consequence  of  the  independence 
of  Greece,  has  been  yielded,  not 
to  the  three  allied  powers,  but  to 
the  victorious  army  of  Russia. 
The  last  appeal  of  the  Sultan  to  the 
fanaticism  of  his  people,  and  to 
the  protection  of  his  prophet,  has 
been  vain.  He  told  them,  that 
since  the  happy  time  of  their  great 
prophet,  the  faithful  M ussulmen  had 
never  taken  into  consideration  the 
numbers  of  the  infidels.  He  re- 
minded them,  too  truly  reminded 
them,  how  often  they  had  put  mil- 
lions  of  Christians  to  the  sword  ; 
how  many  states  and  provinces 
they  had  thus  conquered,  sword  in 
hand.  With  no  ineloquent  voice, 
he  said,  "  If  the  three  powers 
should  persist  in  wishing,  to  compel 


RUSSIA. 


803 


us  by  force,  to  admit  their  demands ; 
even  should,  they,  illustrating  the 
saying — 'all  infidels  are  but  one 
nation' — all  league  against  us,  we 
will  recommend  ourselves  to  God, 
place  ourselves  under  the  protec- 
tion of  our  holy  prophet,  and  united 
in  defence  of  religion  and  the  em- 
pire,  all  the  Viziers,  the  Ulemas, 
the  Rayas,  perhaps  even  all  Mus- 
sulmen,  will  form  only  one  corps. 
This  is  not,  like  former  contests,  a 
political  war  for  provinces  and  fron- 
tiers; the  object  of  the  infidels, 
being  to  annihilate  Islamism,  and 
to  tread  the  Mahometan  nations  un- 
der foot.  This  war  must  be  con- 
sidered purely  a  religious  and  na- 
tional war.  Let  all  the  faithful, 
rich  or  poor,  great  or  little,  know, 
that  to  fight  is  a  duty  with  us ;  let 
them  then  refrain  from  thinking  of 
their  arrears,  or  of  pay  of  any  kind  ; 
far  from  such  considerations,  let  us 
sacrifice  our  property  and  our  per- 
sons ;  let  us  execute  zealously  the 
duties  which  the  honour  of  Islamism 
imposes  on  us — let  us  unite  our  ef- 
forts, and  labour,  body  and  soul,  for 
the  support  of  religion,  until  the 
day  of  judgment.  Mussulmen  have 
no  other  means  of  working  out  sal- 
vation in  this  world  and  the  next." 
This  address  to  the  patriotism 
and  religious  prejudices  of  the  Ot- 
toman people,  was  worthy  of  a  bet- 
ter cause.  The  time  has  been,  when 
it  would  have  drawn  them  forth  to 
battle,  and  to  triumph.  That  time 
is  happily  gone,  never  to  return. 


Yes,  the  independence  of  Greece 
must,  and  will  tend  to  kindle  in 
Anatolia  and  Roumelia,  and 
throughout  all  the  Turkish  provin. 
ces  in  Europe,  a  sympathetic  and 
inextinguishable  flame.  Those 
provinces  are  the  abode  of  ten  mil- 
lions of  human  beings,  two  thirds 
of  whom  are  Christians,  groaning 
under  the  intolerable  oppression  of 
less  than  three  millions  of  Turks. 
Those  provinces  are  in  some  of 
the  fairest  regions  of  the  earth. — 
They  were  Christian  countries,  sub- 
dued during  the  conquering  period 
of  the  Mahometan  imposture,  by 
the  ruthless  scymetar  of  the  Otto- 
man race  ;  and  under  their  iron 
yoke,  have  been  gradually  dwind- 
ling in  population,  and  sinking  into 
barbarism.  The  time  of  their  re- 
demption is  at  hand. 

In  declaring  that  the  treaty  of 
Ackerman  had  been  assented  to, 
only  as  a  measure  of  expediency 
to  gain  time,  without  intending  to 
carry  it  into  execution  ;  the  Sultan 
gave  to  Russia  a  clear  and  unequi- 
vocal cause  of  war.  Measures  of 
positive  hostility,  adopted  at  the 
same  time,  aggravated  this  right 
into  a  duty,  and  left  to  the  Empe- 
ror Nicholas  no  other  alternative. 
Among  these,  was  the  expulsion  of 
all  Russian  subjects  and  merchants 
from  the  Turkish  dominions ;  the 
closing  of  the  Bosphorus,  the  only 
outlet  for  the  commerce  of  the  Rus- 
sian  provinces  on  the  Black  sea  ; 
the  seizure  of  Russian  vessels  in 


304 


ANNUAL  REGISTER,  1827-8-9. 


the  Turkish  ports,  and  in  the  har- 
bour  of  Constantinople,  and  the  ap- 
propriation of  their  cargoes,  at  ar- 
bitrary prices,  to  the  uses  of  the 
Turkish  government.  The  infor- 
mation of  all  these  measures,  reach- 
ed the  imperial  government  at  St. 
Petersburg  at  the  same  time,  or  im- 
mediately after  the  plausible  and 
conciliatory  letter  of  the  Reis  Ef- 
fendi  to  Count  Nesselrode. 

This  letter  was  answered  by  the 
Russian  Vice  Chancellor,  on  the 
14th-26th  of  April,  1828,  and  the 
answer  was  accompanied  by  a  ma- 
nifesto ofthe  Emperor  Nicholas,  and 
a  declaration  of  war,  of  the  same 
date.  The  delay  which  attended  this 
measure  is  accounted  for,  in  the 
answer  of  Count  Nesselrode,  who 
says,  that  the  Emperor  intended 
thereby  to  leave  the  Sublime  Porte, 
time  to  change  its  deplorable  resolu- 
tions. It  is  probable  that  another 
motive  was  not  without  its  influence 
upon  the  mind  of  the  Emperor  ; 
that  of  consulting  the  opinions,  and 
ascertaining  the  intentions  of  his 
confederates  to  the  treaty  of  the 
6th  of  July,  1827.  The  result  of 
the  battle  of  Navarino  was  far 
from  being  satisfactory  to  the  Bri- 
tish government.  In  the  kings 
speech,  at  the  opening  of  the  ses- 
sion of  Parliament,  on  the  29th  of 
January,  he  said  that,  "  for  several 
years  a  contest  had  been  carried 
on  between  the  Ottoman  Porte, 
and  the  inhabitants  of  the  Greek 
provinces  and  islands,  which  had 


been  marked  on  each  side,  by  ex- 
cesses  revolting  to  humanity."  He 
added,  that,  at  the  earnest  entreaty 
of  the  Greeks,  he  had  concerted 
measures  for  effecting  a  reconcilia- 
tion between  them  and  the  Otto- 
man Porte,  with  Russia  and  France ; 
and  communicated  copies  of  the 
protocol  of  the  4th  of  April,  1826, 
and  of  the  treaty  of  the  6th  of  July, 
1827 ;  as  justifying  causes  to  which, 
the  only  reason  that  he  assigns  is, 
the  injuries  sustained  by  the  com- 
merce of  his  majesty's  subjects,  in 
consequence  of  this  state  of  hostili- 
ties. He  then  adds,  "  In  the  course 
of  the  measures  adopted  with  a 
-view  to  carry  into  effect  the  object 
of  the  treaty,  a  collision,  wholly  un- 
expected by  his  majesty,  took  place 
in  the  port  of  Navarin,  between 
the  fleets  ofthe  contracting  powers, 
and  that  ofthe  Ottoman  Porte." 

"  Notwithstanding  the  valour  dis- 
played  by  the  combined  fleet,  his 
majesty  deeply  laments  that  this 
conflict  should  have  occurred  with 
the  naval  force  of  an  ancient  ally  ; 
but  he  still  entertains  a  confident 
hope,  that  this  untoward  event,  will 
not  be  followed  by  further  hostili- 
ties,  and  will  not  impede  that  ami. 
cable  adjustment  of  the  existing 
differences  between  the  Porte  and 
the  Greeks,  to  which  it  is  their 
common  interest  to  accede.  In 
maintaining  the  national  faith,  by 
adhering  to  the  engagements  into 
which  his  majesty  has  entered,  his 
majesty  wiH  never  lose  sight  of  the 


R¥SSIA, 


305 


great  objects  to  which  all  his  efforts 
have  been  directed ;  the  termina- 
tion of  the  contest  between  the 
hostile  parties — the  permanent  set- 
dement  of  their  future  relations  to 
each  other — and  the  maintenance 
of  the  repose  of  Europe,  upon  the 
basis  on  which  it  has  rested,  since 
the  last  general  treaty  of  peace. 

In  comparing  the  tenor  of  this 
speech  with  the  protocol  of  April, 
1826,  and  the  treaty  of  the  6th  of 
July,  1827,  how  forcibly  are  we 
reminded  of  the  shallowness  of  hu- 
man wisdom,  and  of  the  control  of 
a  superintending  Providence  over 
the  designs  and  purposes  of  man. 
That    the    collision  of  Navarino 
should  have  been  wholly  unexpect- 
ed to  the  king  of  Great  Britain 
after  the  protocol,  and  the  treaty 
to  which  his  faith  was  pledged,  can 
only  prove  with  how  little  sagacity 
of  foresight,  his  ministers  had  bound 
him  to  these  engagements.     With 
their  knowledge  of  the  headlong 
obstinacy  of  the  Turks,  with  the 
fatal  consequences  to  the  Ottoman 
power,  which  they  ought  to  have 
beheld  in  perspective,  as  likely  to 
follow  from  the  acquiescence  of 
the  Porte  in  the  independence  of 
Greece,  even  imperfect  and  crip, 
pled  as  it  would  be,  by  the  project 
which  they  themselves  had  formed ; 
what  else  could  they,  as  statesmen, 
have  expected  but  the  collision  of 
Navarino  ?    They  had  for  two  or 
three  preceding  years  repeatedly 
offered  their  mediation,  and  im- 
VOL.  III.  39 


portunately  urged  upon  the  Turk ,  its 
acceptance.  They  had  met  with 
uniform,  prompt  and  sturdy  rejec- 
tion from  him,  and  they  had  chosen 
to  place  their  interposition  itself  up. 
on  a  basis,  which  gave  him  the  de- 
cided advantage  of  the  argument 
over  them,  in  the  discussion.  What 
else  could  they  then  have  expected, 
than  such  an  event  as  the  collision 
of  Navarino  ? 

Still  more  extraordinary  was  it 
to  the  ears  of  Christendom  to  hear 
a  British  king,  in  a  speech  to  his 
parliament,  style  the  execrable  and 
sanguinary  head  of  the  Ottoman 
race,  his  ancient  ally ;  and  denomi- 
nate a  splendid  victory,  achieved 
under  the  command  of  a  British 
admiral,  in  the  strict  and  faithful 
execution  of  his  instructions,  an 
UNTOWARD  event.  But  the  last 
member  o/  the  paragraph  from  his 
majesty's  speech,  which  we  have 
quoted,  to  those  accustomed  to  the 
mystifications  of  royal  speeches 
and  diplomatic  defiances,  explained 
these  apparent  disparates.  He  de- 
clares the  great  objects  to  which  all 
his  efforts  have  been  directed,  and 
of  which,  while  adhering  to  his  ar- 
rangements,  he  will  never  lose  sight, 
are  the  termination  of  the  contest 
Between  the  hostile  parties;  the 
permanent  settlement  of  their  f  u- 
ture  relations  to  each  other,  and 
the  maintenance  of  ike  repose  of 
Europe,  upon  the  basis  on  which  it 
has  rested  since  the  last  general 
peace. 


306 


ANNUAL  REGISTER,  1827-8-9. 


And  where  is  the  protection  to 
the  commerce  of  his  majesty's 
subjects  !  and  where  is  the  deter- 
mination to  launch  all  the  thunders 
of  Britain  at  half  a  dozen  skulking 
piratical  cockboats,  driven  by  the 
desperation  of  famine  to  seek  the 
subsistence  of  plunder,  assigned  in 
the  protocols,  the  treaty,  and  the 
communications  to  the  Ottoman 
Porte,  as  the  great  objects  of  his 
majesty's  interference  between  a 
legitimate  sovereign  and  his  revolt- 
ed rayahs  1  They  all  have  disap- 
peared, and  given  place  to  the 
maintenance  of  the  repose  of  Eu- 
rope upon  the  basis  of  the  last  ge- 
neral peace,  or,  in  other  words,  to 
the  design  that  Russia  shall  obtain 
no  accession  of  power,  by  the 
emancipation  of  Greece. 

In  all  these  documents,  issuing 
from  the  profound  and.  magnani- 
mous policy  of  the  British  warrior 
statesman,  nothing  is  more  re- 
markable, than  the  more  than 
stoical  apathy  with  which  they  re- 
gard the  cause,  for  which  the  Greeks 
are  contending;  the  more  than 
epicurean  indifference  with  which 
they  witness  the  martyrdom  of  a 
whole  people,  perishing  in  the  re- 
covery of  their  religion  and  liberty. 
In  the  annals  of  human  glory,  £ 
has  happened  once  before  to  the 
people  of  Greece,  to  be  liberated 
from  the  dominion  of  a  tyrant,  by 
the  interposition  of  foreign  armies  ; 
and  what  schoolboy  of  ingenuous 
heart  has  ever  read,  without  feel- 
ing  the  tear  of  joy  and  exultation 


steal  down  his  cheek,  the  descrip- 
tion by  the  Roman  historian  of  that 
moment,  when,  in  the  presence  of  all 
Greece  assembled  at  the  Isthmian 
games  of  Corinth,  the  sound  of  the 
trumpets  was  succeeded    by  the 
voice  of  the  Herald,  proclaiming 
in  the  centre  of  the  amphitheatre, 
(where  the  games  were  about  to 
commence,  by  the  recitation  of  a 
poem,) that  "the  Roman  senate  and 
"  Titus    Quintius  Flamininus  the 
"general  and    proconsul    having 
"vanquished   Philip,   king  of  the 
"  Macedonians,  take  off  all  imposi- 
"  tions,  and  ordain,  that  the  Corin- 
"thians,  Phocians,  Locrians,  Eu- 
"bceans,  and    all   the   people   of 
"  Greece,  shall  henceforth  be  free, 
"independent,    and  governed  by 
"  their  own  laws" — who,  at  the  dis- 
tance of  two  thousand  years,  and  of 
five  thousand  miles,  can  peruse  the 
historic  records  of  that  day,  without 
sharing  in  the  ecstacy  of  that  univer- 
sal burst  of  gratitude,  wonder  and  ad- 
miration, from  the  assembled  multi- 
tude who  heard  this  proclamation  ? 
And  who  with  this  scene  impressed 
from  the  days  of  boyhood  upon  his 
memory,  can  avoid  the  comparison 
of  the  Roman  proclamation,  with 
the  protocol  of  St.  Petersburg,  the 
treaty  of  London,  and  the  speech 
of  the  British  king ;  or  the  con- 
trast between  Titus  Quintius  Fla- 
mininus,  and  the  Duke  of  Welling- 
ton? 

The  royal  speech  of  January, 
1828,  indicates  that  in  the  protocol 
and  in  the  treaty,  the  government 


RUSSIA. 


30*< 


of  George  IV.  had  outwitted  them- 
selves,  and  were  the  dupes  of  their 
own  policy.  It  presents  the  sin- 
gular spectacle  of  a  sovereign, 
wincing  at  the  success  of  his  own 
measures,  and  repining  at  the  tri- 
umph of  his  own  arms.  From  that 
time  the  partialities  of  England  in 
favour  of  her  ancient  ally,  have  been 
little  disguised  ;  and  the  disposition 
to  take  side  with  the  Porte  has  only 
been  controlled,  by  the  unwelcome 
necessity  of  adhering  to  the  faith 
of  treaties.  Had  a  plausible  pre- 
text existed  for  interdicting  the 
Emperor  Nicholas  from  the  vindi- 
cation of  his  rights  by  war,  it  would 
undoubtedly  have  been  seized. 
There  was  none.  Before  the  de- 
claration was  issued,  the  motives 
for  it  were  fully  explained  to  the 
cabinet  of  London  ;  and  the  ne- 
cessity for  that  declaration  was  ex- 
plicitly acknowledged  in  the  king's 
speech,  upon  closing  the  session  of 
parliament  on  the  succeeding  28th 
of  July. 

The  declaration  of  war,  reca- 
pitulated all  the  causes  which  had 
rendered  it  necessary  for  Russia  to 
come,  reluctantly,  to  that  last  resort. 
The  continual  violations  by  the 
Porte  of  the  treaty  of  Bucharest — 
the  repeated  forbearance  of  Russia 
to  take  into  her  own  hands  the  jus- 
tice, which  she  had  at  all  times 
been  able  to  exact;  the  special 
proofs  of  the  moderation  of  the 
Emperor  Alexander,  in  substituting 
negotiation  instead  of  force  in 


1806  ;  his  deference  to  the  wishes 
of  his  European  allies,  for  the  pre- 
servation of  the  general  peace  in 
1822  ;  his  ultimate  protest  to  the 
Ottoman  government  in  October, 
1825  ;  the  renewal  of  negotiation 
immediately  after  the  accession  of 
Nicholas  ;  the  convention  of  Ac- 
kerman,  merely  to  secure  the  ful- 
filment of  the  treaty  of  Bucharest ; 
and  the  diplomatic  mission,  imme- 
diately afterwards,  of  Mr.  Ribeau- 
pierre  to  Constantinople,  were  all 
set  forth  in  full  relief.  To  these 
were  added  a  charge,  that  in  the 
negotiation  of  the  recent  peace 
with  Persia,  the  Shah  had  been 
tempted  by  promises  of  a  diversion 
by  the  Ottoman  Porte  to  break  off 
from  engagements,  to  which  he  had 
already  given  his  assent.  The 
declaration  further  stated,  that  Rus- 
sia  had  testified  her  disapprobation 
of  the  enterprise  of  Prince  Ypsi- 
lanti  ;  and  had  united  with  other 
European  powers  in  offering  to  the 
Porte,  their  joint  mediation  to  pacify 
the  insurrection  in  the  Morea,  "  by 
an  equitable  combination  with  the 
integrity,  the  repose,  and  the  true 
interests  of  the  Ottoman  empire." 
It  referred  to  the  unyielding  obsti- 
nacy, with  which  the  Porte  had 
resisted  these  offers,  and  to  the  trea- 
chery tohis  word  of  the  commander 
of  the  Ottoman  troops,  which  had 
precipitated  the  battle  of  Navari* 
no ;  the  necessary  "result  of  evident 
breach  of  faith  and  open  attack." 
After  this  exposition  of  the 


308 


ANNUAL  REGISTER,  1827-8-6. 


wrongs,which  dictated  the  recourse 
of  the  Emperor  Nicholas  to  arms, 
the  declaration  explicitly  disclaim- 
ed  the  indulgence  of  hatred  to  the 
Ottoman  power,  or  having  contem- 
plated its  overthrow,  according  to 
the  accusation  of  the  divan  ;  disa- 
vowed all  ambitious  plans,  averring 
that  countries  and  nations  enough 
were  already  subject  to  the  laws  of 
Russia,  and  cares  enough  were 
united  with  the  extent  of  his  do- 
minions. It  gave  notice,  that  the 
war  brought  on  by  Turkey  would 
impose  upon  her,  the  burden  of 
making  good  all  the  expenses 
caused  by  it,  and  the  losses  sus- 
tained by  Russian  subjects.  That 
being  undertaken  for  the  purpose 
of  enforcing  the  treaties,  which  the 
Porte  considered  as  no  longer  ex- 
isting, it  would  aim  at  enforcing 
their  observance  and  efficacy. 
That,  induced  by  the  imperative 
necessity  of  securing,  for  the  fu- 
ture,  inviolable  liberty  to  the  com- 
merce of  the  Black  sea  and  the 
navigation  of  the  Bosphorus,  it 
would  be  directed  to  this  object, 
equally  advantageous  to  all  the  Eu- 
ropean states. 

Till  he  should  have  attained 
these  objects,  the  Emperor  decla- 
red, he  would  not  lay  down  his  arms; 
and  that  he  expected  them  from 
the  benediction  of  him,  to  whom 
justice  and  a  pure  conscience  have 
never  yet  appealed  in  vain. 

The  letter  of  Count  Nesselrode 
to  the  Grand  Vizier,  which  accom- 


panied this  declaration,  inlbrmed 
him,  that  if  plenipotentiaries  from 
the  Sultan  should  present  them- 
selves at  the  head  quarters  of 
the  commander.in-chief  of  the 
Russian  army,  they  would  meet 
with  the  best  reception — that  is  to 
say,  if  the  Porte  should  send  them 
with  the  sincere  intention  of  re- 
newing and  restoring  the  conven- 
tions that  subsisted  between  the 
two  empires ;  of  acceding  to  the 
terms  of  6th  July,  1827,  between 
Russia,  England  and  France ;  of 
providing  for  ever  against  the  re- 
currence of  those  acts,  which  had 
given  the  Emperor  just  grounds 
for  war  ;  and  of  making  good  the 
losses  caused  by  the  measures  of 
the  Ottoman  government,  as  well 
as  the  expenses  of  the  war,  which 
would  be  in  proportion  to  the  dura- 
tion of  the  hostilities.  That  the  Em. 
peror  would  not,  indeed,  be  able 
to  stop  the  progress  of  the  military 
operations  during  the  negotiations 
to  be  opened  for  this  purpose  ;  but 
he  felt  convinced,  that  with  his 
moderate  views  they  would  speed! . 
ly  lead  to  the  conclusion  of  a  dura- 
ble peace,  the  object  of  his  most 
ardent  wishes. 

The  answer  of  the  Ottoman 
Porte  to  the  Russian  declaration  of 
war  is  a  document,  the  style  and 
principles  of  which  betray  its  origin. 
It  is  manifestly  the  production  of 
a  European  hand.  Far  from  be- 
ing like  the  Hatti  Sheriff  of  the  20tk 
December,  an  appeal  to  the  Otto- 


RUSSIA. 


300 


man  people,  a  bold  and  candid 
avowal  of  the  precepts  of  the  Ko- 
ran ;  it  is  an  utter  departure  from 
them,  and  an  assumption,  equally 
shameless  and  hypocritical,  of  ar- 
gument on  Christian  grounds.  It 
begins  with  a  pious  and  philosophi- 
cal disquisition  upon  the  means  of 
preserving  order  in  the  world,  and 
the  repose  of  nations,  which  it  says 
consist  in  the  good  understanding 
between  sovereigns,  to  whom  the 
Supreme  Master,  in  the  plenitude 
of  his  mercy,  has  intrusted,  as  ser- 
vants of  God,  with  absolute  and 
unlimited  power,  the  reins  of  go- 
vernment and  the  administration  of 
the  affairs  of  their  subjects*  It 
infers,  that  the  solid  existence  and 
maintenance  of  this  order  of  things 
essentially  depend  upon  the  fulfil- 
ment of  engagements  between 
sovereigns; — and  it  praisesGod,  that 
the  Sublime  Porte,  since  the  com- 
mencement of  her  existence,  has 
observed  these  salutary  principles 
more  than  any  other  power ;  ac- 
cording to  the  pure  and  sacred  law 
of  the  religion,  which  Mussulmen 
observe  in  peace  as  well  as  war. 
It  appeals  to  the  knowledge  of  the 
whole  world,  that  this  inviolate  re- 
gard of  the  Porte  for  her  engage- 
ments has  been  doubly  inviolate  in 
her  performance  of  all  those  con- 
tracted by  treaties  with  Russia ;  and 
that  Russia  has  now,  without  mo- 
tive, disturbed  the  existing  peace, 
declared  war,  and  invaded  the  ter- 
ritory of  the  Sublime  Porte. 


It  then  enumerates  the  charges 
against  the  Porte,  contained  in  the 
Russian  declaration  ;  pronounces 
them  a  series  of  vain  inculpations, 
destitute  of  all  real  foundation j 
and  undertakes  to  refute  each  of 
them  by  a  reply  founded  on  equity 
and  justice,  as  well  as  the  real 
state  of  the  facts. 

To  the  charge  of  never  having 
executed  the  stipulations  promised 
by  the  Porte*  in  the  treaty  of 
Bucharest,  the  reply  is,  that  the 
war>  which  was  terminated  by  that 
treaty  was  commenced  by  Russia 
herself.  That  it  had  been  al- 
together unprovoked  on  the  part  of 
Turkey,  and  that  the  Porte  impo- 
sed a  sacrifice  on  herself,  and  sign- 
ed the  treaty  of  Bucharest,  purely 
from  a  natural  repugnance  to  war 
and  the  shedding  of  blood. 

It  retorts  upon  Russia  the  charge 
of  having  broken  the  treaty  of 
Bucharest ;  complains  that  she  had 
refused  to  execute  an  agreement 
to  renew  the  tariff  every  two  years  ; 
affirms  that  the  Servians  had  for- 
feited the  right  to  the  advantage  of 
the  treaty,  by  a  subsequent  revolt, 
which  the  Porte  had  only  exercised 
the  right  of  sovereignty  in  punish- 
ing ;  affirms  that  although  the  de- 
mands and  pretensions  of  the  Rus- 
sian envoy,  Baron  Strogonoff,  for 
the  execution  of  the  treaty  are 
very  unreasonable,  yet  the  Porte 
had  consented  to  discuss  them  in 
conferences,  which  were  going  on 
when  the  great  insurrection  broke 


310 


ANNUAL  REGISTER,  1827-9-9. 


out ;  and  that  occasioned  obstacles 
notoriously  calculated  to  retard 
their  conclusion. 

It  proceeds  with  a  long  narrative 
of  the  insurrection  of  Greece,  in- 
stigated by  the  accursed  proclama- 
tions of  the  fugitive  Ypsi\anti ;  is- 
feuing  from  Russia,  to  invade  pub- 
licly and  unexpectedly  Moldavia, 
at  the  head  of  a  troop  of  Rebels — 
accuses  Russia  of  having  refused 
to  deliver  him  up,  after  his  defeat, 
together  with  the  Hospodar  of 
Moldavia,  Michael  Sutza,  both  of 
them  having  taken  refuge  within 
the  Russian  territory.  For  this 
refusal,  it  says,  Russia,  contrary  to 
all  diplomatic  rules,  alleged  the 
pretext  of  humanity  ;  though  be- 
tween allied  powers,  there  can  be 
no  greater  humanity  than  fidelity 
to  treaties. — It  refers  to  further 
negotiations ;  the  opinion  upon 
them,  of  Lord  Strangford,  and  the 
satisfaction  of  Minziacki,  until  he 
presented  an  official  note  in  the 
name  of  his  court,  demanding  that 
plenipotentiaries  should  be  sent  to 
the  frontiers,  to  explain  the  treaty 
of  Bucharest. — It  states  that  the 
Ottoman  plenipotentiaries  sent  to 
the  frontiers,  were  "  artfully  drawn 
by  Russia,  as  far  as  Ackerman  ;" 
admits  that  the  basis  agreed  upon, 
tvas  the  principle  of  not  departing 
from  the  circle  of  the  treaties,  and 
not  altering  or  changing  the  sense 
of  the  stipulations.  But  it  avers, 
that  after  some  meetings,  the  Rus- 
sian Plenipotentiaries  presented, 


contrary  to  the  agreement,  a  detached 
document,  under  the  title  of  "  ulti- 
matum," and  obstinately  refused  to 
close  the  negotiation  upon  any 
other  terms. 

Finally,  it  asserts  that  the  motive 
of  the  Sublime  Porte  for  acceding 
to  the  treaty  of  Ackerman,  was  an 
official  declaration  of  the  Russian 
plenipotentiaries,  in  the  name  of 
their  court,  that  Russia,  consider- 
ing the  Greek  question  to  be  an  in- 
ternal affair,  belonging  to  the  Sub- 
lime Porte,  would  not  mix  herself 
in  any  way  therewith  ;  and  that 
this  declaration  was  entered  in  the 
protocols  kept  according  to  custom, 
by  both  parties.  But  it  acknow- 
ledges that  when  afterwards  the 
treaty  of  the  6th  of  July,  1827, 
was  communicated  to  the  Porte, 
M.  de  Ribeaupierre,  who  at  Acker- 
man,  had  been  the  second  of  the 
Russian  plenipotentiaries,  who  had 
officially  announced  that  Russia 
would  not  interfere  with  the  Greek 
question,  was  present  at  Constanti- 
nople ;  and  that  notwithstanding 
the  existence  of  the  protocol,  the 
declaration  was  denied. 

It  declares  that  even  the  fatal 
event  of  Navarino,  an  event  un- 
heard of,  and  unexampled  in  the 
history  of  nations,  still  made  no 
change  in  the  amicable  relations  of 
the  Sublime  Porte  ;  but  that,  not 
content  with  the  concessions  which 
the  Sublime  Porte  might,  from  re- 
gard  solely  to  the  three  powers, 
and  without  any  further  addition, 


RUSSIA. 


311 


grant  to  the  country,  still  in  rebel- 
lion, the  Russian  envoy  departed 
from  Constantinople,  without  mo- 
tive or  reason. 

The  manifesto  then  affirms,  that 
if  the  Sublime  Porte  were  to  detail 
her  numerous  complaints,  and  in. 
sist  upon  her  just  righi,  each  of  the 
above  points  would  become  in  it- 
self a  special  declaration.  That 
the  Porte  from  mere  friendship  and 
good  neighbourhood,  had  abstained 
from  charging  upon  Russia  the 
origin  of  the  Greek  insurrection, 
although  such  had  been  from  the 
beginning  her  opinion  ;  which  all 
subsequent  events  had  confirmed. 
That  of  this  generous  forbearance 
of  the  Porte,  Russia  had  taken  no 
account  ;  but  that  the  more  mild 
and  condescending  the  Porte  had 
been  to  Russia,  still  the  more 
haughty  and  hostile  Russia  had 
been  in  return.  It  was  natural, 
therefore,  that  Mussulman  should 
attribute  such  conduct  to  inveterate 
enmity,  and  that  it  should  excite 
the  ardour  of  Islamism  in  their 
minds. 

With  regard  to  the  Hatti  Sheriff 
of  the  20th  of  December,  summon- 
ing the  whole  Ottoman  nation  to 
arms  against  Russia,  the  sultan 
now  thinks  proper  to  say,  that  it 
was  only  a  proclamation  which  the 
Sublime  Porte,  for  certain  reasons, 
circulated  in  its  states  ;  an  inter- 
nal transaction,  of  which  the  Sub- 
lime Porte  alone  knows  the  motives, 
and  that  the  language  held  by  a 


government  to  its  own  subjects 
cannot  be  a  ground  for  another 
government  to  pick  a  quarrel  with 
it — especially,  as  the  Grand  Vizie* 
had,  immediately  after  the  depar- 
ture of  the  Russian  envoy,  written 
a  letter  to  the  prime  minister  of 
Russia,  declaring  the  desire  of  the 
Sublime  Porte  still  to  maintain 
peace.  That  if  Russia  had  con- 
ceived suspicions,  from  the  Sultan's 
address  to  his  subjects,  she  might 
have  applied  amicably  to  the  Porte 
to  ascertain  the  truth,  and  clear  up 
her  doubts.  That,  far  from  this, 
perhaps  even  without  taking  into 
consideration  the  correct  informa- 
tion  transmitted  on  the  subject,  by 
the  representatives  of  other  friend, 
ly  powers,  who  remained  at  Con- 
stantinople, she  hastened  to  class 
that  proclamation  among  the  num- 
ber of  her  complaints  and  pretexts : 
And  she,  therefore,  was  the  party 
who  must  have  concluded  the  trea- 
ty of  Ackerman,  with  a  mental  re- 
servation. 

The  seizure  of  the  cargoes  of 
Russian  vessels  at  Constantinople, 
is  justified  upon  the  plea  of  neces- 
sity,, arising  from  the  blockade  of 
the  allies,  to  interrupt  the  provisions 
destined  for  the  Ottoman  troops  in 
the  Morea.  The  corn  of  the  Rus- 
sian merchants  was  purchased  at 
the  market  price,  for  the  subsist, 
ence  of  Constantinople,  and  was 
paid  for.  This  measure  was  ac- 
cording  to  approved  practice  here- 
tofore ;  and  the  Russians  had  no 


312 


ANNUAL  REGISTER,  1827-8-9. 


right  to  complain,  for  it  affected 
the  merchants  of  other  friendly  na- 
tions as  well  as  themselves.  Of 
the  stopping  of  the  passage  of  the 
Bosphorus,  nothing  is  said  But 
the  reproach  of  having  excited  Per- 
sia  against  Russia,  is  declared  to  be 
a  pure  calumny. 

As  to  the  two  principalities  of 
Moldavia  and  Wallachia,  it  is  to  the 
pretended  protection  of  Russia,  that 
they  owe  their  ruin.  Witness  the 
invasion  of  Ypsilanti,  and  the  un- 
just inroad  of  the  Russian  army,  in 
contempt  of  treaties — and  yet  they 
are  not  ruined,  for  it  was  very  easy 
for  the  Sublime  Porte  to  cause  her 
victorious  troops  to  enter  the  two 
principalities,  after  she  knew  that 
Russia  was  prepared  to  invade 
them  ;  but  never  having  at  any  time 
permitted,  contrary  to  the  divine 
law,  the  least  vexation  towards  her 
subjects ;  she  spared  the  misfor- 
tunes of  the  inhabitants,  and  ab- 
stained from  extending  to  them  her 
protection. 

In  conclusion,  the  Sublime  Porte 
makes  this  declaration,  that  none 
may  have  any  thing  to  say  against 
her.  Her  grave  causes  of  com- 
plaint against  Russia,  are  as  clear 
as  the  sun  ;  and  Russia  has  decla- 
red war  against  the  Ottoman  go- 
vernment, without  motive  or  neces- 
sity. 

"  The   Sublime    Porte,   exempt 


from  every  kind  of  regret,  respect- 
ing the  means  of  resistance  which 
th«  Mussulman  nation  will  employ  ; 
relying  upon  the  divine  assistance, 
and  acting  in  conformity  with  the 
holy  law,  clears  her  conscience  of 
an  event  which  will  occasion,  now 
and  henceforward,  trouble  to  so 
many  beings,  and  perhaps  may 
shake  the  tranquillity  of  the  whole 
world." 

We  pause  at  the  pathetic  and  af- 
fecting sentiment  of  this  closing  pa- 
ragraph. How  soothing  must  it  be 
to  the  friends  of  benevolence  and 
humanity,  to  see  the  most  despotic, 
the  most  ferocious  and  ruthless  of 
human  beings,  the  Sultan  butcher* 
of  the  Turks,  pleading  his  cause 
before  the  tribunal  of  Christian 
public  opinion,  and  professing  anx- 
iety to  clear  his  conscience  of  an 
event  which  must  cause  trouble  to 
his  fellow  creatures,  and  disturb 
the  peace  of  the  world ! 

In  reviewing  the  two  manifestos, 
this  is  the  most  striking  and  the 
most  pleasing  feature  common  to 
them  both  ; — the  extreme  solici- 
tude of  each  party,  to  make  a  case 
which  will  abide  the  impartial  judg- 
ment of  civilized  man  ; — the  labo- 
rious effort  to  avert  from  itself  the 
censure  of  impartial  justice.  The 
war  is  closed.  The  fiat  of  Heaven, 
so  far  as  it  can  be  gathered  from 
the  event,  has  pronounced  sentence 


*  "  The  Manslayer"  is  one  of  the  regular  titles  of  the  Sultan,  among  his  own  people. 
—See  Upham's  History  of  the  Ottoman  Empire,  vol.  2,  p.  281. — See  aleo,  Howe's 
sketch  of  the  Greek  Revolution,  p.  160. 


RUSSIA. 


of  victory  on  the  Christian  side. 
The  Balkan  has  bowed  his  head  to 
the  triumphant  march  of  the  Rus- 
sian arms,  and  the  city  of  Constan- 
tino has  been  prepared  to  shout 
once  more,  "  open  your  doors,  ye 
everlasting  gates,  and  the  King  of 
Glory  shall  come  in." 

Not  yet,  however,  are  we  to  wit- 
ness this  consummation  devoutly  to 
be  wished.  In  the  moment  of  his 
triumph,  the  Christian  champion 
has  stayed  his  hand.  A  respite  has 
been  granted  to  the  malefactor  na- 
tion, and  the  opportunity  once  more 
offered  to  the  blood-polluted  race 
of  Osman,  of  living  surrounded  by 
Christian  communities  in  peace, 
and  the  interchange  of  commerce 
and  of  good  will. 

But  in  a  moral  and  religious,  as 
well  as  in  a  literal  sense,  the  race  is 
not  always  to  the  swift,  nor  the  battle 
to  the  strong.  Success  is  not  always 
the  test  of  right,  nor  is  the  standard 
of  justice  always  crowned  with  vic- 
tory. Let  us  then  observe  the  ma- 
terial allegations  of  the  two  mani- 
festoes, and  comparing  them  with 
facts  otherwise  notorious,  ascertain 
how  they  respectively  stand  at  the 
bar  of  justice,  in  accounting  for  this 
war. 

The  Russian  declaration,  in  re- 
verting to  the  causes  of  the  war, 
presents  them  as  arising  from  the 
perseverance  of  the  Porte,  in  vio- 
lating all  her  engagements  con- 
tracted by  the  treaty  of  Bucharest ; 
the  arbitrary  seizure  of  the  Bus- 

VOL.  III. 


sian  vessels  and  cargoes  after  the 
battle  of  Navarino ;  the  stopping 
of  the  passage  of  the  Bosphorus  ; 
and  the  summons  by  the  Sultan  of 
the  whole  Ottoman  people  to  arms 
against  Russia,  with  the  avowal 
contained  in  it,  of  perpetual  hatred 
to  the  Russians,  and  that  he  had 
signed  the  treaty  of  Ackerman,  only 
as  a  tempdrary  expedient,  without 
intending  to  carry  it  into  execution. 
There  is  a  charge  added,  that  the 
peace  with  Persia  had  been  nearly 
broken  off  at  the  point  of  its  con- 
elusion,  by  the  lure  held  out  to  the 
Schah,  of  an  Ottoman  diversion  in 
his  favour. 

The  Turkish  answer  denies  no 
part  of  the  facts  stated  by  the  Rus- 
sian  declaration,  excepting  the  in- 
terference in  the  negotiation  with 
Persia ;  which  it  pronounces  a  pure 
calumny  ;  admitting,  however,  that 
some  of  the  Turkish  Pashas  border- 
ing upon  Persia,  were  at  the  time, 
arming  for  war.  Its  defence  against 
all  the  essential  parts  of  the  Russian 
manifesto,  is  recrimination.  It 
goes  back  for  matter  of  reproach 
beyond  the  peace  of  Bucharest,  by 
affirming  that  Russia  had  declared 
the  war,  to  which  that  treaty  put  an 
end.  This  was  not  in  issue  be- 
tween the  parties,  and  would  lead 
us  beyond  the  reach  of  this  inqui- 
ry. The  treaty  of  Ackerman,  con- 
cluded in  1826,  was  professedly  ex- 
planatory of  all  the  contested  points 
relating  to  the  execution  of  that  of 
Bucharest ;  and  if  the  Porte  had 

40 


ANNUAL  REGISTER,  1827-8-9. 


then  any  cause  of  complaint,  for  the 
inexecution  on  the  part  of  Prussia 
of  her  engagements,  that  was  the 
time  to  have  brought  them  forward. 
There  is  not,  as  has  already  been 
remarked,  the  most  distant  allusion 
to  any  such  cause  of  complaint  in 
the  treaty  of  Ackerman ;  we  may 
therefore  safely  conclude,  that 
whatever  failure  of  fulfilment  to  the 
engagements  of  Russia  at  Bucha- 
rest, may  have  occurred,  it  was 
such  as  necessarily  followed  from  a 
previous  breach  of  faith  on  the  part 
of  the  Turk.  There  is  an  effort 
in  the  Turkish  document,  to  charge 
upon  Russia  the  origin  of  the  Greek 
insurrection ;  but  it  is  not  sustained 
by  the  slightest  show  of  evidence. 
It  complains,  that  Prince  Ypsilanti, 
upon  his  irruption  into  Moldavia, 
came  from  Russia,  and  that  when, 
after  his  defeat,  he  took  refuge 
there,  Russia  refused  to  deliver 
him,  and  the  Hospodar  of  Molda- 
via, Michael  Sutzo,  up  to  the  Porte. 
It  qualifies  this  refusal,  as  a  breach 
of  treaty  ;  but  there  was  no  treaty 
between  Russia  and  the  Porte,  which 
required  that  Russia  should  deliver 
them  up  ;  and  the  plea  of  humanity, 
upon  which  she  justified  her  refu- 
sal, was  certainly  all-sufficient  to 
that  effect.  If  Russia  has  any 
thing  to  answer  for,  in  regard  to 
that  gallant  spirit,  Prince  Ypsilanti, 
it  is  assuredly  not  with  the  Porte, 
that  rests  the  just  cause  of  com- 
plaint. 

The  Sublime  Poi'te  asserts,  that 


her  plenipotentiaries  were  artfully 
drawn  by  those  of  Russia  to  Ack- 
erman ;  but  does  not  explain  what 
is  meant  by  this  insinuation. — 
Whether  the  treaty  was  signed  at 
Ackerman,  or  upon  the  frontier 
line  between  the  two  empires,  is 
perfectly  immaterial,  unless  it  were 
shown  that  the  Turkish  Plenipoten- 
tiaries at  Ackerman,  were  under 
some  influence  or  control  of  Russia, 
to  which  they  would  not  have  been 
subject  on  the  frontiers.  Of  this, 
there  is  no  pretence — and  the  sus- 
picion is  evidently  thrown  out,  mere* 
ly  to  serve  as  a  palliative  for  the 
total  disregard  of  the  treaty,  by  the 
Porte  herself. 

Another  more  direct,  and  far 
more  important  allegation,  is,  that 
the  Porte  was  induced  to  subscribe 
to  the  treaty  of  Ackerman,  solely 
by  the  official  declaration  of  the 
Russian  plenipotentiaries,  with  the 
knowledge  of  their  government ; 
that  Russia  considered  the  Grecian 
insurrection  as  entirely  an  internal 
concern  of  the  Turkish  govern- 
ment, in  which  she  could  take  no 
part ;  and  that  this  declaration 
was  inserted  in  the  common  proto- 
col of  the  negotiation  kept  by  the 
plenipotentiaries  of  both  parties. 
If  this  statement  were  true,  it  would 
not  only  have  justified  the  Porte 
for  refusing  to  execute-  the  treaty 
of  Ackerman,  but  would  have  been 
an  act  of  the  most  signal  perfidy  on 
the  part  of  Russia.  But  it  is  evi. 
dently  not  true  ;  for  if  it  had  been — 


RUSSIA. 


315 


First — The  Porte,  instead  of  a 
mere  naked  assertion  of  the  fact, 
with  an  equivocal  reference  to  the 
secret  protocol,  would  have  pro- 
duced the  entry  upon  the  protocol 
itself. 

Secondly — The  Porte  would  not 
have  failed  to  produce  this  solemn 
promise  of  Russia,  in  answer  to  the 
repeated  joint  applications  of  the 
three  ambassadors  after  the  treaty 
of  6th  July,  1827.  In  the  manifesto 
of  the  preceding  9th  of  June,  the 
Reis  Effendi  had  indeed  alleged 
that  the  Russian  agents  had  de- 
clared, that  there  should  be  no  inter- 
ference on  this  subject ;  as  it  al- 
ledged  a  previous  declaration  of  the 
same  kind,  by  the  British  ambassa- 
dor, on  his  return  from  Verona. 
But  as  the  declaration  of  Lord 
Strangford  could  only  be,  that  the 
negotiating  powers  at  Verona  had 
determined,  not  jointly  to  interpose 
between  the  Turks  and  the  Greeks 
at  the  congress ;  so  whatever  de- 
claration may  have  been  made  by 
the  Russian  plenipotentiaries  at 
Ackerman,  could  only  be  that  the 
Greek  question  was  one  upon  which 
they  had  no  authority  to  treat,  and 
in  which  the  Emperor,  in  the  ad- 
justment of  his  separate  relations 
with  the  Porte,  would  not  interfere. 
Such  a  declaration  they  were  in- 
deed bound  in  candour  to  make, 
for  it  was  perfectly  conformable  to 
the  protocol  of  St.  Petersburgh  of 
the  preceding  4th  of  April,  with 


which  the  Porte  could  scarcely  theji 
be  unacquainted. 

Thirdly — If  there  had  been  such 
an  engagement  by  the  Russian 
plenipotentiaries  at  Ackerman,  as 
the  Porte  now  pretends  ;  it  would 
not  have  been  pretermitted  in  the 
summons  to  arms  of  all  his  subjects 
by  the  Sultan,  in  the  Firman  of  the 
20th  of  December.  In  that  docu- 
ment, he  expressly  declares,  that 
he  had  subscribed  to  the  treaty  of 
Ackerman,  as  a  temporary  expedi- 
ent to  gain  time,  without  intending 
ever  to  carry  it  into  execution.  In- 
sensible as  the  disciple  of  the  Ko- 
ran may  be  to  the  obligation  of  trea- 
ties, contracted  with  infidels,  he  can. 
not  be  supposed  so  utterly  lost  to 
the  sense  of  his  own  interests,  as  to 
charge  himself  with  wilful  treache- 
ry in  the  very  case,  upon  which  he 
could  convict  the  adversary  of 
treachery  against  himself. 

Fourthly — The  manifesto  ac- 
knowledges that  Mr.  Ribeaupierre, 
the  ambassador  on  the  part  of  Rus- 
sia, who  joined  with  those  of  Great 
Britain  and  France,  in  communi- 
cating to  the  Porte  the  treaty  of 
London  of  the  fith  of  July,  1827, 
was  himself  the  second  of  the  Rus- 
sian plenipotentiaries  at  Ackerman, 
and  that  he  denied  the  existence 
of  any  such  promise  as  that  al- 
leged by  the  Porte. 

And,  finally,  the  allies  of  Russia, 
in  the  treaty  of  6th  July,  1627,  had 
been  very  reluctantly  brought  to 


ANNUAL  REGISTER,  1827-9-9. 


qnitc  with  her  in  undertaking  to 
settle  the  Greek  controversy.  Their 
constant  policy  had  been  to  pre- 
vent the  interposition  of  Russia, 
singly,  upon  that  question.  Had 
the  Porte  been  able  to  produce 
proof,  that  Russia  had  so  recently 
promised  not  to  interfere  in  it  at 
all,  they  would  readily  have  avail- 
ed themselves  of  it,  to  decline 


uniting  with  her  in  a  treaty  so 
exceedingly  unwelcome  to  the 
Porte. 

Altogether  the  evidence  i»  con- 
clusive against  the  pretension  set 
forth  in  her  last  manifesto. 

From  the  conflicts  of  the  pen, 
we  pass,  in  the  next  chapter,  to 
those  of  the  sword. 


CHAPTER  XII. 

Natural  defences  of  Constantinople — Passage  of  the  Pruth  by  the  Russian 
army — Occupation  of  Moldavia  and  \Vallachia — Siege  and  surrender 
of  Brailow — Siege  of  Varna — Investment  of  Shumla — Occupation  of 
Isaktcha — Bazardjik  and  Jenibazar — Attack  on  the  Russian  redoubts 
by  Hussein  Pasha — Evacuation  of  Eski  Stamboul — The  Emperor 
Nicholas  leaves  the  camp  before  Shumla — repairs  to  Varna — to  Odessa 
— Attack  of  the  Russian  positions  before  Shumla,  by  Hussein  Pasha 
and  Hali  Pasha — defeated — Operations  of  the  Russian  fleet  before 
Varna — Sortie  of  the  TurTts — Prince  Menzikojf  disabled — Command  of 
the  siege  transferred  to  Count  Woranzoff — Levy  of  4  men  in  500, 
by  the  Emperor  Nicholas — Loan  in  Holland — He  returns  to  Varna — 
Progress  of  the  siege — Surrender  of  Yussuf  Pasha  and  of  Varna — 
Russian  camp  before  Shumla  raised — The  EmperorNicholas  embarks  for 
Odessa — in  danger  of  shipwreck — returns  to  St.  Petersburg — Operations 
in  Moldavia  andWallachia — Siege  of  Silistria — Attack  by  the  Seraskier 
of  Widdin  upon  Gen.  Geismar  at  Crazoi — defeated — Geismar  takes 
Kalafat — Retreat  of  Wittgenstein  from  Shumla — Siege  of  Silistria 
— raised — Wittgenstein  goes  into  winter  quarters  at  Jassy — his  resig- 
nation— Count  Diebitch  appointed  to  the  command  of  the  army — Cam- 
paign in  Asia — Siege  and  surrender  of  Kars — of  Poti — of  Akhalkali 
— of  Tcherursy — of  Akhaltzik — Diversion  attempted  by  the  Pasha  of 
Moresch — defeated — Pashalik  of  Bayazid  occupied  by  the  Russians — 
Naval  operations — Anapa  taken  by  Admiral  Greig — he  proceeds  to 
Varna — Russian  squadrons  in  the  Mediterranean — Admirals  Hayden 
and  Ricord — Blockade  of  the  Dardanelles — Death  of  the  Empress 
Mother  of  Russia. 

THE  natural  defences  of  Con-  the  treaty  of  Bucharest,  the  boun- 
stantinople  from  the  approaches  of  dary  between  the  two  empires, 
a  Russian  force  are,  the  Black  Sea,  The  province  of  Bessarabia  ex- 
the  Danube,  and  the  Balkan  moun-  tends  in  a  northern  and  northeast- 
tains.  From  the  mouths  of  the  erly  direction  from  Kilia  at  the 
Danube,  following  the  almost  semi-  northern  mouth  of  the  Danube  to 
circular  curvature  of  the  Euxine  Ackerman,  on  the  banks  and  south- 
shore,  the  distance  to  the  Bospho-  ern  side  of  the  Dniester.  The 
rus  is  about  four  hundred  miles,  principalities  of  Moldavia  and  Wai- 
The  Danube,  at  its  mouth,  is,  since  lachia  are  situated  north  of  the 


318 


ANNUAL  REGISTER,  1827-8-9. 


Danube ;  the  latter,  bounded  by  that 
river  to  the  south,  and  Hungary  to 
the  north ;  the  former  between  the 
Russian  province  of  Bessarabia, 
and  the  Carpathian  mountains. 
Bulgaria  extends  south  of  the  Da- 
nube to  the  range  of  the  Balkan  ; 
between  which  and  Constantinople 
the  plains  of  Roumelia  only  are  in- 
terposed. On  the  left  bank  of  the 
Danube,  near  the  central  point  at 
which  the  four  provinces  of  Bes- 
sarabia, Moldavia,  Bulgaria  and 
Wallachia  meet,  and  within  the  bor- 
ders of  this  last,  stands  the  fortress 
pf  Ibrail  or  Brailow.  Thence,  as- 
cending the  river,  and  on  its  south- 
ern borders,  are  situated  in  suc- 
cession, the  strong  places  of  Hirso- 
wa  or  Kirsova,  Silistria,  and  Rus- 
tshuk.  At  about  half-way  distance 
between  the  mouths  of  the  Danube 
and  Constantinople  is  the  fortified 
city  and  seaport  of  Varna,  and  on  the 
Black  sea,  and  inland,  distant  from 
it  about  twenty  miles,  the  still  more 
fortified  place  of  Schumla,or  Shum- 
la,  in  a  valley,  between  two  lofty 
hills.  Along  the  shores  of  the  Eux- 
ine,  and  on  the  southern  banks  of 
the  Danube,  are  a  number  of  other 
places,  more  or  less  fortified,  but 
not  suited  to  sustain  a  siege,  or 
arrest  the  progress  of  an  army. 

Immediately  after  the  Russian 
declaration  of  war  on  the  7th  of 
May,  1828,  an  arrny  of  115,000 
men,  commanded  by  Count  Witt- 
genstein, which  had  been  for  some 
time  assembling  in  Bessarabia, 


commenced  its  march  in  three  di- 
visions ;  the  right  wing,  com- 
manded by  General  Roth  ;  the 
centre*  by  the  Grand  Duke  Mi- 
chael, the  Emperor's  brother;  and 
the  left,  by  General  Rudzewitch. 
The  first,  in  a  few  days,  occupied 
the  principalities  of  Moldavia  and 
Wallachia,  without  meeting  any 
opposition.  The  centre,  after 
passing  the  Pruth,  and  taking  Ga- 
lacz,  proceeded  to  besiege  Brailow, 
a  place  highly  important  as  one  of 
the  passes  of  the  Danube,  and  by 
its  locality  at  once  a  key  to  the 
four  provinces.  While  they  were 
before  this  place,  the  left  division 
had  passed  the  Danube  near  Ismail, 
and  successively  taken  Isaktchi, 
Kirsova,  Tulcza,  Kustandji  and 
Anapa ;  the  two  latter  places  on 
the  Black  sea.  The  siege  of 
Brailow  commenced  on  the  15th  of 
May  ;  and  it  surrendered  on  the 
18th  of  June,  after  an  obstinate 
defence,  and  with  the  loss  of  seve- 
ral thousand  men  on  both  sides. 
After  the  siege  had  continued  a 
month,  the  Russians  having  effect- 
ed a  breach,  the  Grand  Duke  Mi- 
chael directed,  on  the  15th,  a 
storm.  Three  mines  were  to  be 
sprung  at  once,  as  the  signal  for 
the  assault.  One  of  the  mines  ex- 
ploding prematurely,  killed  the  offi- 
cer who  was  to  fire  the  second, 
which  consequently  failed  of  being 
sprung.  The  third  exploded  ;  .and 
the  assault  was  made.  A  party 
on  the  right  succeeded  in  scaling 


RUSSIA  AND  TURKEY. 


319 


the  walls  ;  but  not  being  supported, 
were  all  killed,  excepting  one  su- 
baltern officer,  who  threw  himself 
into  the  Danube.  On  the  left,  the 
resistance  of  the  Turks  was  effec- 
tive ;  and  the  Russians,  after  a 
sanguinary  conflict,  were  repelled. 
The  Turks  made  six  desperate 
sallies  against  the  Russian  works, 
but  were  driven  back  with  great 
slaughter.  Two  major  generals, 
and  six  hundred  and  forty  men 
slain  ;  one  general,  three  colonels, 
ninety-one  commissioned  officers, 
and  thirteen  hundred  and  forty  su- 
balterns and  privates,  wounded,  are 
acknowledged  in  the  Russian  bulle- 
tin as  their  loss  on  this  day.  The 
next  day,  the  mine  which  had  fail- 
ed  of  exploding  on  the  15th,  was 
sprung  by  order  of  the  Grand  Duke 
Michael ;  and  on  the  17th,  the 
commandant  of  the  place  sent  to 
ask  an  armistice  of  ten  days,  pro- 
mising, if  not  relieved  within  that 
time,  to  surrender.  Twenty-four 
hours  only  were  allowed  him,  at 
the  end  of  which  the  place  was 
given  up  ;  and  the  remnant  of  the 
garrison,  which  had  originally  been 
of  twelve  thousand  men,  but  now 
reduced  to  less  than  half  that  num- 
ber, were  allowed  to  retire  to  Si- 
listria. 

On  the  first  of  July,  the  centre 
and  left  divisions  of  the  army  were 
re-united  at  Karassou,  to  which 
the  Emperor  Nicholas  repaired  in 
person,  and  where  he  received  the 
keys  of  Brailow.  Allowing  a  short 


interval  of  repose  to  the  army,  they 
advanced  again,  and  separating  in 
two  divisions,  proceeded,  one  to 
the  siege  of  Varna,  and  the  other 
to  the  investment  of  Shumla ; 
places,  which,  in  the  preceding 
wars,  had  always  arrested  the  pro- 
gress of  the  Russian  armies,  and 
had  never  been  taken.  Shumla 
had  resisted  the  attacks  of  Mar- 
shall RomanzofF,  in  1774*  and  of 
General  Kamensky  in  1810  ;  when 
it  is  said,  the  Pasha,  who  defended 
it,  with  the  characteristic  ferocious- 
ness  of  an  Ottoman  commander, 
boasted  in  his  despatches  to  the 
Sultan,  that  he  had  Russian  heads 
enough  to  build  a  bridge  from 
Shumla  te  heaven.  This  place 
was  now  provided  with  every  am. 
munition  and  material  of  war,  and 
garrisoned  with  forty  thousand  men, 
commanded  by  Hussein  Pasha,  the 
undaunted  conqueror  of  the  Janis- 
saries. The  remainder  of  the 
campaign  was  consumed  in  opera- 
tions  before  these  two  places,  and 
in  the  siege  of  Silistria,  undertaken 
some  weeks  later  by  General  Roth. 
Of  the  three  places,  only  Varna 
was  subdued  ;  and,  at  the  close  of 
the  campaign,  the  Russian  forces 
were  compelled  to  retire  from  be- 
fore Shumla  and  Silistria,  and  to 
recross  the  Danube  for  winter 
quarters. 

On  the  8th  of  July,  they  had 
taken  possession  of  Bazardjik,  on 
the  road  to  Shumla,  where  a  large 
body  of  cavalry  was  stationed,  as 


320 


ANNUAL  REGISTER,  1827-8-9. 


the  outpost  of  Hussein  Pasha.  Af- 
ter some  slight  skirmishing,  this 
detachment  fell  back  upon  Shum- 
la.  The  main  army  of  the  Rus- 
sians then  separated  ;  one  corps 
under  General  Suchtelan,  proceed- 
ing  towards  Varna,  before  which  it 
arrived  on  the  14th,  and  the  other 
upon  Shumla,  the  height  in  front 
of  which,  it  reached  on  the  20th, 
after  having  occupied  Janibazar, 
on  the  18th.  The  seige  of  the  two 
places  at  once,  would  have  been 
hazardous,  in  the  reduced  condition 
of  the  Russian  army,  a  great  part 
of  the  park  of  artillery,  employed 
at  the  seige  of  Brailow,  having 
been  rendered  unfit  for  service  ; 
and  a  new  supply  expected  from 
Kiew,  together  with  large  rein, 
forcements,  including  the  imperial 
guard,  being  yet  far  distant.  Of 
the  two  places  the  most  important 
to  the  Russians  was  Varna,  by  its 
position  upon  the  Black  sea ;  to 
the  seige  of  which  the  fleet  could 
co-operate,  and  by  which  the  sub- 
sistence of  the  advancing  armies 
might  be  secured.  It  was  there- 
fore  determined  only  to  keep  a 
corps  of  observation  before  Shum- 
la, and  to  press  the  Siege  of  Varna, 
which  it  was  expected  would  not 
hold  out  beyond  the  month  of 
August. 

They  had,  between  the  20th  and 
27th  of  July,  driven  a  large  corps 
of  Turkish  cavalry,  posted  apon  the 
heights  in  front  of  Shumla,  back 
into  the  town.  On  the  night  be- 


tween the  27th  and  28th,  they 
threw  up  a  redoubt  in  front  of  the 
fortress,  with  a  view  to  attack  the 
Russians  upon  the  heights,  but 
were  driven  from  it  on  the  same 
day.  A  corps  of  Turkish  cavalry 
surrounded  the  extremity  of  the 
Russian  right  wing,  and  charged 
the  two  regiments  of  Chasseurs, 
which  had  there  formed  in  squares, 
while  a  simultaneous  attack  was 
made  upon  the  artillery,  on  the  left. 
They  were  repulsed  at  all  points  ; 
and  on  the  29th  the  Russians  for- 
tified the  position  they  had  occupi- 
ed upon  heights.  On  the  31st, 
General  Rudiger  established  him- 
self at  Eski-Stamboul,  south  of 
Shumla,  and  on  the  road  to  Con- 
stantinople, with  a  view  to  inter- 
cept  supplies  or  reinforcements 
from  the  capital. 

These  arrangements  being  com. 
pleted,  the  Emperor  Nicholas,  on 
the  2d  of  August,  left  the  main 
body  of  his  army  before  Shumla, 
and  proceeded  to  Varna  ;  whence, 
after  giving  the  necessary  orders 
for  the  prosecution  of  the  siege,  he 
embarked  on  the  5th,  for  Odessa, 
there  to  await  the  arrival  of  his  re- 
inforcements. 

On  the  7th,  8th,  and  15th  of  Au. 
gust,  partial  affairs  took  place  be- 
tween the  corps  of  General  Rudi- 
ger, and  detachments  of  Turkish 
cavalry  from  Shumla.  During 
this  time  he  had  strengthened 
his  position,  by  the  construction 
of  three  redoubts.  On  the  night 


RUSSIA  AND  TURKEY. 


of  the  25th,  Hussein  Pasha  made 
an  attack  upon  them  all — that  of  the 
right  wing  was  taken  by  surprise, 
almost  without  drawing  the  sword  ; 
a  heavy  gale  of  wind  having  ena- 
bled the  assailants  to  approach  it 
unperceived.  Six  hundred  men 
killed  or  wounded,  were  lost  in  this 
redoubt,  and  General  Wreda,  who 
commanded  in  it,  was  among  the 
slain.  The  assault  upon  the  second 
and  third  redoubts,  after  an  obsti- 
nate struggle,  and  repeated  attacks, 
was  repelled ;  and  the  Turks  made 
good  their  retreat  into  the  town, 
abandoning  the  redoubt  which  they 
had  carried,  and  taking  with  them 
the  six  pieces  of  cannon  they  had 
found  in  it.  In  this  affair,  the  Rus- 
sians lost,  also,  one  cannon,  the 
horses  and  men  which  served  it, 
having  been  all  killed.  A  single 
battalion  of  one  of  the  Russian 
regiments  lost,  in  killed  and  wound- 
ed, near  three  hundred  men. 
Count  Wittgenstein,  then  command- 
ing the  Russian  army,  deemed  it  no 
longer  safe  to  hold  the  position  of 
Eski  Stamboul ;  and  General  Rudi- 
ger,  by  his  order,  abandoned  it, 
and  rejoined  the  main  body  of  the 
army.  The  communications  be- 
tween the  place  and  Constantino- 
ple were  restored,  and  on  the  28th, 
a  large  reinforcement  of  men,  and 
a  plentiful  supply  of  provisions,  en. 
tered  Shumla  without  opposition. 
The  want  of  forage  began  soon 
afterwards  to  be  felt  in  the  Russian 
army,  and  the  distance  of  fifteen  or 
VOL.  III. 


twenty  miles,  to  which  their  fora- 
ging  parties  were  obliged  to  extend 
their  movements,  had  led  to  the  in- 
tention of  removing  the  head  quar- 
ters, on  the  10th  of  September, 
to  Jenibazar ;  but  on  the  9th,  at  3 
o'clock  in  the  morning,  the  Turks, 
under  the  command  of  Hussein 
Pasha  in  person,  attacked  in  force 
the  centre  and  the  left  flank  of  the 
Russian  positions.  At  the  centre, 
two  of  their  redoubts  were  suddenly 
assailed,  each  by  four  regiments  of 
regular  infantry,  with  which  were 
mingled  several  corps  of  irregular 
troops.  Three  times  before  the 
dawn  of  day,  the  Turks  reached 
the  Russian  intrenchments ;  and  as 
often  were  driven  back  from  the 
ditches,  from  which  they  finally  re- 
treated with  so  much  precipitation, 
that  they  left  their  dead  and  wound- 
ed, to  the  number  of  nearly  six 
hundred,  behind.  The  Russian  loss 
was  comparatively  very  small.. 

During  the  same  time,  Halil  Pa- 
sha, with  a  body  of  cavalry  of  3000 
men,  and  five  hundred  infantry, 
attempted  to  turn  the  left  flank  of 
the  Russians;  but  while  he  was 
winding  round  the  hill,  by  the  vil- 
lage of  Kassaply,  upon  the  heights 
of  which  two  of  the  Russian  re- 
doubts had  been  constructed,  he 
was  met  by  General  Riidiger  with 
a  brigade  of  Hussars  and  four  pie- 
ces of  horse  artillery,  who  charged 
and  put  him  to  flight,  and  pursued 
him,  until  with  his  party  he  found 
refuge  in  the  neighbouring  woods. 

41 


ANNUAL  REGISTER,  1827-8-9. 


After  this  action,  the  determina- 
tion  to  withdraw  the  Russian  force 
from  before  Shumla,  was  post- 
poned  until  after  the  fall  of  Varna. 

That  place  had  been  besieged 
from  the  14th  of  July,  by  a  Russian 
corps,  first  under  the  command  of 
Count  Suchtelan,  who  took  post 
before  it,  and  threw  up  redoubts 
and  entrenchments,  maintaining  his 
ground ;  though  by  a  sortie  of  the 
garrison  upon  that  day,,  the  Capu- 
din  Pasha  Izzet  Mohamed  suc- 
ceeded in  introducing  a  reinforce- 
ment of  several  battalions  of  regu- 
lar troops,  and  a  detachment  of 
cavalry,  fhe  result  of  another 
sortie  on  the  20th,  was  that  Count 
Suchtelan  and  General  Ourzakoff, 
who  had  advanced  from  Tulcza  to 
support  him,  were  obliged  to  with- 
draw from  their  position,  to  the  rear 
of  the  village  of  Derbent,  there  to 
await  reinforcements  under  the 
command  of  Adjutant  General  Ben- 
kendorf,  who  on  the  14th  had  taken 
possession  of  Pravadi ;  and  the  as- 
sistance of  the  naval  force  com. 
manded  by  Admiral  Greig,  who 
had  arrived  off  Mongali.  Here,  on 
the  first  day  of  August,  a  corps  of 
3200  men,  commanded  by  Gene- 
ral Prince  MenzikofF,  landed,  and 
Prince  MenzikofF  assumed  the  com- 
mand of  the  siege  of  Varna, 
The  Turks  had  ineffectually  at- 
tempted to  maintain  an  outpost  on 
the  woody  heights  five  miles  dis- 
tant from  the  town  ;  they  had  been 
driven  from  it  by  Prince  MenzikofF 


on  the  3d,  and  the  Russian  fleet, 
composed  of  eight  ships  of  the  line 
and  five  frigates,  was  before  the 
place,  prepared  to  co-operate  in  the 
siege,  when  the  Emperor  Nicholas, 
on  the  morning  of  the  5th,  arrived 
at  the  camp  from  before  Shumla. 
He  had  left  that  place  with  the  regi- 
ment of  chasseurs,  bearing  his  own 
name,  twelve  pieces  of  Cossack  ar- 
tillery,' two  squadrons  of  Cossack 
guards,  and  two  battalions  of  light 
infantry ;  an  escort,  from  the 
strength  of  which  the  dangers  of 
the  road  from  Shumla  to  Varna 
may  be  inferred.  He  took  the  road 
of  Jenibazar,  encamped  the  same 
day  before  Kosludji,  where  a  day 
of  rest  was  allowed  to  the  escort. 
On  the  4th,  he  proceeded  and 
reached  the  redoubt  in  front  of  the 
village  of  Derbent,  to  which  Lieu- 
tenant General  UszakofF  had  re- 
treated after  the  sortie  of  the  20th 
of  July.  He  was  engaged  the  whole 
day  of  the  5th,  in  observing  the  for- 
tifications and  harbour  of  Varna; 
gave  his  orders  for  the  prosecution 
of  the  siege,  the  direction  of  which 
he  gave  to  Prince  Menzikoff  and 
Admiral  Greig,  and  after  dining 
on  board  of  the  Admiral's  flag  ship, 
the  "Ville  de  Paris,"  passed  on 
board  the  frigate  La  Hore,  and 
sailed  the  same  evening  for  Odessa, 
where,  after  a  prosperous  voyage, 
he  arrived  on  the  8th. 

One  of  the  difficulties  attending 
the  siege  of  Varna,  was  its  situation 
between  the  lake  Dwina  and  the 


RUSSIA  AND  TURKEY. 


323 


sea ;  which  rendered  necessary  the 
detachment  of  a  corps  of  troops  to 
the  south  of  the  lake,  separated 
from  the  main  body  of  the  be- 
siegers,  and  thus  peculiarly  ex- 
posed to  the  assault  of  the  enemy. 
It  was  from  this  post,  that  the  Rus- 
sian troops  had  been  compelled  to 
retreat  on  the  20th  of  July ;  but 
after  the  arrival  of  Prince  Menzi- 
koff  and  the  fleet,  they  resumed 
the  offensive,  and  immediately  after 
the  departure  of  the  Emperor  for 
Odessa,  they  took  post  again  at  the 
place  from  which  they  had  retired, 
and  erected  six  redoubts  to  form 
the  line  of  blockade  between  the 
sea  and  the  plain  adjoining  the 
north  side  of  the  lake.  This,  not- 
withstanding continual  sorties  of 
the  besieged,  was  accomplished  in 
six  days. 

On  the  7th  of  August,  the  bom- 
foardment  of  "die  place  commenced ; 
and  on  the  night  of  that  day,  Admi- 
ral  Greig  detached  several  armed 
boats  against  the  Turkish  flotilla, 
which  had  sought  shelter  under  the 
guns  of  the  fortress. 

This  attack,  favoured  by  the  dark- 
ness of  the  night,  was  successful. 
The  Russian  armed  boats  were  not 
discovered  till  within  half  musket- 
shot  distance  of  the  flotilla,  and  in 
face  of  the  fire  of  artillery  and  of 
grape-shot  at  once  from  the  for- 
tress  and  the  flotilla.  The  Russians 
took,  by  boarding,  fourteen  small 
Turkish  vessels,  and  carried  them 
off  before  the  eyes  of  the  Capudin 


Pasha,  who,  jointly  with  Jusuf  Pa- 
sha, commanded  at  Varna,  On  the 
same  day,  the  Turks  made  an  as- 
sault upon  the  redoubts,  which  last- 
ed until  sunset.  It  was  repeated 
on  the  9th ;  and  in  these  attacks, 
the  Turks  exhibited  indications  at 
once,  of  their  desperation  and  of 
their  improvement  in  discipline,  by 
the  free  use  of  the  bayonet. 

A  few  days  after,  Admiral  Greig 
detached  two  frigates,  a  sloop  and 
a  cutter,  to  take  or  destroy  the 
considerable  magazines  of  warlike 
ammunitions  and  powder  collected 
at  Neada  beyond  Bourgas.  Cap- 
tain Kritzki  executed  successfully 
this  commission.  He  took  and  de- 
molished all  the  batteries ;  carried 
offtwelv«  pieces  of  cannon,  spiked 
twelve  mote,  blew  up  the  arse- 
nal with  all  the  ammunition  which 
he  could  not  carry  away,  and 
re-embarked,  almost  in  sight  of  a 
strong  Turkish  detachment,  sent, 
too  late  to  the  assistance  of  the 
place. 

In  a  sortie  of  the  Turks  on  the 
21st  of  August,  Prince  MenzikofF, 
while  urging  successfully  the  la- 
bours of  the  siege,  waS  so  severely 
wounded  by  a  cannon  ball,  that  he 
was  taken  Up  for  dead,  and  thence- 
forth was  disabled  for  the  command. 
The  chief  of  his  staff,,Perovski,  then 
assumed  it,  and  vigorously  pursu- 
ed  the  sapping  operations,  till,  not- 
withstanding the  incessant  sorties 
of  the  garrison,  he  had  established 
a  new  battery  of  mortars,  within  a 


324 


ANNUAL  REGISTER,  1827-8-9. 


hundred  and  eighty  yards  of  the 
town. 

On  the  29th  of  August  the  aid- 
de-camp  General  Count  Wofon- 
zoff  arrived  in  the  frigate  "  The 
Standard,"  charged  by  the  Empe- 
ror with  the  command  of  the  siege, 
in  the  place  of  Prince  Menzikoff. 
On  the  night  of  the  31st,  the  Turks 
made  three  sorties  upon  the  re- 
doubts,  which  defended  the  right  of 
the  Russian  lines.  They  succeed- 
ed in  carrying  one  of  them,  which, 
however,  on  the  next  night  was  re- 
covered. 

At  the  moment  of  the  declaration 
of  war,  an  ukase  of  the  Emperor 
Nicholas  had  ordered  a  levy  of 
two  men  to  every  five  hundred, 
throughout  most  of  the  provinces 
of  the  empire.  On  the  21st  of 
August,  an  order  for  a  second  levy 
of  four  men  in  five  hundred,  was 
issued  at  Odessa ;  from  this  order 
the  provinces  of  Bessarabia  and 
Grasinia  only  were  excepted.  The 
two  levies  were  equivalent  to  a 
reinforcement  of  three  hundred 
thousand  men ;  and  while  they  in- 
dicated the  inflexible  resolution, 
with  which  the  Emperor  had  com- 
menced and  was  prosecuting  the 
war,  the  second  levy  following  so 
speedily  after  the  first,  afforded  a 
more  accurate  measure  of  the 
consumption  of  men  in  the  cam- 
paign than  the  numbers  of  killed 
and  wounded,  recorded  in  the 
bulletins.  It  bore  testimony  not 
less  decisive,  that  the  experience 


of  the  Emperor  had  proved  to  him, 
that  the  conflict  in  which  he  had 
engaged  was  deeper  and  more 
desperate,  upon  the  part  of  his  an- 
tagonist, than  he  had  anticipated. 
He  appears,  at  the  commencement 
of  the  war  to  have  been  under  the 
impression,  that  a  single  campaign 
would  suffice  for  carrying  all  the 
strong  places  on  the  line  of  the 
Danube,  so  as  to  open  to  him  the 
free  passage  of  the  Balkan  before 
winter.  This  error  was  encoura- 
ged, more  by  the  general  opinion 
of  Europe,  than  by  the  Russian  ex- 
perience of  former  wars.  When 
the  Emperor  departed  from  the  ar- 
my before  Shumla,  he  had  proba- 
bly been  convinced,  by  his  own  ob* 
serration,  that  his  previous  expec- 
tations had  been  too  sanguine  ; 
that  a  second  arduous  campaign. 
would  be  necessary  to  accomplish 
his  purposes  in  the  war  ;  and  that 
his  personal  cares  in  providing  for 
it,  would  be  more  effectively  execu- 
ted at  Odessa,  than  before  Shumla. 
where  no  successful  result  was  at 
that  time  tor  be  foreseen  as  proba- 
ble. 

Besides  the  levy  of  troops  or- 
dered at  Odessa,  he  there  ratified 
a  contract  for  a  loan  of  money  in 
Holland,  of  eighteen  millions  of 
florins,  to  be  levied  by  three  in- 
stalments,  and  reimbursable  in  37 
years.  At  Odessa  too,  he  appears 
to  have  determined  upon  the  mea- 
sure of  blockading  the  Bosphorus. 
and  the  Dardanelles :  other  ne- 


RUSSIA  AND  TURKEY. 


325 


gotiations  of  a  political  nature,  were 
also  there  pursued,  with  the  Mi- 
nisters of  the  primary  European 
powers;  particularly  with  those  of 
his  allies*  of  the  treaty  of  6th  July 
1827. 

After  visiting  the  military,  naval 
and  scientific  establishments,  at 
Nicolaieff,  where  a  line  of  battle 
ship  of  84  guns  had  just  been 
launched,  and  where  several  other 
ships,  of  various  force,  were  upon 
the  stocks ;  after  securing  the 
effective  operation  of  the  new  levy 
of  troops ;  and  ascertaining  that 
the  reinforcements  under  General 
Tscherbatoff,  and  of  the  imperial 
guard,  to  the  number  of  fifty  thou- 
sand men,  had  crossed  the  Danube, 
he  embarked  on  the  3d  of  Septem- 
ber to  return  to  Varna  ;  but  after 
24  hours  of  adverse  and  tempes- 
tuous winds  was  obliged  to  return  to 
the  shore.  He  proceeded  imme- 
diately by  land.  At  Kovarna, 
he  found  the  frigate  Flora,  which 
had  just  cast  anchor  there  ;  and 
embarking  in  her  the  next  day,  8th 
of  September,  arrived  in  the  har- 
bour of  Varna. 

He  established  his  head  quarters 
on  board  of  Admiral  Greig's  flag 
ship,  the  Paris,  and  by  his  presence, 
encouraged  the  labours  of  the 
siege.  Four  redoubts,  constructed 
to  cover  the  fortifications  of  the 
place,  had  been  reduced  to  a  heap 
of  ruins.  The  besieging  army  had 
received  a  reinforcement  of  two  di- 
visions of  the  imperial  guards,  with 


their  artillery,  and  one  division  of 
light  cavalry,  forming  a  body  all 
together,  of  about  twenty-one  thou- 
sand men.  There  was  still  a  force 
of  ten  thousand  fighting  men  in  the 
fortress.  On  the  north  side,  it  was 
entirely  invested.  On  the  south, 
a  detached  corps  of  Russians,  com. 
manded  by  Lieutenant  General 
Prince  MadatofF,  was  in  possession 
ofPravodi.  To  oppose  them,  there 
were  seven  or  eight  thousand 
men^  headed  by  Omar  Vrione,  de- 
tached from  Shumla ;  and  the 
Grand  Vizier  himself  was  expected 
with  twenty  thousand  men,  some 
detachments  of  whom  had  already 
reached  Aidos. 

The  Emperor,  determining  to 
complete  the  investment  of  the 
place,  detached  columns  of  the 
guards,  and  of  troops  of  the  line,  to 
take  possession  of  the  south  side  of 
the  Lake  Dwino.  Adjutant  Gene- 
ral Golowin,  charged  with  this  ex- 
pedition, occupied,  on  the  12th  of 
September,  the  heights  of  the  pe- 
ninsula of  Galata,  and  took  a  posi- 
tion upon  the  road  to  Bourgas,  with- 
out opposition  from  the  Turks ;  while 
another  detachment,  effected  in 
like  manner  its  landing,  without  ob- 
stacle. Both  these  corps  took  a 
number  of  transports,  and  a  consi- 
derable number  of  cattle,  while 
upon  their  march. 

The  next  day,  they  were  attacked 
by  a  column  of  cavalry,  which  they 
repelled  by  the  fire  of  their  artille- 
ry ;  and  at  the  same  time,  the  gar- 


826 


ANNUAL  REGISTER,  1827-8-9. 


rison  made  a  desperate  sortie,  to 
destroy  the  works  of  the  Russians 
on  the  right,  which  were  advancing 
close  to  the  ditches  of  the  fortress. 
The  regiments  of  Russian  chas- 
seurs charged  with  the  bayonet, 
and  had  their  ranks  fearfully  thin, 
ned.  The  intrenchments  were  ta- 
ken, re-taken,  and  literally  heaped 
with  dead.  The  Russian  Major 
General  Perowskiu  was  wounded ; 
but  the  Turks  were  finally  routed, 
and  compelled  to  abandon  the  last 
post  they  had  till  then  retained,  be- 
fore the  front  of  the  Russian  works. 

At  dawn  of  day,  of  the  14th,  the 
Russians  blew  up  the  counterscarp 
of  the  northern  bastion  of  Varna, 
being  that  nearest  to  the  sea  shore, 
so  as  to  open  a  sufficient  breach. 

The  Emperor  caused  a  summons 
to  be  sent  to  the  garrison  to  surren- 
der ;  the  answer  given  to  the  flag 
of  truce,  indicated  a  disposition  to 
capitulate,  and  a  truce  was  agreed 
upon,  during  which  the  Capudin 
Pasha,  who  commanded  in  the  place, 
went  on  board  one  of  the  Russian 
ships  to  confer  with  Admiral  Greig, 
authorized  by  the  Emperor  to  treat 
with  him  concerning  the  capitula- 
tion. But  the  Admiral  discovered, 
that  the  object  of  the  Turkish  com- 
mander was  merely  to  gain  time  ; 
and  as  he  returned  only  evasive  an- 
swers  to  every  proposition  made  to 
him,  the  conferences  were  super- 
seded ;  and  on  the  morning  of  the 
15th,  the  fire  from  the  Russian 
batteries,  both  on  the  north  and  the 


south  side  of  the  place,  re-coin- 
menced.  The  Capudin  Pasha  had 
in  fact  received,  together  with  flat- 
tering accounts  of  Turkish  victo- 
ries at  Shumla  and  Silistria,  and 
in  Little  Wdllachia,  the  order  to 
defend  his  post  to  the  last  extremi- 
ty ;  and  advice  of  approaching  re- 
inforcements for  the  defence  of 
Varna. 

After  several  days  of  ineffectual 
cannonading,  the  approach  of  rein- 
forcements in  the  direction  of  the 
Kamtchik,  and  on  the  road  to 
Aides,  was  made  known  to  the  Em- 
peror. A  regiment  of  chasseurs 
of  the  foot  guards,  with  a  corps  of 
cavalry,  was  sent  to  reconnoitre 
them,  but  they  were  soon  driven 
back  with  considerable  loss, in  which 
General  Hartung,  commander  of 
the  regiment,  Colonel  Surger,  ant 
aid-de-camp  of  the  Emperor,  ano- 
ther Colonel,  and  ten  other  officers 
were  included  ;  and  they  returned, 
without  having  ascertained  the 
force,  or  the  direction  of  the  ene- 
my, who  the  next  day  appeared  be- 
fore the  position  of  the  Russians  on 
the  south  side  of  the  place. 

But  the  troops  stationed  at  that 
point,  had  already  been  reinforced 
by  a  corps  under  the  command  of 
Lieutenant  General  Bistrom.  On 
the  27th  of  September,  Lieutenant 
General  Suchozonet  was  sent,  with 
a  brigade  of  infantry,  a  brigade  of 
light  cavalry  of  the  guards,  and 
two  batteries,  to  the  left  side  of  the 
straight  of  Varna,  to  hold  in  check 


RUSSIA  AND  TURKEY. 


827 


the  right  wing  of  Omar  Vrione, 
and  to  dislodge  him  from  the  village 
of  Hadgi-Hassan-Laar. 

On  the  28th,  Prince  Eugene  of 
Wurtemburg,  detached  from  the 
camp  of  Shumla  with  a  brigade  of 
infantry,  took  under  his  command 
the  20th  regiment  cf  chasseurs, 
and  effected  his  junction  with  Gen- 
eral Suchozonet.  On  the  same 
day,  General  Bistrom  was  attacked, 
from  the  head  quarters  of  the  Turk- 
ish reinforcements.  Fifteen  thou- 
sand men  came  out  of  their  in- 
trenchments,  leaving  an  equal  num- 
ber within  them.  The  engagement 
lasted  four  hours.  The  fire  of  the 
Russian  batteries,  and  a  charge 
with  the  bayonet,  by  the  battalions 
of  the  Russian  guards,  put  the 
Turks  to  flight ;  but  General  Frey- 
tag  and  Colonel  Zaikoff  fell  at  the 
head  of  their  two  battalions  in  the 
charge.  One  thousand  Turks  were 
left  dead  on  the  field  of  battle,  and 
the  Russian  loss  was  probably  not 
less.  Both  parties  claimed  the  vic- 
tory, and  both  remained  the  next 
day  in  the  positions  they  had  occu- 
pied before. 

On  the  30th,  Prince  Eugene  of 
Wurtemburg  was  ordered  to 
make  a  second  attack  upon  the 
left  wing  of  the  enemy,  which  did 
not  succeed.  The  20th  regiment 
of  chasseurs,  had  made  themselves 
masters  of  the  first  redoubt,  and 
taken  one  cannon.  In  the  front  of 
the  action,  a  single  brigade,  without 
waiting  for  the  order,  rushed,  un- 


supported, upon  the  parapet  of  the 
Turkish  intrenchments,  and  after 
losing  their  commander,  General 
Yarnoff,  finally  effected  their  re- 
treat, not  without  heavy  loss,  to  the 
protection  of  the  camp  batteries, 
and  of  the  Hulans  of  the  guard. 
The  result  of  this  action,  though 
unsuccessful,  was,  that  Prince  Eu- 
gene established  his  positions  near 
Hadgi-Hassan-Laar,  without  being 
molested. 

The  works  of  the  siege  were 
continued  without  intermission,  on 
the  northern  positions,  and  upon  the 
shore  :  one  of  the  last  redoubts  in 
front  of  the  fortress,  had  been  car-, 
ried,  on  the  night  of  the  25th  of 
September.  Two  mines  had  been 
effected,  one  at  the  end  of  the 
northern  bastion  nearest  the  sea, 
which  was  blown  up  on  the  3d  of 
October,  and  a  part  of  the  works 
crumbled  into  the  ditches.  The 
other,  under  the  second  northern 
bastion,  although  the  miners  were 
interrupted  by  four  successive 
attacks,  in  which  many  of  them 
perished,  exploded,  nevertheless 
on  the  4th,  and  opened  two  large 
breaches  in  the  bastion.  The  next 
attempt  was,  to  occupy  and  estab- 
lish batteries  on  these  bastions. 
On  the  7th  of  October,  an  hour  be- 
fore daylight,  a  corps  of  sharp 
shooters,  sailors,  with  two  compa- 
nies of  guards,  and  150  miners 
detached  to  take  possession  of  the 
first  bastion,  entered  upon  the 
breach  without  firing  a  gun,  and 


32S 


ANNUAL  REGISTER,  182?-8-9. 


killed  all  the  Turks  posted  there. 
Surprised  at  meeting  so  feeble  a 
resistance,  and  seduced  by  the 
facility  of  their  success,  instead  of 
performing  the  duty  upon  which 
they  were  sent,  and  establishing  a 
battery  on  the  bastion,  they  rashly 
pushed  forward  into  the  city. 
Some  additional  force  was  sent  to 
sustain  them,  and  several  false  at- 
tacks on  other  points  were  made 
to  facilitate  their  return,  and  save 
them  from  the  destructive  pressure 
of  the  whole  garrison,  recovered 
from  their  first  panic,  and  bearing 
already  upon  them.  A  small  por- 
tion of  them  only  escaped,  after 
spiking  or  thro  wing  into  the  ditches, 
the  cannon  they  had  found  in  the 
bastion,  and  they  rushed  back 
through  the  breach,  followed  by  a 
number  of  Christian  women  and 
children,  who  had  flocked  .to  them, 
as  they  retired  from  the  city. 

Jt  was  evident,  from  this  occur- 
rence, that  the  place  could  hold 
out  no  longer.  Several  breaches 
were  open,  and  the  preparations 
were  making  for  a  general  assault. 
On  the  8th  of  October,  at  noon,  a 
private  secretary  of  Yussuf  Pasha, 
accompanied  by  two  Turks,  went 
on  bpard  of  the  Paris,  to  treat  of 
the  surrender  of  the  place.  This 
negotiation  was  renewed  the  next 
day,  in  the  tent  of  Count  Woron. 
zofF,  on  shore,  but  still  without  ef- 
fect. On  the  same  evening,  how- 
ever, Yussuf  Pasha  himself,  ap- 
peared in  the  tent,  promising  to 


return  the  next  morning  ;  and  de- 
livered a  declaration,  acknowledg- 
ing the  impossibility  of  longer  de- 
fending the  place  ;  that  he  had 
proposed  to  treat  for  a  capitulation ; 
but  that  the  Capudin  Pasha,  having 
inflexibly  refused  to  surrender  up- 
on any  terms,  he,  Yussuf  Pasha, 
had  determined  to  put  himself  un- 
der the  protection  of  the  emperor, 
and  not  to  return  to  the  city. 

This  resolution  was  no  sooner 
made  known  in  the  fortress,  than 
the  whole  body  of  troops,  under  the 
command  of  Yussuf  Pasha  laid 
down  their  arms,  and  went  out,  on 
the  evening  of  the  10th,  and  the 
morning  of  the  Hth,  conducted  by 
their  officers,  and  surrendered  pri- 
soners of  war.  The  Capudin 
Pasha  retired,  with  about  300  men, 
into  the  citadel,  and  demanded  the 
liberty  to  evacuate  the  place,  and 
retire,  to  join  the  Turkish  force, 
commanded  by  Omer  Vrione,  to 
which  the  emperor  consented,  on 
condition  that  he  should  go  by  the 
way  of  Pravodi,  or  take  the  pas- 
sage by  sea,  for  Bourgas. 

At  noon,  deputies  from  the  city, 
arrived  and  delivered  its  keys  to 
the  Emperor.  The  Russian  troops 
immediately  took  possession  of  it, 
under  a  salute  of  artillery,  from  all 
the  ships  of  the  fleet.  The  am- 
bassadors and  ministers  of  the 
Emperor's  European  allies,  except- 
ing Lord  Heytesbury,  had  arrived 
from  Odessa,  just  in  time  to  be 
present  at  the  Te  Deum,  perform- 


RUSSIA  AND  TURKEY. 


329 


ed  at  the  camp  of  Count  Woron- 
zoff,  upon  the  occasion  of  this  great 
achievement,  which  decided  the 
final  issue  of  the  war. 

Those  allies,  and  especially  Great 
Britain,  far  from  considering  this 
success  as  a  subject  of  gratulation 
to  themselves,  beheld  in  it  an  event 
still  more  untoward  than  the  vic- 
tory at  Navarino.  The  success  of 
the  campaign  had  until  then,  been 
somewhat  uncertain  ;  the  progress 
of  the  Russian  arms  less  rapid ; 
the  resistance  of  the"  Turks  more 
vigorous ;  and  the  result  of  the 
war,  morfe  doubtful  than  had  been 
generally  anticipated.  The  oh- 
servation  of  Rochefoucault,  that  in 
the  misfortunes  of  our  best  friends' 
we  always  find  something  which 
does  not  displease  us,  was  more 
than  realized  by  the  Emperor 
Nicholas.  The  Turks  themselves, 
did  not  more  heartily  welcome 
every  disaster  that  befell  his  army, 
nor  lament  more  sincerely  every 
laurel  that  he  gathered,  than  his 
associates  of  the  Wellington  pro- 
tocol  and  treaty.  The  periodical 
organs  of  public  opinion,  particular. 
ly  those,  the  pipes  of  which  were 
inspired  by  ministerial  breath,  in- 
stead  of  joining  in  the  choral  shout 
of  praise  to  God,  for  the  surrender 
of  Varna,  would  far  more  cheerily 
have  responded  to  the  Fdtikat  of 
the  Koran,  had  the  Emperor  Ni- 
cholas and  his  host  found  their 
graves  before  its  walls.  When  the 
surrender  of  that  important  place, 

VOL  III.  42 


by  a  transaction,  the  true  character 
of  which  was  to  effect,  without 
bloodshed,  that,  which  in  less  than 
one  week,  would  have  been  ac- 
complished, by  a  sacrifice  of  at 
least  ten  thousand  human  lives, 
took  place,  the  English  allies  of 
Russia,  solaced  their  mortification 
at  the  event,  by  imputing  the  sur- 
render of  Yussuf  Pasha  to  treache- 
ry— and  charged  the  Russian  army 
with  stealing  into  Varna. 

Were  it  true,  that  in  that  state 
of  the  siege,  the  Emperor  Nicho- 
las had  purchased  the  defection  of 
Yussuf  Pasha,  it  would  have  been 
no  subject  of  reproach  to  him,  for 
he  would  thereby  have  purchased 
the  lives  of  the  whole  Turkish  gar- 
rison, of  all  the  inhabitants  of  Var- 
na, and  of  scarcely  less  than  five 
thousand  of  his  own  troops.  It 
would  have  been  a  humane  and 
magnanimous  act ;  and  the  attempt 
to  hold  it  up  in  the  colours  of  shame, 
as  a  stain  upon  his  amis,  is  as  desti- 
tute of  moral  as  of  military  princi- 
ple. Yussuf  Pasha  received  a  con- 
siderable sum  of  money,  to  fix  his 
residence  at  Odessa  ;  and  lands  in 
Crimea,  the  produce  of  which  was 
estimated  at  25,000  tchetwarts  of 
wheat  a  year,  as  indemnity  for  the 
confiscation  of  his  estates  in  Rou 
melia. 

But  the  Sultan  himself  has  dis- 
credited the  imputations  of  bribery, 
by  restoring,  even  before  the  peace, 
the  family  of  Yussuf  Pasha,  which 
had  been  seized  as  hostages,  and 


330 


ANNUAL  REGISTER,  1827-8-9, 


his  harem,  which  had  been  seques- 
tered in  the  first  moments  of  resent- 
ment and  suspicion  after  his  surren- 
der. The  immense  landed  proper, 
ty  of  Yussuf  Pasha,  might  have 
shielded  him  from  the  illiberal  sus- 
picion of  having  been  purchased  by 
a  bribe.  The  history  of  the  siege, 
from  its  commencement  till  the  in- 
cident of  the  7th  of  October,  abun- 
dantly proves,  that  the  powers  of  re- 
sistance  in  the  place,  were  exhaust- 
ed. The  event  of  the  storm  was 
as  certain  as  any,  that  human  fore- 
sight can  predict.  It  would  have 
been  a  massacre  equally  awful  and 
unavoidable.  The  Capudin  Pasha 
himself  had  parleyed  for  a  capitu- 
lation, but  his  orders  were  positive, 
sooner  to  sacrifice  himself  and  his 
whole  garrison :  orders,  which, 
while  they  betray  the  conscious 
desperation  of  the  Sultan,  were  be- 
yond  the  tone  of  human  nature,  as 
organized  in  the  Ottoman  constitu- 
tion of  the  present  age.  The  Ca- 
pudin Pasha  knew  that  he  could 
sanction  no  capitulation,  but  at  the 
expense  of  his  own  head.  He 
knew  equally  well  that  a  storm 
would  put  him  and  his  whole  garri- 
son to  the  sword.  It  is  apparent, 
therefore,  that  he  permitted,  and 
most  probable  that  he  approved,  the 
surrender  of  Yussuf  Pasha,  whose 
communications  with  the  Russian 
camp  were  neither  sudden  nor 
clandestine.  After  his  first  visit  to 
Count  Woronzoff,  which  had  been 
preceded  by  two  flags  of  truce,  and 


after  making  verbally  his  declara- 
tion of  surrender,  he  went  back  into 
the  place,  and  returned  the  ensuing 
day.  All  this  could  not  be  un- 
known to  the  Capudin  Pasha. — 
The  departure  of  Yussuf  Pasha,  was 
but  the  absence  of  a  single  man  ; 
he  left  all  his  troops  still  under  the 
command  of  the  Capudin  Pasha  ; 
but  the  simple  fact  was,  that  they 
were  not  prepared  to  sacrifice  their 
lives  for  no  earthly  purpose.  They 
followed,  therefore,  the  example  of 
their  leader  ;  and  left  the  Capudin 
Pasha  with  his  three  hundred  fol- 
lowers, to  retire  into  the  citadel, 
and  save  himself  from  the  inexpia- 
ble crime  of  capitulating  for  his 
post,  contrary  to  the  Sultan's  orders. 
The  loss  of  Varna  produced  a 
deep  impression  at  Constantinople, 
and  throughout  Europe.  The  rule 
of  the  Ottoman  government  is,  to 
behold  in  every  unfortunate  com- 
mander an  object  of  vengeance  ;  a 
rule  which  not  unusually  recoils 
upon  the  Sultan  himself.  The  com- 
manding officer  at  Isaktcha,  with 
several  of  his  subordinates,  had 
paid  the  penalty  of  the  bow-string, 
for  surrendering  to  the  Russians  a 
place  utterly  defenceless ;  and  now 
the  charge  of  treachery  against 
Yussuf  Pasha,  only  saved  the  Ca- 
pudin Pasha  from  the  same  fate. 
The  first  impression  of  the  Sultan, 
was  to  include  him  in  the  roll  of 
punishment.  The  next  was  to 
transfer  his  crime  to^  the  Grand 
Vizier,  and  promote  him  to  his 


RUSSIA  AND  TURKEY. 


331 


place.  Mehemed  Selim  Pasha  was 
accordingly  dismissed  from  office, 
and  Izzet  Mehemed  Pasha  was  in- 
vested with  the  pelisse  of  Grand 
Vizier  in  his  stead. 

The  continuance  of  the  Russian 
army  of  Count  Wittgenstein,  before 
Shumla,  could  no  longer  be  expe- 
dient, after  the  fall  of  Varna.  There 
was  no  possibility  of  reducing  it,  in 
the  short  remnant  of  the  season  ; — 
the  army  of  the  Grand  Vizier,  with 
the  troops  of  Omer  Vrione,  had  re- 
treated beyond  the  Kamtschik. 
Wittgenstein  was  ordered  to  fall 
back  upon  Silistria,  which,  since 
the  middle  of  July,  had  been  be- 
sieged by  General  Geismar  ;  and 
which  it  was  hoped,  might  still  be 
subdued  before  the  winter  should 
set  in.  Having  given  these  orders, 
the  Emperor  Nicholas  embarked 
on  the  14th  of  October,  with  the 
Grand  Duke  Michael,  and  several 
Generals,  and  the  diplomatic  corps, 
in  another  vessel  for  Odessa.  This 
voyage  was  signalized  by  one  of 
those  incidents,  which  mark  the 
limits  of  human  power,  and  the  vi- 
cissitudes of  human  fortunes.  The 
ships,  almost  immediately  after 
clearing  the  harbour,  were  assailed 
by  a  tempest  of  extreme  violence, 
to  which  the  Black  sea  is  occasion- 
ally subject.  It  lasted  three  days, 
during  which,  the  only  alternative 
of  the  Emperor  seemed  to  be,  to 
sink  into  the  watery  sepulchre  of 
the  Euxine,  or  to  be  stranded  on 
the  shore  of  the  Bosphorus ;  and 


fall,  with  his  brother,  helpless  cap- 
tives into  the  hands  of  the  Sultan. 
It  is  in  times  like  these,  that  the 
souls  of  men  are  tried.  In  the 
midst  of  the  darkest  terrors  of  the 
whirlwind,  not  a  sign  of  alarm  or 
perturbation^  escaped  from  the  Em- 
peror. Conscious  of  his  depend- 
ence on  a  higher  power  than  his 
own,  he  was  as  far  from  betraying 
a  sentiment  of  fear,  as  from  the 
presumptuous  confidence  of  Caesar 
on  a  like  -occasion.  We  trust  that 
fortunes  of  a  deeper  moment,  and 
of  happier  import  to  the  human 
race,  were  suspended  on  the  safe 
issue  of  the  imperial  vessel  from 
that  storm,  than  ever  hung  on  the 
life  of  CfBsar.  After  four  days  of 
imminent  danger,  she  was  ultimate- 
ly saved  ;  and  in  the  night  of  the 
19th,  the  Emperor  landed  at  Odes- 
sa.  The  other  ship,  laden  with  her 
diplomatic  freight,  after  some  days 
of  still  greater  extremity,  and  varie- 
ty  of  dangers,  finally  made  the 
port  of  Sevastopol  in  the  Crimea. 
The  Emperor  returned  immediate, 
ly  to  St.  Petersburg,  where  he  ar- 
rived on  the  26th  of  October. 

We  have  said  that  at  the  begin- 
ning  of  the  campaign,  the  two  prin. 
cipalities  of  Moldavia  and  Walla- 
chia  had  been  occupied  by  Gene- 
ral Roth  without  opposition.  The 
Hospodars  of  the  two  provinces  had 
received  from  Constantinople  the 
assurance,  that  in  the  event  of  war 
with  Russia,  they  would  be  neither 
occupied  nor  molested  by  the  Ot- 


382 


ANNUAL  REGISTER,  1827-8-9. 


toman  troops  ;  and  the  order  to 
retire  personally  to  the  Turkish 
territory  ;  leaving  only  the  fortified 
places  to  be  defended.  The  Hos- 
podar  of  Moldavia  had  not  even 
time  to  execute  this  order,  but  was 
surprised  and  taken  prisoner  by 
the  entrance  of  the  first  column  o.f 
the  Russian  army  at  Jassy.  They 
were  received  every  where  as 
friends,  and  proceeded  by  forced 
marches  to  Bucharest  ;  from 
whence,  however,  the  Hospqdar 
pf  Wallachia,  Ghika,  had  found 
time  to  escape,  and  taken  refuge 
at  Kronstadt  in,  Transylvania.  The 
administration  of  the  two  provinces 
was  confided  by  the  Emperor  to 
Count  Pahlen,  and  the  seat  of  the 
government  was  established  at  Bu- 
charest. 

Four  days  after  the  arrival  of 
the  Russian  troops,  the  Wallachian 
divan  assembled,  and  prepared  an 
address  to  the  Emperor  Nicholas, 
soliciting  his  protection,  and  indi- 
cating, rather  than  formally  de- 
claring, their  desire  to  be  incorpo- 
rated with  the  Russian  empire.  It 
was  answered  by  Count  Nessel- 
rode,  from  the  camp  of  Satownova, 
on  the  28th  of  May,  disclaiming, 
on  the  part  of  the  Emperor,  all 
design  of  extending  his  territories 
by  conquests  ;  but  assuring  them 
that  he  would  make  it  his  care,  to 
secure  to  them  the  effectual  en- 
joyment of  their  rights  and  privi- 
leges. 

When  the  central  and  left  divi- 


sipns  of  the  Russian  army  ad- 
vanced upon  Shumla  and  Varna, 
that  of  General  Roth  proceeded  to 
the  siege  of  Silistria,  on  the  right 
bank  of  the  Danube.  After  ap- 
proaching to  Oltanitza,  he  aban- 
doned the  intention  of  crossing  the 
river  at  that  point,  and  descending 
to  Kirsova,  which  had  been  already 
taken  by  the  Russians,  there  ef- 
fected his  passage,  and  retracing 
his  way  up,  commenced  the  siege 
on  the  21st  of  July,  with  about 
eleven  thousand  men.  A  detach- 
ment of  the  same  body,  commanded 
by  General  Kamiloff,  observed 
Giurgevo  on  the  left  bank  ;  while 
General  Geismar,  with  another  de- 
tachment of  five  or  six  thousand 
men,  covered  Little  Wallachia  from 
the  incursions  of  the  garrisons  of 
Widdin  and  Kalafat.  These  Gene- 
rals had  not  forces  sufficient  for 
the  objects  in  view,  and  with  diffi- 
culty resisted  the  sorties  and  desul- 
tory warfare  of  the  Turks,  who 
often  boasted  of  them  as  victories. 
General  Langeron,  left  with  about 
twelve  thousand  men  for  the  oc- 
cupation of  the  two  principalities, 
was  also  constantly  made  sensible 
of  the  want  of  reinforcements. 

About  the  middle  of  August, 
while  General  Geismar  was  pro. 
jecting  an  invasion  into  Servia, 
with  a  view  to  promote  an  insur- 
rection of  the  people  of  that  pro- 
vince  against  the  Turks ;  the  Pasha 
of  Widdin,  who  had  received  rein- 
forcements, suddenly  crossed  the 


RUSSIA  AND  TURKEY. 


333 


Danube  in  the  neighbourhood  of 
Kalafat,  with  nearly  twenty  thou- 
sand men,  and  by  a  rapid  march 
came  up  with  General  Geismar 
at  Galentz,  whose  force  not  ex. 
ceeding  six  thousand  men,  he  was 
obliged  to  retire  upon  Czaroi,  where 
he  threw  up  entrenchments,  leav- 
ing his  magazines  of  provisions, 
stores  of  timber  for  building,  and 
six  thousand  head  of  cattle,  to  the 
Turks,  who  drove  them  off  to  Wid- 
din.  The  next  day  the  attack  was 
renewed.  General  Geismar  was 
again  driven 'from  his  position,  and 
retreated  precipitately  by  the  way 
of  Kirjowa  to  Slatina,  where  he 
expected  a  reinforcement  from 
General  Langeron.  Wallachia 
was  exhausted  by  contributions  of 
money,  and  by  requisitions  of  all 
kinds — provisions,  cattle,  forage — 
threatened  with  military  execution, 
and  ravaged  by  the  plague.  Count 
Pahlen  issued  proclamation  upon 
proclamation  for  the  encourage- 
ment of  the  inhabitants,  and  to  re- 
tain them  in  the  province  ;  but  in 
the  consternation  of  this  new  in- 
vasion, they  fled  in  multitudes  from 
their  homes,  and  sought  refuge  in 
the  territories  of  Austria.  124  wa- 
gon loads  of  Russian  wounded  sol- 
diers passing  through  the  country 
immediately  after  these  actions, 
and  a  succession  of  scouting  par- 
ties from  Giurgevo  and  Rustshuck, 
aggravated  the  terrors  of  the  in- 
habitants ;  but  the  Turks  ventured 
upon  no  general  attack,  and  re- 


turned from  all  these  predatory 
sallies  only  with  a  stock  of  plunder, 
and  sometimes  with  hundreds  of 
Christian  inhabitants  of  the  pro- 
vinces,  whom  they  compelled  by 
the  most  barbarous  treatment  to 
labour  upon  their  fortifications. 

Several  weeks  thus  passed  away, 
till  General  Geismar,  reinforced  by 
a  detachment  of  two  thousand  men, 
returned  to  his  position  in  front  of 
Krajoua ;  when,  on  the  26th  of  Sep- 
tember, the  Seraskier  of  Widden, 
who  had  been  appointed  in  a  man- 
ner  unexampled  in  that  Province, 
Pasha  of  Kalafat,  attacked  him  with 
eighteen  thousand  men,  of  whom 
were  several  battalions  of  regular 
infantry,  and  with  thirty  pieces  of 
cannon,  the  camp  of  Crozoi.  Gen. 
Geismar  is  said  in  the  Russian  bul- 
letin to  have,  with  a  force  of  only  four 
thousand  two  hundred  men,  sustain- 
ed this  attack  from  noon  till  the  dusk 
of  evening,  without  decisive  advan- 
tage to  either  side.  The  Turks  re- 
mained in  possession  of  the  field, 
and  General  Geismar  took  a  position 
in  the  rear  of  that  he  had  previously 
occupied.  But,  perceiving  some 
disorder  in  the  Turkish  camp,  and 
aware  that  from  their  superior  num- 
bers he  must  expect  a  new  attack  the 
next  morning;  he  resolved  to  antici- 
pate their  movements,  and  make  a 
concerted  assault  upon  them  the 
same  night  from  several  points  at 
once.  In  less  than  two  hours  the  line 
of  their  regular  infantry  was  broken, 
and  the  rest  took  to  flight  in  irre* 


334 


RUSSIA  AND  TURKEY. 


coverable  confusion  towards  the  Da- 
nube ;  leaving  totheRussians  five  or 
six  hundred  prisoners,  seven  pieces 
of  cannon,  twenty-four  standards, 
many  horses,  and  six  or  seven  hun- 
dred baggage  and  provision  wa- 
gons. Gen.  Geismar,  following  up 
his  victory,  by  a  march  of  upwards 
of  thirty  miles  in  one  night,  over- 
took them  at  Kalatat.  where,  to  the 
number  of  ten  thousand,  they  had 
sought  refuge,  throwing  away  their 
arms  in  their  flight,  and  whence 
with  equal  precipitation,  a  remnant 
of  them  fled.  This  brilliant 
achievement  relieved  the  Russian 
army  from  all  further  annoyance 
in  that  quarter,  during  the  remain, 
der  of  the  campaign. 

Little  progress  was  made,  mean 
time,  upon  the  works  at  the  siege  of 
Silistria.  The  besiegers,  not  equal 
in  numbers  with  the  garrison,  were 
harrassed  by  the  incursions  above 
mentioned,  and  by  frequent  sorties 
from  the  garrisons  of  Rustshuck 
and  of  Giurgevo.  The  Turks  had 
also  made  several  sorties,  from  the 
fortified  heights  outside  of  the  place, 
against  the  Russian  batteries  sta- 
tioned in  front  of  the  city.  On  the 
night  of  the  4th  of  September,  Ge- 
neral Roth  sent  a  battalion  of  infan- 
try to  attack,  in  front,  the  intrench, 
ments  upon  those  heights  ;  while 
two  squadrons  of  Hulans  ma- 
nceuvred  in  their  rear,  and  fright, 
ened  the  Turks,  who  abandoned* 
their  position,  without  even  an  at- 
tempt of  defence.  The  Governor 


of  the  place,  Mahmoud  Pasha, 
made  an  effort  the  next  morning 
to  recover  them,  by  three  succes- 
sive attacks.  In  the  third,  with  at 
least  three  thousand  men,  and  five 
pieces  of  field  ordnance,  supported 
by  the  artillery  upon  the  walls, 
s-m;e  of  the  Turks  succeeded  in 
reaching  the  heights,  but  were 
swept  away  by  the  Russian  artille- 
ry :  and  the  remainder  of  the  di- 
vision, charged  in  front  by  the  Rus- 
sian infantry,  upon  the  flank  by  the 
Hulans,  and  in  the  rear  by  four 
companies  of  grenadiers,  were 
quickly  driven  back  to  the  very 
walls  of  the  place,  the  gates  of 
which  were  shut  against  the  fugi- 
tives, lest  the  Russians  should 
rush  in  together  with  them. 

The  besiegers  then  threw  up 
redoubts  upon  these  heights,  and 
armed  them  with  heavy  artillery, 
from  which  a  brisk  cannonade  was 
kept  up  against  the  place  ;  not- 
withstanding which,  occasional  sal* 
lies  were  still  made  by  the  be- 
sieged, and  were  as  frequently  re- 
pelled.  On  the  23d  of  September, 
a  corps  of  five  or  six  thousand 
horseman,  detached  from  the  Turks 
at  Shumla,  appeared  on  the  road  to 
Tourtowkai,  and  drove  in  the  Rus- 
sian advanced  posts,  upon  their 
intrenchments ;  while  at  the  same 
time,  an  attack  upon  the  Russian 
redoubts  was  made  by  a  detach- 
ment from  the  city.  This  detach- 
ment, was,  however,  driven  back  ; 
and  the  cavalry,  after  an  engage- 


RUSSIA  AND  TURKEY. 


333 


ment  with  the  corps  of  Lieutenant 
General  Kreutz,  fell  back  with 
considerable  loss,  upon  Shumla, 
whence  they  came. 

Such  was  the  relative  position  of 
the  belligerent  parties,  at  Silistria, 
till  the  middle  of  September,  when 
General  Prince  Tcherbatoff  arri- 
ved,  with  the  second  corps,  and  took 
the  direction  of  the  siege,  in  the 
place  of  General  Roth,  who  was 
called  before  Shumla. 

From  that  place  the  retreat  of 
Wittgenstein's  army,  after  the  fall 
of  Varna,  was  attended  with  severe 
disasters.  The  third  corps,  under 
General  Roudzwitch,  was  to  have 
joined  the  second  and  sixth,  com. 
manded  by  Generals  Tcherbatoff 
and  Roth.  Their  departure  was 
molested  by  scouts  of  cavalry, 
hanging  upon  their  rear,  who  were 
easily  repelled  ;  but  on  the  1 9th  of 
October,  just  as  the  third  corps 
were  about  to  enter  a  narrow  pass 
covered  with  wood,  the  rear  guard 
were  attacked  near  the  village  of 
Ardokhdon,  through  which  they 
were  to  march,  by  a  corps  of  about 
eight  thousand  cavalry,  supported 
by  regular  infantry  and  artillery. 
The  action  that  ensued  was  obsti- 
nate and  bloody  ;  but  the  Turks, 
after  obstinate  efforts,. and  heavy 
loss,  left  the  Russian  army  to  con- 
tinue their  retreat,  without  further 
molestation  from  them ;  though  it 
became  from  day  to  day  more  dif- 
ficult, by  floods  of  rain,  rendering 
the  roads  almost  impassable. 


The  friendly  allies  of  Russia, 
comforted  themselves  for  the  un- 
toward event  of  Varna,  in  the  con- 
templation and  exaggeration  of 
these  distresses  and  misfortunes  of 
the  Russian  arms.  They  compared 
the  retreat  of  the  third  Russian 
corps  to  Silistria,  with  that  of  Na- 
poleon to  the  Beresina,  in  1812. 
The  truth  was,  that  the  Russian 
cavalry,  weakened  already  by  a 
campaign  of  almost  perpetual  com- 
bat, and  by  the  scarcity  of  forage, 
was  nearly  dismounted.  Their  loss 
of  horses  was  immense — there 
were  scarcely  enough  left  to  draw 
the  artillery  and  the  baggage  ;  but 
the  loss  Of  men  was  comparatively 
small,  and  the  Turks  made  no  se- 
rious impression  upon  them  in 
their  retreat. 

Arriving  before  Silistria,  Field 
Marshal  Wittgenstein  found  the 
works  of  the  siege  not  much  ad- 
vanced. General  Tcherbatoff  had 
fallen  sick,  and  had  been  succeed- 
ed in  the  command  by  Count  Lan- 
geron,  till  the  expected  return  of 
General  Roth.  The  Russian  park 
of  artillery  was  of  not  less  than 
120  pieces  ;  but  the  garrison  re- 
ceived several  successive  rein- 
forcements of  men,  and  supplies  of 
provisions,  and  annoyed  the  be- 
siegers by  incessant  sorties,  more 
or  less  successful.  The  redoubts 
erected  in  front  of  the  city  or  camp, 
had  been  repeatedly  taken  and  re- 
taken, but  immediately  after  the 
arrival  of  the  corps  from  Shumla. 


336 


ANNUAL  REGISTER,  1827-8-9* 


a  long  ser-'es  of  tempestuous  wea- 
ther, and  torrents  of  rain,  had  flood- 
ed the  trenches,  and  rendered  the 
passage  of  munition  and  provision 
wagons  impracticable.  On  the 
second  of  November,  Count  Witt- 
genstein made  a  last  effort  by  con- 
verting the  siege  into  a  bombard- 
ment, in  the  hopes  of  reducing  the 
garrison  to  propose  a  capitulation. 
It  was  continued  two  days  and 
nights,  without  effect.  The  winter 
set  in  with  a  severity  seldom  known 
in  that  climate — the  batteries  and 
barracks  were  covered  with  snow—- 
the Danube  was  full  of  floating  ice 
—the  supplies  of  provisions  wholly 
failed— the  communications  were 
cut  off.  Count  Wittgenstein  con- 
cluded to  raise  the  siege,  and  to 
place  the  army  in  winter  quarters. 
The  remnants  of  the  second  and 
third  corps,  were  embarked  in  a 
flotilla,  upon  the  Danube,  and  de- 
scended in  two  divisions,  to  Kalla- 
rasch  and  Kirsova.  A  strong  di- 
vision  of  the  flotilla  remained  in 
sight  of  Silistria,  to  observe  the 
garrison ;  and  redoubts  were  thrown 
up  at  several  bridges  on  the  left 
bank  of  the  Danube,  before  the 
other  fortresses,  still  possessed  by 
the  Turks.  Notwithstanding  these 
precautions,  the  Russian  army  suf- 
fered great  distress  and  severe 
losses.  After  a  long  and  painful 
march,  Count  Wittgenstein,  at  the 
head  of  the  general  staff,  arrived 
on  the  19th  of  November  at  Jassy. 
The  abandonment  of  the  lines 


before  Shumla,  and  the  failure  of 
the  siege  of  Silistria,  had  disap- 
pointed the  expectation,  somewhat 
too  sanguine,  of  the  Russian  army 
and  nation.  Count  Wittgens 
was  received  with  every  mark  of 
respect  by  the  authorities  of  the 
Wallachian  capital ;  and  the  birth 
day  of  the  Grand  Duke  Michael 
was  celebrated  with  rejoicings  and 
festivities,  not  unmingled  with 
murmurs  of  complaint  and  dissa- 
tisfaction, at  the  administration  of 
the  two  principalities ;  the  de- 
ficiency in  the  organization  of  the 
system  of  furnishing  supplies,  and 
even  at  the  conduct  of  the  military 
operations. 

The  impression  upon  the  public 
mind  was,  that  upon  the  whole,  the 
campaign  had  been  unsuccessful ; 
and  it  was  natural  that  a  heavy 
share  of  the  responsibility  for  this 
issue,  should  fall  upon  the  com- 
mander-in-chief  of  the  army ;  by 
whom  it  had  been  commenced. 
Nor  was  this  impression  weakened! 
by  the  consideration,  that  this  ill 
success  had  been  most  conspicu- 
ous precisely  at  the  places  where 
he  had  commanded  in  person. 
The  resignation  of  Count  Wittgen- 
stein was  generally  expected,  and 
was  actually  tendered  to  the  Em- 
peror, who  did  not  immediately 
accept  it.  On  the  contrary,  he 
gave  him  assurances  of  his  per- 
sonal satisfaction,  and  enjoined  his 
further  continuance  in  command. 
The  count,  however,  persisted  in 


RUSSIA  AND  TURKEV. 


337 


soliciting  the  permission  to  retire, 
and  pleading  the  state  of  his  health, 
disordered  by  the  fatigues  of  the 
campaign,  he  obtained,  on  the  21st 
of  February,  1829,  the  Emperor's 
acceptance  of  his  resignation.  The 
chief  of  the  Imperial  General  Staff, 
General  of  Infantry,  and  Aid-de- 
Camp  General,  Count  Diebitch, 
was  appointed  to  the  command  of 
the  second  army,  and  the  General 
of  Infantry,  Aid-de-Camp  General 
Count  Paskevitch,  ofErivan,  com- 
mander-in-chief  of  the  detached 
corps  of  the  army  of  the  Caucasus. 

At  the  end  of  November,  the 
main  army  still  contained  an  effec- 
tive force  of  about  eighty  thousand 
men.  Nearly  an  equal  number 
had  perished,  or  been  disabled,  in 
the  campaign.  Of  the  survivors, 
seven  or  eight  thousand  were  sta- 
tioned in  Little  Wallachia,  under 
General  Geismar,  fifteen  or  twenty 
thousand  in  the  two  principalities, 
commanded  by  Count  Langeron. 
The  rest  were  distributed  in  the 
fortresses  on  the  right  bank  of  the 
Danube,  or  posted  along  from  Ba- 
badagh  to  Varna,  for  mutual  support 
in  the  event  of  an  attack.  The 
corps  of  General  Roth,  composed 
of  the  remnants  of  the  sixth  and 
seventh  corps,  and  of  the  imperial 
guards,  included  six  divisions  of 
infantry,  (incomplete,)  one  of  ca- 
valry,  four  regiments  of  Cossacks, 
three  battalions  of  pioneers,  and  a 
numerous  artillery.  The  head 
quarters  were  at  Varna,  the  forti. 

Vol..  HI. 


fications  of  which  had  been  re- 
paired and  strengthened  ;  and  the 
advanced  guard  was  at  Pravodi. 

The  Turks  made  considerable 
efforts,  and  some  demonstrations 
of  resuming  the  offensive,  and  re- 
covering Varna ;  nothing  serious, 
however,  occurred  till  the  2nd  of 
December,  when  a  corps  of  six 
thousand  men,  detached  from  the 
army  of  the  Grand  Vizier,  appeared 
before  the  advanced  posts  of  the 
Russians,  near  Pravodi.  They  re- 
mained several  days  in  that  posi- 
tion, and  then,  without  attempting 
any  thing,  retired  upon  Aidos  and 
Shumla.  The  Russians  pursued 
them  in  their  retreat,  and  took  from 
them  five  hundred  head  of  cattle. 
Some  slight  skirmishes  upon  the 
Danube  took  place  between  the 
8th  and  14th  of  December,  before 
Giurgevo ;  but  the  severity  of  the 
season,  impassable  roads,  and  fields 
covered  with  snow,  compelled  both 
parties  to  remain  inactive  in  their 
winter  quarters. 

While  the  European  dependen- 
cies of  the  Ottoman  Porte  had  been 
the  scene  of  this  sanguinary  and 
indecisive  campaign,  her  posses, 
sions  in  Asia  had  been  more  suc- 
cessfully assailed.  General  Pas- 
kevitch  of  Erivan,  had  barely  con. 
eluded  the  Persian  war,  by  a  de- 
finitive treaty  of  peace.  His  army 
had  enjoyed  but  a  short  interval  of 
repose,  when  he  recommenced  his 
operations.  On  the  7th  of  July,  at 
six  in  the  morning,  the  troops  were 

43 


338 


ANNUAL  REGISTER,  1827-8-9. 


formed  in  close  columns,  upon  a 
height,  not  far  from  the  river  of 
Arpatsehai  and  Mount  Ararat.  Di- 
vine service  was  there  performed, 
to  implore  the  protection  of  Heaven 
upon  the  Russian  arms.  Among 
those  columns,  was  the  novel  exhi- 
bition of  the  regular  regiment  and 
volunteer  ban  of  the  Tartars  of 
Shirwan,  who  defiled  in  perfect 
order  before  their  general.  At  the 
signal  given,  the  Cossacks  of  the 
Don  passed  the  river  of  Arpatsehai, 
followed  by  the  other  corps,  and 
marched  directly  upon  Kars,  one 
of  the  principal  places  of  Turkish 
Armenia ;  the  population  of  which 
had  been  reduced  by  the  emigra- 
tion of  the  United  Catholics ;  but 
the  garrison,  consisting  of  ten  or 
eleven  thousand  men,  was  very 
strong  in  cavalry. 

The  investment  of  the  place  was 
made  on  the  13th  of  July.  The 
commanding  pasha  had  taken  post 
upon  a  height,  in  an  intrenched 
camp,  which  commanded  the  city 
on  the  south-west  side.  It  was  es- 
sential that  it  should  be  taken,  to 
continue  the  labours  of  the  siege. 
After  two  or  three  days  of  small 
skirmishing,  the  Russians,  on  the 
15th  of  July*  charged  the  intrench- 
ments  with  the  bayonet,  with  such 
impetuosity,  that  the  Turks  were 
immediately  dislodged  from  them, 
and  the  three  ramparts  which  sur- 
rounded the  town  were  successively 
carried  in  the  pursuit.  A  small  part 
of  the  garrison  took  refuge  in  the 
citadel,  upon  a  mountain,  named 


Kaiodag,  which  a  few  hours  after* 
wards  they  surrendered.  Three 
thousand  horsemen  escaped  into 
the  mountains.  The  rest  laid  down 
their  arms.  The  Russians  found  in 
the  fortress  151  pieces  of  cannon,  33 
standards,  and  considerable  stores 
of  arms,  ammunition  and  provisions. 
General  Paskevitch  of  Erivan  esta- 
blished at  the  place  a  military  re- 
gency to  administer  the  pashalik,  in 
the  name  of  the  Emperor  of  Russia. 

About  the  same  time,  Prince 
Sipiaguin,  governor  of  Georgia, 
sent  to  attack  Poti,  a  detachment 
composed  of  troops  stationed  in  the 
provinces  of  Imiretia  and  Mingrelia, 
with  whom  was  joined  a  corps  of 
Mingrelian  militia,  commanded  by 
their  Khan,  under  the  orders  of 
Major  General  Hesse.  The  for- 
tress of  Poti,  invested  on  the  20th 
of  July,  surrendered  after  a  bom- 
bardment of  six  days,  by  a  capitu- 
lation, which  permitted  the  garrison, 
consisting  of  inhabitants  of  the 
neighbouring  provinces,  to  return 
to  their  homes.  Forty-four  pieces 
of  cannon,  and  some  munitions  of 
war  and  provisions,  were  found  in 
the  place,  the  last  possession  of 
the  Turks  on  the  eastern  shore  of 
the  Black  sea.  Its  position  ren- 
dered its  possession  of  some  im» 
portance  to  Russia. 

General  Paskevitch  of  Erivan. 
after  the  reduction  of  Kars,  ap- 
parently with  the  project  of  com- 
pleting the  conquest  of  Turkish 
Georgia,  and  to  open  a  communi- 
cation for  his  army  with  the  Black 


RUSSIA  AND  TURKEY. 


339 


sea,  made  his  next  movement  upon 
the  fortress  of  Akhalkali.  His 
march  across  the  upper  chain  of 
the  Tcschildyr  mountains,  was  long 
and  dangerous.  He  arrived  before 
the  place  only  on  the  12th  of  Au- 
gust ;  but  there  he  met  no  resist- 
ance. A  part  of  the  garrison  fled 
at  his  approach  ;  and  the  rest  laid 
down  their  arms.  Another  small 
fort  in  the  neighbourhood,  called 
Tcherwisy,  surrendered  a  few  days 
after  to  a  detachment  of  Tartar 
militia.  Twenty-seven  pieces  of 
cannon,  with  munitions  and  provi- 
sions, were  taken  in  these  two 
places ;  and  General  Paskevitch 
pursued  his  march  upon  Akhaltzik, 
situated  at  the  northern  extremity 
of  Turkish  Armenia. 

This  march  was  impeded  by 
partial  excursions  of  the  Turkish 
cavalry,  upon  his  rear  towards 
Kumry ;  but  more  by  the  moun- 
tainous character  of  the  country, 
intersected  by  considerable  water 
courses.  The  Pashas  of  Kars  and 
Erzeroum  (Mehemed  Kios,  and 
Mustapha)  availed  themselves  of 
the  delays  caused  by  these  obsta- 
cles, to  assemble  about  thirty  thou- 
sand men,  of  irregular  troops,  who 
reached  the  walls  of  Akhaltzik 
nearly  at  the  same  time  with  Ge- 
neral Paskevitch,  and  intrenched 
themselves,  after  the  Turkish  man- 
ner, in  three  or  four  small  separate 
camps  about  the  place.  On  the 
29th  of  August,  General  Paskevitch 
crossed  the  Koura,  and  encamped 


before  Akhaltzik,  in  the  face,  and 
in  defiance  of  these  forces,  though 
three  times  outnumbering  his  own. 
After  throwing  up  four  redoubts  to 
cover  his  camp,  and  establishing 
his  batteries  within  half  a  mile  of 
the  place,  on  the  2d  September,  he 
determined  to  leave  troops  for  the 
defence  of  the  camp,  and  of  the 
works ;  and  by  a  movement  with 
eight  battalions  of  infantry,  sup- 
ported by  cavalry,  and  twenty-five 
pieces  of  cannon,  to  turn  the  city 
by  an  almost  impassable  road,  and 
to  attack  the  reinforcements  under 
the  two  Pashas.  His  march,  how- 
ever, was  discovered  at  the  dawn 
of  day,  and  he  had  barely  time  to 
put  his  troops  in  position,  when 
they  were  attacked  from  three  sides 
at  once  with  the  most  determined 
impetuosity.  After  an  obstinate 
conflict  of  fourteen  hours,  in  the 
extremest  heat  of  summer,  the  in- 
trenched  camp  of  the  Turks  was 
carried  by  assault ;  the  auxiliary 
levies  were  put  to  flight,  and  their 
four  camps  fell  into  the  hands  of 
the  Russians.  A  part  of  the  Turk- 
ish  troops  sought  refuge  on  the  road 
to  Erzeroum.  About  five  thousand, 
with  Mehemed  Kios,  who  was 
wounded,  threw  themselves  into 
the  place.  Eleven  standards,  ten 
pieces  of  cannon,  and  all  their 
stores,  were  taken  by  the  Russians, 
whose  loss  however,  was  very  se- 
vere. The  siege  was  immediately 
commenced ;  three  days  of  in- 
cessant cannonade  opened  large 


ANNUAL  REGISTER,  185*7-8-9. 


breaches  in  the  ramparts;  and  on  the 
8th  of  September,  the  assault  took 
place.  After  thirteen  hours  of  re. 
sistance  and  slaughter,  costing,  as 
Count  Paskevitch  affirms,  in  his 
subsequent  order  of  the  day,  tor- 
rents of  blood  at  every  step,  the 
place,  famous  by  the  sanguinary 
violence  of  its  inhabitants,  and  de- 
fended by  fifteen  thousand  men, 
remained  the  prize  of  the  victorious 
army.  Five  horse  tails,  as  many 
standards,  seventy  pieces  of  can- 
non,  and  five  thousand  slaughtered 
enemies,  were  the  trophies  of  the 
day.  The  portion  of  the  garrison 
which  succeeded  in  effecting  their 
retreat  into  the  citadel,  surrender- 
ed  the  next  day  by  capitulation. 

It  is  presumable,  that  the  price 
at  which  these  successes  had  been 
purchased  in  the  blood  of  the 
victors,  had  too  much  reduced  the 
army  of  General  Paskevitch,  to 
warrant  any  further  undertaking  by 
him  upon  Erzeroum  or  Trebizond. 
A  corps  of  Turkish  cavalry,  com- 
manded by  the  Pasha  of  Mousch, 
attempted  a  diversion  in  the  pro- 
vince of  Kars  ;  but  were  put  to 
flight  by  a  detachment  from  that 
place,  commanded  by  Prince  Be- 
kovitch,  on  the  10th  of  Septem- 
ber ;  and  on  the  15th,  another  re- 
giment took  possession  of  Ardaghan. 
General  Paskevitch  afterwards  de- 
tached a  corps  of  1,200  infantry, 
600  cavalry,  and  six  pieces  of  ar- 
tillery, under  Major  General  Prince 
Tschifschiwadzin,  who,  after  se- 


veral skirmishes,  with  the  assist* 
ance  of  a  body  of  volunteer  Arme- 
nians, and  of  about  100  Kurds,  com- 
mandedby  Kassan-Aga  of  Gossina, 
took  possession  of  Bayazid,  Djadin, 
and  the  fortress  of  Toprak-Kalch  ; 
occupied  the  whole  pashalikof  Bay. 
azid,  and  unfolded  the  Russian 
standard  for  the  first  time  upon  the 
banks  of  the  Euphrates.  With 
this,  terminated  the  campaign  of 
the  Asiatic  army  under  General 
Paskevitch  of  Erivan,  who  went  into 
winter  quarters  about  the  20th  of 
October,  1828. 

The  naval  operations  of  Russia 
will  complete  the  account  of  the 
operations  of  the  campaign.  The 
destruction  of  the  Turkish  fleet  at 
Navarino,  had  left  to  the  Russians 
the  indisputable  command  of  the 
Black  sea ;  a  circumstance  of  no 
inconsiderable  moment,  in  pre- 
paring the  issue  of  the  war.  Im- 
mediately after  the  declaration  of 
the  Emperor  of  the  7th  of  May,  an 
expedition  of  seven  or  eight  thou- 
sand men,  under  the  command  of 
Admiral  Greig,  was  embarked  at 
Sevastopol,  and  directed  against  the 
fortress  of  Anapa,  on  the  eastern 
shore  of  the  Black  sea.  The  expe- 
dition sailed  on  the  15th  of  May, 
but  was  so  delayed  by  adverse 
winds,  calms  and  fogs,  that  it  arri. 
ved  before  Anapa  only  on  the  26th. 
On  the  28th,  the  landing  of  the 
troops  was  effected  under  the  com- 
mand of  the  aid-de-camp,  General 
Prince  Mentzikoff,  Under  the  fire 


RUSSIA  AND  TURKEY. 


341 


of  a  garrison  of  3,000  men,  sup- 
ported by  Circassian  cavalry,  and 
several  thousand  mountaineers. 
The  Russians  had  also  received 
some  reinforcements  from  Turnau. 
They  drew  a  line  of  circumvalla- 
tion  around  the  place,  crossing  the 
isthmus  upon  which  Anapa  is  built ; 
and  extended  on  both  sides  to  the 
sea.  After  some  days,  the  works 
were  pushed  to  the  glacis,  and  on 
the  10th  of  June,  the  descent  into 
the  ditch  having  been  effected,  and 
three  breaches  opened,  the  Pasha 
surrendered  the  place  the  next  day. 
Eighty-five  pieces  of  cannon,  and 
abundant  supplies  of  warlike  stores 
and  provisions  fell  into  the  hands  of 
the  victors.  Admiral  Greig,  with 
the  fleet,  consisting  of  eight  line  of 
battle  ships,  five  frigates  and  some 
smaller  vessels,  and  the  seventh 
division  of  infantry,  proceeded  from 
Anapa  to  co-operate  in  the  siege  of 
Varna,  before  which  place  he  arri- 
ved about  the  4th  of  August. 

Besides  this  fleet,  there  was  a 
squadron  underVice- Admiral  Count 
Heyden,  which  had  been  sent  into 
the  Mediterranean  in  1827 ;  and 
which  was  now  blockading  the 
Greek  islands,  that  were  in  pos- 
session of  the  Turks  ;  and  also  an- 
other squadron  of  four  ships  of  the 
line^and  three  frigates,  under  the 
command  of  Rear  Admiral  Ricord, 
who  sailed  from  Cronstadt  in  July, 
to  join  with  Vice-Adnjjral  Heyden, 
for  the  blockade  of  the  Dardanelles. 

At  the   commencement  of  the 


war,  the  Russian  government  ap- 
pear to  have  been  somewhat  em- 
barrassed,  with  regard  to  the  prin- 
ciples upon  which  their  maritime 
warfare  should  be  conducted;  an 
embarrassment  resulting  from  two 
different  sources — first,  from  the 
inconvenience  to  the  belligerent 
condition,  of  the  principles  favoura- 
ble to  maritime  neutrality,  which 
had  so  largely  contributed  to  the 
glory  of  Catherine  the  Second,  and 
which  the  Emperor  Alexander  so 
long  maintained ;  and,  secondly, 
from  the  double  attitude  in  which 
the  Russian  force  in  the  Mediter- 
ranean was  exhibited, — associated 
with  the  squadrons  of  Great  Britain 
and  France,  in  execution  of  the 
treaty  of  6th  of  July,  1827,  and 
at  the  same  time,  separately  belli- 
gerent against  the  Turks.  In  this 
dilemma,  the  first  orders  issued  to 
Admiral  Heyden,  were  to  exercise 
the  rights  of  a  belligerent,  with  the 
most  scrupulous  regard  to  those  of 
neutral  commerce  ;  and  with  refe- 
rence to  the  conflicting  principles 
between  neutral  and  belligerent 
maritime  rights,  to  follow  the  prin- 
ciples of  the  treaty  between  Great 
Britain  and  Russia,  in  1801:— a 
selection  of  authority  the  more  re- 
markable, inasmuch  as  it  was  a 
treaty  no  longer  existing  as  obliga- 
tory  between  the  two  nations.  The 
principles  of  that  treaty  were  nei- 
ther those  of  the  aYmed  neutrality, 
nor  those  for  which  Great  Britain, 
as  a  belligerent,  had  contended : 


ANNUAL  REGISTER,  1827-8-9. 


but  a  compromise  between  them. 
They  abandoned  the  claim  of  right 
to  carry  the  property  of  enemies 
in  neutral  ships ;  but  they  conceded 
something  to  the  Russian  doctrines 
and  interests,  in  the  list  of  contra- 
band articles,  and  in  contracting 
the  extent  of  lawful  blockades. 
But  the  rights  of  nations,  to  British 
statesmen,  are  one  thing  when 
Britain  is  a  belligerent,  and  another 
thing  when  she  is  a  neutral  power. 
As  between  Russia  and  the  Porte, 
she  was  now  neutral ;  and  the  prin- 
ciples of  her  treaty  of  1801  did  by 
no  means  suit  the  interests  of  her 
commercial  navigation  in  the  Medi- 
terranean. She  remonstrated — 
she  expostulated ;  and  the  Empe- 
ror Nicholas,  at  least  for  a  time, 
waived  his  belligerent  rights  in  that 
sea.  "  His  imperial  majesty,"  said 
the  King  of  Great  Britain,  in  his 
speech  to  Parliament  on  the  28th 
of  July,  "  has  consented  to  waive 
the  exercise,  in  the  Mediterranean 
sea,  of  any  rights  appertaining  to 
his  imperial  majesty,  in  the  cha- 
racter of  a  belligerent  power ;  and 
to  recall  the  separate  instructions 
which  had  been  given  to  the  com- 
mander of  his  naval  forces  in  that 
sea,  directing  hostile  operations 
against  the  Ottoman  Porte." 

"  His  majesty  will  therefore  con- 
tinue to  combine  his  efforts  with 
those  of  the  king  of  France  and 
his  imperial  majesty,  for  the  pur- 
pose of  carrying  into  complete  ex- 


ecution the  stipulation  of  the  treaty 
of  London." 

Whatever  may  have  been  the 
negotiations  between  the  two  cabi- 
nets, which  led  to  the  result  thus 
announced  ;  it  is  clear  that  the  king 
of  England  intended  by  the  lan- 
guage of  this  paragraph  to  be  un- 
derstood, that  his  continuance  to 
combine  his  efforts  with  those  of 
France  and  Russia,  for  the  execu- 
tion of  the  treaty  of  6th  July,  1827, 
had  been  conditional  ;  and  de- 
pended altogether  upon  the  consent 
of  the  Emperor  Nicholas  to  waive 
his  belligerant  rights  in  the  Medi- 
terranean ;  and  that  this  resolution 
had  been  distinctly  made  known  to 
the  Emperor.  It  is  not  said,  but 
the  necessary  inference  from  the 
paragraph  is ;  that  unless  he  had 
consented  to  waive  his  belligerent 
rights,  Great  Britain  would  have 
discontinued  her  joint  efforts  for 
the  execution  of  the  treaty  of  Lon- 
don ;  and  that  he  had  consented  to 
waive  his  rights  under  a  warning  of 
the  intended  alternative. 

That  there  was  some  misunder- 
standing between  the  two  cabinets, 
resulting  from  this  complicated 
condition,  half  belligerent,  half 
neutral,  appears  evident  from  the 
letter  of  Count  Heyden  of  the  28th 
of  October,  1828,  to  the  officers 
commanding  the  squadron  of  the 
neutral  powers  in  the  Levant,  an- 
nouncing the  blockade  of  the  Dar- 
dannelles  and  of  Constantinople  ; 


RUSSIA  AND  TURKEY. 


348 


a  measure  which  must  have  been 
determined  upon  at  St.  Petersburg, 
if  not  before,  very  shortly  after  the 
knowledge  there  of  this  speech  of 
his  Britannic  majesty.  The  block- 
ade of  the  Dardanelles  was  surely 
not  a  waiver  of  belligerent  rights. 
The  letter  of  Count  Heyden  ob- 
served, that  the  ordinary  and  posi- 
tive laws  of  maritime  neutrality 
imposed  upon  neutrals  the  obliga- 
tion of  respecting  every  effective 
blockade,  and  secured  to  the  power 
establishing  it  the  lawful  right  of 
causing  it  to  be  observed  rigorous- 
ly, and  without  exception  ;  but  that 
his  imperial  majesty,  always  faith- 
ful to  his  promises,  to  occasion  as 
little  damage  as  possible  to  the 
commerce  of  neutral  nations,  au- 
thorized his  squadron, 

1st.  To  permit  the  entrance  of 
the  Dardanelles,  (and  access  to 
Constantinople,)  to  all  neutral  ves- 
sels submitting  to  be  visited,  and 
having  on  board  no  contraband  of 
war  or  provisions. 

2nd.  To  permit  the  passage  from 
Constantinople,  of  all  vessels  bound 
to  Europe,  unless  with  troops,  or 
warlike  stores,  or  provisions,  for 
places  within  the  limits  prescribed 
by  the  treaty  of  6th  of  July, 
1827. 

3rd.  To  use  force  only  at  the 
last  extremity,  against  neutral  ves- 
sels attempting  to  evade  the  visit, 
or  to  violate  the  blockade. 

The  execution  of  the  blockade 
was  committed  to  the  charge  of  the 


squadron  under  the  command  of 
Vice-Admiral  Ricord.  It  was  never 
very  effective.  The  rapidity  of  the 
currents,  and  the  dangers  of  the 
winter  season,  rendered  it  impos- 
sible to  keep  the  ships  permanent- 
ly  stationed  at  the  entrance  of  the 
Dardanelles.  Liberal  as  were  the 
exceptions  favourable  to  neutral 
commerce  in  the  Admiral's  instruc- 
tions, they  were  still  not  sufficient- 
ly accommodating  to  English  com- 
merce in  particular  ;  and  another 
relaxation  was  subsequently  grant- 
ed, by  permitting  neutral  vessels, 
laden  at  what  port  soever,  before 
they  could  have  had  knowledge  of 
the  declaration  of  blockade,  to 
carry  their  cargoes  to  their  desti- 
nation, until  a  given  time.  But 
neither  this  blockade,  which  was 
much  interrupted  in  the  winter,  nor 
a  decree  of  the  Emperor,  issued 
the  20th  of  August,  which  prohi- 
bited the  exportation  of  all  sorts  of 
grain  from  the  ports  upon  the 
Euxine,  and  the  sea  of  Azoff, 
appear  to  have  had  any  effect  in 
producing  a  scarcity  at  Constanti- 
nople. 

Upon  the  return  of  the  Emperor 
to  St.  Petersburg,  on  the  26th  of 
October,  he  found  his  mother  ill 
of  a  fever.  She  died  a  few  days 
after,  deeply  lamented  by  him,  and 
sincerely  regretted  by  the  whole 
nation.  She  was  born  on  the  26th 
of  October,  1759  ;  daughter  of 
Frederick,  Duke  of  Wurtemberg  ; 
and  was  the  second  wife  of  the 


344 


ANNUAL  REGISTER,  1827-8-9. 


Emperor  Paul  ;  his  widow  since 
the  24th  of  March,  1801.  She  was 
a  woman  of  eminent  qualities ;  of 
consummate  prudence  ;  of  a  gene- 
rous and  lofty  public  spirit ;  and  of 
conspicuous  devotion  to  her  duties, 
in  all  the  relations  of  domestic  life. 
It  may  be  doubted,  whether  the  in- 
fluence  of  Catherine  the  second 
herself,  upon  the  fortunes  and  cha- 
racter of  the  Russian  people,  has 
been  as  great,  or  so  beneficent,  as 
that  of  this  princess.  She  was  at 
the  head  of  several  institutions 
founded  by  herself,  for  the  promo- 
tion of  the  useful  arts  ;  for  the  im- 
provement of  national  manufac- 
tures ;  and  especially,  for  the  edu- 
cation of  females,  as  well  in  the 
highest  as  in  the  humbler  walks  of 
life.  She  devoted  herself  with  the 
most  indefatigable  assiduity,  and 
the  most  ardent  maternal  affection, 
to  the  education  of  her  own  chil- 


dren ;  and  was  rewarded,  not  only 
by  the  deepest  filial  reverence  and 
gratitude  on  their  parts,  but  by  the 
developement  of  fine  qualities  of 
the  heart  and  understanding  in 
them.  Of  her  personal  ascendancy 
over  them,  the  abdication  of  the 
Czarevitch,  Grand  Duke  Constan- 
tine,  of  his  right  to  the  imperial 
throne,  and  the  elevation  of  the 
present  Emperor,  upon  the  decease 
of  their  brother  Alexander,  is  an 
example  perhaps  without  parallel 
in  the  annals  of  the  world.  It  was 
the  ascendancy  of  exalted  virtue, 
and  of  a  large  and  comprehensive 
mind,  the  more  absolute  for  being 
purely  intellectual ;  an  ascendancy 
before  which  that  of  the  sword  or 
the  sceptre  withers  into  impotence. 
It  was  the  magic  of  a  mother's  ten- 
derness and  penetration,  upon  the 
conscience  and  the  will  of  dutiful 
children. 


CHAPTER  XIII. 


Expulsion  from  Constantinople,  of  Armenian  Catholics — Deputation  of 
four  Archbishops,  to  offer  an  amnesty  to  the  Greeks — Treaties  with 
Spain,  Naples  and  Denmark — Preparations  for  war— Efforts  of  the 
Austrian  and  Netherland  Legations  at  Constantinople,  to  avert  the  war 
—Answers  of  the  Porte — Arrival  of  the  Russian  Declaration — Council 
at  the  House  of  the  Mufti — Note  from  the  Reis  Effendi,  inviting  there- 
turn  of  the  British  and  French  Ambassadors — Answer  of  Count  Guil- 
leminot — The  Sultan  consults  a  fortune-teller — Decides  for  war — War 
measures — Levies  of  troops — Fail  in  Bosnia  and  Servia — Disorders 
at  Constantinople — Departure  of  the  Grand  Vizier,  for  Varna. — The 
Sultan  removes  to  Ramish  Tchifflik,  with  the  Standard  of  the  Prophet — 
Landing  of  the  French  Army  in  the  Morea — New  invitation  to  the 
French  and  English  Ambassadors  to  return — Surrender  of  Varna — 
Yussuf  Pasha  declared  infamous — His  estates  sequestered — The 
Grand  Vizier  displaced — Izzet  Mehemed  appointed  to  that  office — Re- 
treat of  the  Russians  from  Shumla — Siege  of  Silistria  raised — Eject 
of  these  events  at  Constantinople — Armies  retire  to  winter  quarters — 
Blockade  of  the  Dardanelles  by  ike  Russians — Negotiations  at  Constan- 
tinople^ renewed  by  the  Dutch  Minister  Van  Zuylen — Declaration  of  the 
British,  French,  and  Russian  Ministers  at  London,  the  16lh  of  November, 
1828 — Communicated  to  the  Porte. 


WE  closed  the  account  of  the 
affairs  of  Greece  and  Turkey,  in 
the  preceding  volume  of  this  work, 
with  the  departure  from  Constan- 
tinople, of  the  ambassadors  of 
Great  Britain,  France  and  Russia, 
on  the  8th  of  December,  1827. 
And  in  the  foregoing  chapters,  we 
have  seen  the  determination  of  the 
Ottoman  Porte,  then  immediately 
taken,  to  make  it  the  signal  of  a 
war  with  Russia ;  and  to  give  it 
the  character  of  a  religious  war. 
.  This  intention  was  fully  disclosed 
in  the  Hatti  Sheriff  of  the  20th  of 

Vox,,  in.  44 


December,  and  was  further  mani- 
fested by  the  measures  immediate- 
ly taken,  not  only  •  gainst  Russian 
subjects  and  commerce,  but  by  the 
expulsion  at  a  few  days  notice  of 
all  the  subjects  of  the  three  pow- 
ers residing  at  Constantinople. 
Against  these  severities,  the  mi- 
nisters of  the  other  European  pow- 
ers, who  still  remained  in  that  capi- 
tal, remonstrated  in  vain.  Not 
content  with  this,  the  same  decree 
of  proscription  was  extended  to  all 
the  Armenian  catholics  of  Angora, 
to  the  number  of  about  twenty 


3.40 


'ANNUAL  REGISTER,  1827-8-9. 


seven  thousand  ;  themselves  sub- 
jects  of  the  Sultan,  and  living  at 
Constantinople.  They  were  or- 
dered within  a  term  of  ten  days,  to 
settle  their  affairs,  and  their  fa- 
milies and  their  children  to  leave 
the  city,  and  return  to  their  original 
country.  The  reasons  assigned  in 
the  firman  for  this  proscription, 
were,  that  by  an  ancient  law  of  the 
empire,  the  Rayahs  of  the  pro- 
vinces were  forbidden  to  change 
fcheir  residence  at  their  pleasure  : 
and  especially  to  fix  their  abode  at 
Constantinople ;  that  by  a  voluntary 
relaxation  of  this  law,  multitudes  of 
them  had  flocked  to  the  capitol, 
and  had  been  the  cause  of  great 
disorder.  That  there  were,  es- 
pecially, crowds  of  Armenian 
priests,  bankers,  merchants  and 
tradesmen,  with  whom  were  asso- 
ciated many  vagabonds,  whose 
conduct  was  altogether  contrary  to 
their  duties,  and  could  no  longer 
be  tolerated  by,  the  Porte.  The 
numbers  of  them  were  so  great, 
that  it  was  impossible  to  distinguish 
between  the  innocent  and  the 
guilty  ;  and  therefore  the  decree 
of  banishment  included  them  all. 
This  capital  (said  the  firman)  is 
henceforth  interdicted  to  those  Ar- 
menians. Let  them  go  back  to 
their  own  country,  and  seek  sup- 
port there  from  commerce  and 
agriculture ;  and  let  them  know  the 
punishments  which  await  them,  if 
within  the  term  of  ten  days,  they 
shall  not  have  taken  their  departure. 


Some  exceptions  were  obtained 
by  the  intervention  of  the  Austrian 
internuncio  and  of  the  Armenian 
Patriarch,  in  behalf  of  sick,  or  blind, 
or  infirm  individuals ;  and  to  those 
who,  abandoning  the  rites  of  the 
Roman  Catholic  Church,  put  them- 
selves under  "the  protection  of  the 
Greek  Patriarch.  But  they  were 
few  in  number,  and  the  expulsion 
was  almost  universal.  Thousands 
of  families,  in  the  course  of  a  few 
days,  removed  from  the  suburbs  of 
Pera  and  of  Galata,  which  were 
left  deserted.  Wretched  fathers, 
bearing  their  children  in  their  arms ; 
weeping  mothers,  holding  elder 
children  by  the  hand,  were  seen 
sadly  moving  towards  the  port, 
where  they  were  all  hurried  toge- 
ther into  frail  barks,  several  of 
which  perished  within  sight  of  the 
harbour,  or  upon  the  Asiatic  shore. 
Others  sunk  under  the  fatigues  and 
hardships  of  a  winter's  travel  over 
mountains  covered  with  snow,  vic- 
tims of  cold  or  hunger,  before  they 
reached  the  spot  to  which  they  were 
bound.  The  houses  evacuated  by 
the  poor,  were  immediately  filled 
by  the  Turkish  populace  or  by  sol- 
diers. Those  of  the  wealthy  were 
sequestered  for  sale,  to  replenish 
the  Sultan's  coffers :  some  were 
sold  at  low  prices  to  Mussulmen, 
who  were  exclusively  allowed  to 
purchase  them,  and  the  rest  were 
reserved  for  barracks. 

While  the  Porte  was  thus  exhi- 
biting to  the  world  the  beneficence 


TURKEY  AND  RUSSIA, 


341 


of  its  protection  to  the  Christians 
of  Angora,  she  was  holding  out  to 
the  Greeks,  through  the  Patriarch 
of    their    church,    Agathangelos, 
terms  of  amnesty,  which  were  sent 
by  a  deputation  of  bishops,  whose 
mission  was  unsuccessful.     Trea- 
ties were   concluded   with  Spain, 
Naples  and  Denmark,  stipulating 
the  free  admission  to  the  navigation 
of  the  Black  sea  to  their  merchant 
vessels,  and  access  to  the  Turkish 
ports,  on  the  payment  of  moderate 
duties.     The  enjoyment  of  the  pri- 
vilege was,  however,  rendered  in 
a  great  degree  nugatory,  by  regu- 
lations which   required  a  special 
finnan    of   the  Sultan   for   every 
vessel,  and  subjected  vessels  laden 
with  grain  to  an  arbitrary  right  of 
purchase   by  the   government,  at 
prices  fixed  by  itself. 
•    At  the  same  time,  the  prepara- 
tions for  war  were  pushed  with  all 
the  vigour  and  activity  which  des- 
potism could  command.  Thousands 
of  workmen  were  sent  to  hasten  the 
manufacture  of  fire-arms,   at  the 
armories  of  Semendria  and  of  Gra- 
bora ;  to  complete,  as  soon  as  pos- 
sible, the  armed  ships  that  were 
building,  and  the  repairs  of  those 
which  had  escaped  from  the  destruc- 
tion of  Navarino ;  and  to  fortify  the 
accessible  points  on  the  shores  of 
the  Dardanelles  and  of  the  Bospho- 
rus.    Orders  were  despatched  to  the 
Pashas  of  Europe,  of  Silistria,  of 
Widdin,  of  Servia,  of  Bosnia,  and 
above  all,  of  Albania,  to  send  for- 


ward  to  the  line  of  the  Danube  or 
to  Adrianople,  their  choicest  troops ; 
and  swarms  of  Asiatic  cavalry  were 
arriving  and  disembarking  at  Con- 
stantinople,  where  they  were  re- 
ceived with  shouts  of  joy  by  the 
people,  and  where  they  committed 
many  brutal  outrages  upon  the  Ra- 
yahs and  even  upon  the  Franks. 

The  Dragomans  from  the  Lega- 
tion of  Austria  and  of  the  Nether, 
lands,  repaired  frequently  to  the 
Reis  Effendi,  to  make  known  to 
him  the  extreme  anxiety  of  their 
governments,  that  the  conflict  be- 
tween the  Porte  and  Russia  might 
be  averted.  The  answer  of  that 
minister  was,  that  the  Sultan  was 
far  from  desiring  war ;  that  he  had 
given  no  cause  for  the  declaration 
of  it  by  Russia ;  that  the  Hatti 
Sheriff  of  December  was  addressed 
only  to  his  own  subjects,  for  which 
he  was  not  accountable  to  any 
foreign  power ;  and  that  he  was  not 
disposed  to  submit  to  dictation  from 
abroad;  that  the  Ottoman  nation 
would  defend  their  rights,  rather 
than  submit  to  any  dishonour ;  that 
the  Sublime  Porte  believed  no  good 
would  result  from  any  further  con- 
cession ;  and  that  the  pacific  pro- 
fessions of  Russia  were  in  no  wise 
sustained  by  the  facts. 

As  to  the  interference  of  foreign 
powers,  in  the  rebellion  of  Greece, 
it  was  regarded  as  an  usurpation 
upon  the  rights  of  sovereignty  and 
upon  the  Ottoman  religion. 

"  If  other  powers,"  said  the  Reis 


ANNUAL  REGISTER  1837-8-9, 


Effendi,  "  can  suffer  the  interven- 
tion of  foreigners  in  their  internal 
affairs,  they  must  consider  the 
Porte  as  an  exception  to  the  rule  ; 
because  her  political  existence  is 
founded  upon  her  religion,  which 
Admits  of  no  such  intervention. 
All  that  can  be  said  on  this  subject, 
will  he  useless, — the  Porte  never 
will  submit  to  such  interference." 

But  while  thus  inflexibly  resisting 
of  the  execution  of  the  treaty  of  6th 
July,  1827,  assurances  were  given 
that  the  Porte  would  readily  agree, 
tq  fulfil  all  the  conditions  of  the 
treaty  of  Ackerman,  and  to  open 
the  passages  to  the.  Black  sea,  to 
all  the  freedom  of  navigation,  con. 
sistent  with  her  own  safety,  and 
the  subsistence  of  her  subjects. 
As  an  evidence  of  her  liberality  in 
this  respect,  the  passage  of  the 
Dardanelles  and  access  to  Constan- 
tinople, were  allowed  to  merchant 
vessels  of  the  United  States  of 
America,  upon  the  payment  of 
moderate  duties  ;  a  privilege  cer- 
tainly not  provided  for,  by  the  trea- 
ty of  July,  1827. 

After  the  religious  solemnities  of 
the  Bairam  had  been  performed, 
and  the  Sultan  had  removed  to  his 
summer  palace  of  Bechiktach, 
with  his  harem,  on  .the  14th  of 
May  the  Russian  declaration  of 
war  was  received ;  and  on  the 
next  day  came  the  account  o.f  the 
passage  of  the  Pruth  by  the  Rus- 
sian  army. 

On   the   same  night  a  general 


council  was  held,  at  the  house  of  the 
new  mufti,  (whose  predecessor  had 
recently  been  deposed,  on  account 
of  his   aversion   to    the    reforms 
of  the  Sultan.)     At  this  meeting, 
all  the  ministers  and  the   principal 
Ulemas  were  present.     The  voice 
for  war  to  the   last  extremity  in 
defence  of  the  empire,  and  of  the 
Koran  was  unanimous.    War  was 
announced  by  proclamations  in  all 
the    public    places,    and    all   the 
mosques.      At  the  same   time  was 
published  a  form  of  appeal  to  the 
whole  nation,  commanding  in  the 
most     urgent    terms    all    faithful 
Mussulmen  to  unite  for  the  defence 
of  their  religion  and  of  the  empire, 
and  to  give  in  their  names,  and  re- 
ceive arms  at  their  respective  pla- 
ces of  enrolment.     The  war  was 
so  universally  expected,  that  this 
summons  was  received  by  the  peo- 
ple  with    apparent     indifference, 
and  was  followed  by  none  of  the 
customary  popular  excesses. 

The  foreign  ministers  renewed 
their  instances  with  fruitless  efforts, 
to  deter  the  Sultan  from  rushing  to 
his  ruin.  On  the  26th  of  May,  the 
ambassador  of  the  Netherlands  had 
an  audience  of  the  Reis  Effendi, 
and  repeated  the  advice  so  often 
spurned,  that  the  Porte  should  give 
satisfaction  to  Russia,  and  accede 
to  the  stipulations  of  the  treaty  of 
6th  of  July,  1827,  in  which  event 
he  assured  the  minister,  that  the 
ambassadors  of  the  three  confede- 
rates would  immediately  return  to 


TURKEY  AND  RUSSIA. 


Constantinople.  The  Reis  Effendi 
answered  by  repeating  the  assu- 
ranees  of  the  Porte,  that  she  sin- 
cerely denied  peace,  and  was 
willing  to  perform  all  the  engage- 
ments of  the  treaty  of  Ackerman  ; 
but  that  when  the  sword  was  drawn 
against  her,  the  only  alternative 
left  her  was  to  draw  her  own  in 
her  defence. 

On  the  28th  of  May,  the  Reis 
Effendi  addressed  to  the  British 
and  French  ambassadors,  (who,  in 
expectation  of  a  renewal  of  nego- 
tiations, had  repaired  to  Corfu,)  a 
note  inviting  them  to  return  to 
Constantinople  for  that  purpose. 
The  note  begins  by  lamenting  the 
departure  of  the  ambassadors, 
which  with  some  ingenuity  and 
address  it  attributes  to  a  fatality. 
It  expresses  great  satisfaction  at 
their  return  to  Corfu,  as  a  first  step 
towards  the  renewal  of  diplomatic 
intercourse  with  them  ;  and  signifi- 
cantly remarks,  that  the  declara- 
tion of  their  governments  both 
before  and  since  "  had  demonstra- 
ted that  the  first  and  the  last  wish 
of  France  and  Britain,  and  the 
great  object  of  their  friendly  efforts, 
was  to  preserve  the  dignity  and 
promote  the  welfare  of  their  an- 
cient ally,  the  Sublime  Porte,  and 
to  maintain  her  sovereignty  and  her 
power." 

It  proceeds  to  say,  that  with  this 
disposition,  and  the  well  known  n- 
violable  regard  for  justice  and  fideli- 
ty to  her  engagements  of  the  Sub- 


lime Porte,  her  sincere  friendship 
and  observance  of  her  holy  reli- 
gion, this  secession  had  not  appear- 
ed to  be  altogether  conformable  to 
the  friendly  relations  existing  be- 
tween the  governments.  He  in- 
vites  them,  therefore,  with  great  ear- 
nestness  and  cordiality  to  return, 
with  assurances  that  they  shall  be 
received  with  every  mark  of  dis- 
tinction. 

One  week  after  the  date  of  this 
letter,  on  the  4th  of  June,  was  issu- 
ed the  manifesto  in  answer  to  the 
Russian  declaration  of  war ;  the 
purport  of  which  has  been  fully  ex- 
posed in  our  last  chapter.  The 
Hatti  Sheriff  of  the  20th  of  Decem- 
ber, though  loaded  with  special 
charges  of  bitterness  against  Rus- 
sia, had  been  sufficiently  virulent 
against  her  confederates,  and  had 
particularly  reminded  the  Turkish 
people  of  the  Ottoman  proverb, 
that  "  all  infidels  constitute  but  one 
nation."  Since  then  however,  his 
Britannic  majesty  had  informed  his 
parliament,  and  the  world,  that  the 
Sultan  was  his  ancient  ally,  and  that 
he  considered  the  victory  at  Nava- 
rino  as  an  untoward  event.  The 
Reis  Effendi  avails  himself  of  these 
sentiments,  and  extends  them  to 
France ;  where  at  least  no  such 
awkward  incongruity  had  been  put 
into  the  mouth  of  the  king.  The 
Reis  Effendi  deals  out  his  courte- 
sies with  equal  hand,  both  to  Bri- 
tain and  to  France  ;  recognises 
both  as  ancient  allies  of  the  Sultan, 


350 


ANNUAL  REGISTER,  1827-8-9. 


and  refers  to  declarations  not  only 
before,  but  since  the  departure  of 
the  ambassadors,  as  demonstrative 
of  the  beneficence  of  their  policy 
towards  the  Porte. 

The  answer  of  the  British  ambas- 
sador to  this  invitation,  has  not 
been  made  public.  That  of  the 
French  ambassador,  Count  Guille- 
minot,  was  frank  and  explicit.  He 
said  that  his  sovereign  having  ful- 
ly approved  of  his  departure,  and 
of  that  of  his  colleagues,  and  of  the 
motives  upon  which  they  had  taken 
that  step,  it  might  be  sufficient  for 
him  to  say,  that  he  could  not  return 
without  receiving  his  majesty's  fur- 
ther orders ;  but  that  in  the  true 
spirit  of  friendship,  he  thought  it 
proper,  further  to  declare  his  belief 
that  no  such  order  would  be  given 
by  his  government,  until  the  Porte 
shall  have  subscribed  to  the  propo- 
sitions jointly  made  by  the  three 
ambassadors  at  Constantinople. 

*'  It  only  remains  for  me,"  (said 
he,)  "to  appeal  once  more  to  the 
prudence  of  the  Sublime  Porte,  and 
to  a  more  correct  estimate  of  the 
interests  of  the  Ottoman  Porte. 
The  Divan  is  undertaking  to  sup- 
port a  load,  which  must  finally 
crush  her  to  the  earth.  Her  pre- 
servation is  sincerely  desired  by 
the  powers  of  Europe  ;  but  the  ful- 
filment of  this  desire  no  longer  be- 
longs to  them,  it  depends  entirely 
upon  the  Porte  herself.  Let  the 
government  of  his  highness  then  at 
•least  reflect  upon  the  mistakes  so 


recent  and  so  portentous  of  their 
own  polity,  let  them  open  their  own 
eyes  to  the  light:  and  if  the  councils 
of  pure  friendship ;  ifthe  warnings  of 
the  most  disastrous  experience,  are 
insufficient  for  their  conviction,  let 
them  study,  in  the  dispositions  of 
their  own  people,  the  rule  of  their 
duties,  and  the  paths  which  they 
should  pursue.  I  shall  not  dwell, 
excellent  sir,  upon  this  painful  pic- 
ture of  the  sufferings  of  the  em- 
pire ;  upon  its  want  of  peace  ;  upon 
its  inertness,  which  urges  to  it,  and 
which  must  render  its  necessity 
palpable  to  the  blindest  observer. 
You  would  not  acknowledge  it,  I 
know  ;  but  I  cannot  doubt  that  your 
judgment  of  it  agrees  with  mine. 
I  wish  at  least  so  to  believe  ;  that  I 
may  not  wholly  resign  the  cheering 
hope  of  an  early  return  by  the  Sub- 
lime Porte,  to  sounder  views  of  her 
own  condition,  and  to  the  only  course 
which  can  re-settle  the  fabric,  now 
so  fearfully  shaken,  of  her  power." 
There  is  in  this  state  paper,  a 
tone  of  protection  and  of  admoni- 
tion, little  observant  of  that  re- 
spectful deference  usual  in  the  writ- 
ten intercourse  of  independent 
powers.  No  diplomatic  communi- 
cation  of  the  time  is  more  indica- 
tive of  the  fallen  state  of  the  Otto- 
man  power,  than  that  her  govern- 
ment was  reduced  to  the  necessity 
of  receiving  without  manifestation 
of  resentment,  so  harsh  a  demon- 
stration of  friendship  ;  so  rude  a 
specimen  of  courtesy. 


TURKEY  AND  RUSSIA. 


asi 


Sultan  Mahmoud,  however,  whom 
it  has  been  the  fashion  of  many 
English  travellers  of  late  years  to 
extol  as  a  reforming  genius,  quite 
supe  rior  to  Peter  the  First  of  Russia, 
and    endowed    with    much  higher 
energy  of  character,   resorted,  it 
seems,   for  his  own  anticipation  of 
the  issue  of  the  war,  to  a  prophet 
of   smoother    things    than   Count 
Guilleminot.     This  was  no  other, 
than    a  munadjim   bashi,   or   royal 
fortune-teller,  for  whom  he  sent  to 
come  to  him,  to  foretell  what  was  to 
be  the  success  of  the  sainted  sol- 
diers of  Islam,  in  the  new  war  into 
which  he  had  plunged.     The  con- 
jurer brought   into  his    presence 
four   game  cocks,  the  stoutest  of 
which    represented    his    Imperial 
Highness,   and  the   three   others, 
the    monarchs  of   Russia,   Great 
Britain,  and  France.     The  crafty 
Munadjim,  first  placed  the  cock  of 
the  Koran,  in   the   centre   of  the 
Kiosk,  and  then  successively  turn- 
ed upon  him  the  cocks  of  Russia, 
France  and  England.  These  three, 
however,  instead  of  uniting  against 
the  representative  of  his  highness, 
immediately  fell  to  fighting  among 
themselves.       The    champion    of 
Islam,  having  only  the  Russian  fowl 
to   contend  with,  proved  an  over 
match  for  him  :  an  obstinate  battle 
drove  him  from  the  field,  with  flag- 
ging and  broken  wing.     The  pro- 
phet assured  his  highness,  that  this 
issue  was  portentous  of  the  event  of 
the  war ;  that  the  Osmenlic  would 


certainly  vanquish  the  Muscovites, 
and  that  the  Christian  dogs  of 
France  and  England,  would  shout 
an  aivala  of  joy,  at  the  discomfiture 
of  their  fellow  infidels.  The  ener- 
getic Sultan  no  longer  doubted  of 
his  victory  ;  and  at  a  final  meeting 
of  his  ministers  on  the  18th  of  July, 
to  determine  whether  plenipoten- 
tiaries should  be  sent  to  Corfu  to 
meet  and  negotiate  with  those  of 
France  and  England  ;  whether  a 
separate  negotiation  with  Russia 
should  be  attempted,  by  accepting 
the  overture  in  the  letter  of  Count 
Nesselrode,  to  the  Grand  Vizier  ; 
or  whether  the  war  should  be  pur- 
sued to  the  last  extremity ;  after 
long  debates,  he  settled  all  diversi- 
ty of  opinion,  by  crying  out,  "  slip 
the  bridle  from  the  horse,  he  will 
soon  reach  the  post." 

The  first  measures  of  the  Divan, 
after  this  decision,  were  to  close 
the  passage  to  the  Black  sea  ;  and 
to  equip  all  the  vessels  of  war  in 
the  port;  some,  under  the  command 
of  Tahir  Basha,  for  the  defence  of 
the  city — the  rest  to  stop  the  pas- 
sage of  the  Bosphorus,  on  the  side 
of  Bujukdere. 

No  attempt  was  to  be  made,  to 
defend  the  principalities  of  Molda- 
via and  Wallachia  ;  but  all  the  for- 
tresses upon  the  Danube  were  pre- 
pared for  defence  ;  provided  with 
garrisons,  anumerous  artillery,  and 
munitions  of  war  and  provisions. 
Forty  thousand  men  were  to  be 
assembled  at  Shumla  ;  sixty  thou- 


352 


ANNUAL  REGISTER,  1 827-8 -tf. 


sand  at  Adrianople,  to  defend  the 
passes  of  the  Balkan  ;  and  an  army 
of  reserve  was  to  be  formed  before 
the  walls  of  Constantinople.     The 
first  of  these  objects  was  already 
effected  ;  but  the  camp  at  Adriauo- 
ple  was  scarcely  formed,  and  the 
reserve  at  Congtantinoplej  of  every 
arm    did    not   exceed    twenty. five 
thousand  men.      Numerous  rein- 
forcements  were  daily  coming  in 
from  the  neighbouring    provinces, 
and  from  Asia,  and  supplied  the 
places   left  vacant  by  the  troops 
continually  marching  for  the  army. 
It  was  already  given  out  that  the 
Grand    Vizier     Mehemed     Selim 
Pasha,   would    take    the    general 
command  of  the  army,  and  that  the 
Sultan  in  person,  would  unfold  the 
Sanjak  Sheriff,  or  holy  standard  of 
Mahomed,  to  command  all  the  re- 
serves  for  the  defence  of  religion 
and  of  the  empire.     In  the  mean 
time,   the   command   of   the   first 
army  destined  to  defend  Shumla, 
the   bulwark  of  the   empire,  was 
confered  upon  Hussein  Pasha,  the 
conqueror  of  the  Janissaries,  who 
repaired   to   his   post  a  few  days 
after   the    Russian    invasion   was 
known.  He  took  with  him  a  body  of 
men,   of  the   new  levies,   and  a 
number  of  distinguished  officers. 
The  defence  of  Varna  had  been 
committed       to    Yussuf,     former 
Pasha  of  Seres,  one  of  the  prin- 
cipal  feudatories   of  the   Sultan  ; 
who  had  seven  or  eight  thousand 
Albanians  with  him.    The  Capudin 


Pasha  Izzet  Mehemet,  was  after, 
wards  sent  to  supersede  him,  in 
the  chief  command.  The  com- 
mand and  the  direction  of  the 
works  at  the  capital  was  given  to 
the  Seraskier  Chosrew  Pasha,  who 
had  been  the  former  Capudin  Pa- 
sha, and  still  retained  the  favour 
of  the  Su'tan. 

Tartar  messengers  were  des- 
patched to  all  the  Pashas  of  Eu- 
rope and  of  Asia,  with  orders  to 
summon  to  arms  all  the  men  who 
could  be  raised.  The  orders  were 
punctually  obeyed.  The  Beys  of 
Asia  Minor  sent  forward,  or  march- 
ed in  person  at  the  head  of  their 
vassals,  and  a  body  appeared  of 
Kurdish  cavalry,  peculiarly  adapt- 
ed to  encounter  the  Cossacks. 
Omer  Vrione  brought  to  the  camp 
of  Shumla,  eight  or  ten  thousand 
Albanians  ;  the  Pasha  of  Widdin, 
levied  twenty-five  or  thirty  thousand 
men,  who,  with  various  success, 
made  several  incursions  into  Wai- 
lachia. 

But  the  military  levies  in  Servia, 
and  in  Bosnia,  failed  almost  totally. 

The  subjection  of  the  Servians 
to  the  Ottoman  Porte  is  of  a  pe- 
culiar character,  amounting,  in  sub- 
stance, to  little  more  than  the  pay- 
ment of  an  annual  tribute.  They 
are  Christians,  and  the  authority  of 
the  Ottoman  Pashas,  in  the  pro- 
vince  is  confined  to  the  fortresses 
where  they  reside,  with  their  gar- 
risons of  Turkish  soldiers.  The 
Servians  are  in  other  respects,  go- 


TURKEY  AND  RUSSIA, 


358 


verned  by  their  own  magistrates ; 
and  their  relations  with  the  Turk* 
ish  government  are  managed  in 
concert  with  their  deputies  at  Con- 
stantinople. Their  privileges  are 
guarantied  by  the  treaties  between 
Russia  and  the  Porte,  and  the  non- 
observance  of  those  engagements 
by  Turkey  was  one  of  the  prin- 
cipal causes  of  the  war.  The  Ser- 
vians naturally  considered  the  Sul- 
tan as  their  oppressor,  and  Russia 
was  cherished  by  them  as  their 
protector.  Their  Governor,  Prince 
Milosch,  without  directly  setting  at 
defiance  the  orders  from  the  Porte> 
which  were,  that  they  should  either 
deliver  up  their  arms  to  the  Pasha 
of  Belgrade,  or  put  themselves  un- 
der his  command,  contrived  to 
evade  them,  and  to  retain  his  troops 
under  his  authority,  upon  the  plea 
of  a  necessity  to  reserve  them  for 
defence  against  a  possible  Russian 
invasion. 

Bosnia  was  a  Turkish  province, 
inhabited  altogether  by  Mussulmen, 
but  among  whom  the  party  of  the 
Janissaries  predominated,  and  who 
held  in  abhorrence  the  military  re- 
forms of  the  Sultan.  The  corps 
newly  organized  in  the  province, 
were  themselves  infected  with  the 
spirit  of  re  volt;  the  more  dangerous, 
as  it  was  stimulated  by  religious 
fanaticism. 

On  the  19th  of  June,  the  Cover- 
nor,  Abdurahman  Pasha,  had  re- 
ceived  a  firman  from  Constantino- 
ple, commanding  him  to  march 
,  III, 


with  forty  thousand  of  the  dewly 
brganized  troops,  for  Widdin,  pass- 
ing  through  Servia,  and  for  the 
Dwina :  he  gave  notice  that  this 
firman  would  be  read  the  next  day 
in  the  gr^at  mosque,  to  which  the 
commanders  of  the  corps,  and  de- 
putations from  the  troops,  were 
summoned ;  but  the  chiefs  de- 
manded that  the  firman  should  be 
read  by  a  Mollah  at  the  camp  of 
Sarajewo,  so  that  the  will  of  the' 
Sultan  might  be  known  to  all  the 
troops.  The  Governor  was  invited 
to  be  present  at  this  ceremony,  and 
promised  to  attend.  The  camp 
was  about  a  mile  distant  from  Sa» 
rajewo ;  and  the  Governor,  con* 
ceivingsome  distrust  of  these  move- 
ments, remained  there,  and  sent  a 
bimbashi,  or  subordinate  officer, 
with  the  Mollah  to  read  the  firman 
at  the  camp.  The  arrival  of  these 
two  persons  was  announced  by  a 
salute  of  artillery.  They  came  sur- 
rounded by  the  Governor's  guards  t 
and  as  he  was  personally  known  to 
few  of  the  troops,  the  unfortunate 
bimbashi  was  mistaken  for  the  Go- 
vernor himself.  No  sooner  was 
the  firman  read,  than  the  troops 
broke  out  in  an  open  mutiny,  ex- 
ecrating the  Sultan,  and  charging 
the  Governor  with  treason.  The 
bimbashi  and  the  Mollah  were  fired 
upon  and  killed,  and  a  great  bonfire 
was  made  of  the  new  uniforms 
which  had  been  brought  to  the 
camp  for  clothing  for  the  troops. 
The  guards  of  the  Pasha  returned 
45 


354 


ANNUAL  REGISTER,  1827-8-9. 


the  fire  of  the  revolters,  but  were 
soon  overpowered  by  numbers,  and 
forced  to  fly,  leaving  about  sixty  of 
their  number  dead  upon  the  spot. 
The  revolters,  believing  the  Go- 
vernor  to  be  dead,  made  a  move- 
ment upon  the  castles,  to  reduce 
his  household  troops ;  but  he  had 
taken  refuge  in  the  castle  of  Tusla- 
ham,  where  he  defended  himself 
throughout  the  day,  and  where  se- 
veral hundred  men  were  slain.  He 
was  held  besieged  there  several 
days,  and  was  finally  suffered  to  go 
out  with  his  guards,  only  upon  hu- 
miliating conditions — that  he  would 
reside  in  future  at  Traconick,  the 
residence  of  former  Governors,  and 
that  he  would  govern  conformably 
to  the  ancient  usages  and  privileges 
of  the  province.  He  was  further 
required  to  sign  a  paper,  to  be  sent 
to  the  Sultan,  acknowledging  that 
he  had  violated  those  privileges, 
had  caused  cannon  to  be  fired  upon 
the  people  of  Sarajewo,  and  raised 
by  extortion,  sums  of  money  which 
he  promised  to  return.  After  ex- 
tricating himself  from  this  perilous 
adventure,  he  made  new  attempts 
to  subdue  the  Bosniacks,  the  results 
of  which  were,  that  he  was  reduced 
to  shut  himself  up,  with  about  one 
thousand  men  and  12  pieces  of 
cannon,  in  the  fort  of  Tusla,  till  he 
was  superseded  in  his  command, 
by  the  former  Pasha  of  Phi  Hippo. 
poli.  This  officer  finally  succeed, 
ed  in  restoring  order,  and  a  show  of 
submission  tohis  authority,  by  over. 


looking  all  that  had  passed;  but 
very  little  assistance  was  obtained 
by  the  Porte  from  the  Bosniack 
levies,  and  it  was  not  without  great 
difficulty,  that  the  detachments  sent 
before  the  war  to  the  fortresses  of 
the  Danube,  were  kept  faithful  to 
their  standards. 

The  preparations  and  works  of 
defence  were  pursued  with  re- 
doubled  zeal  and  enthusiasm,  on 
the  arrival  at  Constantinople  of 
favourable  accounts,  first  from 
Brailoff,  and  afterwards  from  Shura- 
la  and  Varna.  The  occasional  ad- 
vantages  obtained,  especially  by 
the  Turkish  cavalry,  before  those 
places,  were  published,  with  the  ex- 
ultation of  victory,  and  no  sparing 
of  exaggeration.  As  testimonies 
of  triumph,  a  few  hundreds  of  pri- 
soners were  transported  to  the  capi- 
tal for  exhibition,  alive  ;  but  not  as 
had  been  for  ages  the  custom,  by 
that  of  their  heads  and  ears  nailed 
to  the  gates  of  the  seraglio. 

More  than  sixty  thousand  men 
had  before  midsummer  been  given 
in  to  Chasrew  Pasha  for  arms ; 
thousands  of  the  people  of  Roumelia 
were  at  the  same  time  flocking  to 
Adrianople  ;  and  the  recruits  of 
militia,  from  Asia  Minor,  were  in. 
cessantly  pouring  in ;  convoys  of 
artillery,  and  warlike  stores,  were 
despatched,  day  after  day,  for  the 
army.  The  garrisons  of  the  cas- 
ties,  on  both  sides  of  the  Bosphorus, 
were  doubled.  Corps  of  troops 
were  stationed  along  the  coast,  as 


TURKEY  AND  RUSSIA. 


355 


tar  as  Varna,  and  a  line  of  signals 
was  established  from  several  dis- 
tant points  to  the  capital. 

Some  riotous  excesses  occurred 
when  the  news  was  received  of 
the  surrender  of  Brailoff,  and  upon 
the  blowing  up  of  a  powder  maga- 
zine, which  the  popular  suspicions 
imputed  at  once  to  the  Janissaries 
and  to  the  Greeks.  Great  numbers 
of  that  hapless  nation  were  be- 
headed, or  transported  to  Asia,  not- 
withstanding the  assurances  given 
by  the  patriarch  of  their  fidelity, 
and  the  prayers  in  all  the  churches 
for  the  success  of  the  Ottoman 
arms.  There  was  also  much  ex- 
citement among  the  people,  at  the 
rumours  of  the  intended  evacua- 
tion of  the  Morea,  and  of  the  re- 
fusal of  the  French  and  English 
ambassadors  to  return  to  Constan- 
tinople. 

On  the  9th  of  August,  the  Grand 
Vizier  repaired  in  great  state,  and 
after  pompous  religious  solemnity, 
to  the  camp  of  Daoud  Pasha,  from 
which,  four  days  afterwards,  he 
departed  to  take  the  command  in 
chief  of  the  army.  The  delay  was 
attributed  to  the  discovery  of  a  plot 
concerted  between  some  survivors 
of  the  old  Janissaries,  and  some 
deserters  from  the  camp,  who  com- 
mitted great  excesses  in  the  city. 
By  the  execution  of  a  number  of 
them,  tranquillity  was  restored. 

The  Grand  Vizier,  on  reaching 
Adrianople,  took  with  him  a  large 
body  of  troops,  with  which  he  ar- 


rived about  the  last  of  September, 
at  the  head  of  thirty  thousand  men, 
before  Varna,  just  in  time  to  wit- 
ness the  surrender  of  the  place. 

The  last  exhibition  for  theatrical 
effect,  was  the  reproduction  of  the 
Sanjak  Sheriff  or  holy  standard, 
which  had  wrought  such  wonders 
at  the  revolt  and  butchery  of  the 
Janissaries  in  1823  ;  and  with 
which  the  Sultan  in  person  issued 
from  his  harem  on  the  15th  of  Sep- 
tember, and  proceeded  to  the  re- 
serve  camp  at  Ramish-Tchifflik, 
about  two  miles  to  the  northward 
of  the  city.  If  the  Sanjak  Sheriff, 
or  the  magnificence  of  a  barbaric 
procession,  could  have  barred 
against  the  soldiers  of  the  cross 
the  passage  of  the  Balkan,  as  easi- 
ly as  it  pointed  the  grape  shot  of 
the  Topgee  Bashi  at  the  Janissa- 
ries in  the  Atmeidan,  the  wafr 
would  have  terminated  in  the  tri- 
umph of  the  Koran.  On  this  pro- 
cession no  eye  of  unbelief  in  the 
impostor  prophet,  was  permitted  to 
fall.  It  opened  with  three  thou- 
sand men  of  Asiatic  cavalry,  fol- 
lowed by  a  drove  of  camels  and  of 
draught  horses,  laden  with  the 
treasures,  the  apparel  and  personal 
baggage  of  the  Sultan  ;  after  this 
vanguard,  marching  to  the  sound 
of  triangles,  timbrels  and  other  in- 
struments of  oriental  music,  sue- 
ceeded  a  long  train  of  civil  and 
military  officers,  and  Ulemas ;  other 
detachments  of  troops  ;  the  Se- 
raskier  Khosrew  Pasha ;  the  Kai- 


ANNUAL  REGISTER,  1827-8-9. 


macan,  in  the  place  of  the  Grand 
Vizier,  surrounded  by  the  ministers 
wearing  white  shawls  upon  the 
head,  and  the  scarlet  pelisse  on 
the  body ;  then,  in  the  midst  of  a 
group  of  Ulemas  of  the  highest 
rank,  of  Emirs  and  of  Kadileskers, 
the  Sheik  of  Islam,  the  high  priest 
pf  Islamism ;  and  alter  him,  the 
gilded  car  bearing  the  Sanjak  She- 
riff, or  holy  standard,  still  sheathed 
under  a  cover  of  green  silk,  car- 
ried by  the  first  keeper,  chief  of  all 
the  Emirs,  and  surrounded  by 
twelve  singers  chanting,  along  the 
way  as  they  went,  the  hymns  of 
glory  to  the  prophet. 

Then  came  the  commander  of 
the  faithful,  the  Sultan,  simply  clad 
in  the  red  pelisse,  with  the  white 
shawl  upon  his  head,  without  other 
ornament  than  his  arms ;  without 
guards  ;  without  escort ;  followed, 
at  respectful  distance,  by  the  chief 
officers  of  his  household. 

A  regular  corps  of  infantry  of 
one  thousand  men ;  twelve  or  fif- 
teen  hundred  horsemen  ;  the  Bos- 
tandgis ;  a  number  of  carriages 
drawn  each  by  six  horses ;  and 
finally,  a  considerable  train  of  ar- 
tillery, closed  the  march.  At  six 
in  the  morning,  the  Sultan  had  left 
the  seraglio,  and  arriyed  at  noon 
at.  the  camp  of  Ramish-Tchifflik, 
in  front  of  which,  several  battalions 
ef  infantry  and  squadrons  of  cavaK 
ry,  were  drawn  up  to  receive  him. 
The  ceremony  was  concluded  by 
a  fire  of  six  rounds  of  artillery. 


The  Sanjah  Sheriff'  was  deposited 
in  the  apartment  of  the  Sultan ;  and 
the  camp  was  occupied  by  the 
the  troops,  whose  tents  extended 
along  the  heights  to  the  village  of 
Top-Tchiler. 

Here  the  Sultan  remained,  su. 
perintending  in  person,  with  inde- 
fatigable assiduity,  the  preparations 
for  defence  ;  until,  as  the  severity 
of  the  winter  rendered  his  longer 
residence  at  the  camp  inconve- 
nient, he  removed  his  quarters  to 
Eyoub. 

He  had  been  only  a  few  days  at 
the  camp,  and  had  formed  the  pro- 
ject of  proceeding,  to  take,  himself, 
the  command  of  the  army,  destined 
to  the  relief  of  Varna,  from  which 
he  was  with  difficulty  dissuaded  by 
the  Divan,  when  the  news  was  re- 
ceived  of  the  landing  of  a  division 
of  the  French  army  in  the  Morea, 
and  of  the  arrangements  for  the 
evacuation  of  Greece,  by  the  Egyp- 
tian troops.  The  negotiations  to 
prevail  upon  the  Porte  to  send  com- 
missioners to  Corfu  or  to  Corou,  to 
treat  with  the  French,  British,  and 
Russian  ambassadors,  concerning 
the  pacification  of  Greece,  had 
been  continued  by  the  Austrian  in- 
ternuncio,  and  by  Mr.  Zuylen,  the 
minister  of  the  Netherlands  ;  but 
the  Sultan  was  indignant  at  the 
landing  of  the  French  troops  ; — 
threatened  to  declare  war  against 
France,  and  to  send  thirty  thousand 
Albanians  and  Turks  into  the  Mo. 
rea.  The  mediating  ministers, 


TURKEY  AND  RUSSIA. 


35? 


however,  explained  to  the  Reis  Ef- 
fendi  the  danger  to  the  Porte,  which 
so  hasty  a  step  would  induce,  and 
assured  him,  that  the  occupation  of 
the  Morea  by  the  French  troops 
was  a  measure  altogether  pacific, 
tending  to  effect  a  desirable  recon- 
ciliation, to  arrest  the  shedding  of 
blood,  and  to  relieve  the  Porte  from 
the  necessity  of  making  further 
fruitless  efforts  and  sacrifices  in 
that  quarter.  The  result  of  these 
conferences  was  a  new  invitation 
to  the  French  and  British  ambassa- 
dors to  return  to  Constantinople, 
without  any  approach,  however,  to 
an  acknowledgment  of  the  right  of 
intervention  of  their  Sovereigns  in 
the  concerns  of  Greece,  and  with- 
out consenting  to  the  admission  of 
any  deputation  of  the  Greeks. 

The  tidings  of  the  surrender  of 
Varna,  received  on  the  13th  of  Oc- 
tober, gave  a  shock  alike  sudden 
and  unexpected.  The  first  impulse 
of  popular  indignation,  was  against 
Yussuf  Pasha,  who  was  believed 
to  have  sold  the  place  to  the  Rus- 
sians. This  suspicion  even  sooth- 
ed the  mortification  of  defeat,  and 
mitigated  the  severity  of  the  loss. 
The  Reis  Effendi  told  the  foreign 
ministers,  that  the  fall  of  Varna 
was  not  so  important  in  itself  as 
might  be  supposed  ;  but  that  every 
Mussulman  felt  with  deep  affliction 
the  treachery  of  one  of  their  own 
number,  to  his  God  and  his  country. 

Yussuf  Pasha  was  accordingly 
sentenced  to  religious  execration 


by  the  Mufti,  and  his  landed  estates 
in  Macedonia  were  sequestered. 
Afterwards,  however,  the  capitula- 
tion by  which  he  had  surrendered 
was  recognised  by  the  Porte  as 
valid,  and  his  harem  and  effects 
were  sent  to  him  conformably  to 
one  of  its  stipulations.  The  Grand 
Vizier  himself  fell  into  disgrace 
in  consequence  of  the  fall  of  Var- 
na. He  was  charged  with  having 
rather  disconcerted,  than  aided  the 
operations  of  Omer  Vrione  ;  with 
refusing  money  for  the  payment  of 
his  Albanian  troops ;  with  an  at- 
tempt even  to  deprive  him  of  his 
command ;  finally,  with  want  of 
activity,  courage,  prudence,  and 
even  disinterestedness.  Certain  it 
was,  that  with  a  force  superior  to 
that  of  the  besiegers,  he  had  re- 
mained behind  his  intrenchments, 
without  attempting  to  relieve  the 
place.  He  was  deposed,  and  Izzet 
Mehemed  Pasha,  the  Capudin  Pa- 
sha, who  had  resisted  to  the  last 
the  surrender  of  Varna,  was  ap- 
pointed in  his  place.  The  office  of 
Capudin  Pasha  was  confered  upon 
Papushi  Ahmed  Pasha,  comman- 
dant of  Galata  and  Pera.  Contrary 
to  the  general  expectation,  the  or- 
der for  the  deposition  of  the  Grand 
Vizier  was  not  accompanied  by 
the  application  of  the  bow-string — 
he  was  only  banished  to  Gallipoli. 
The  first  effect  of  the  fall  of 
Varna  had  been  to  produce  con- 
sternation and  discouragement ;  the 
next  was  a  new  paroxysm  of  over- 


358 


ANNUAL  REGISTER,  1827-9-9. 


strained  and  enthusiastic  exertion. 
A  last  appeal  was  made  to  the  re- 
ligious  patriotism  of  the  people  :  a 
new  summons  to  all,  who  were  able 
to  bear  arms.  Fifteen  or  twenty 
thousand  men  of  the  new  levies, 
with  munitions  and  artillery,  were 
despatched  to  the  passes  of  the  Bal- 
kan. Several  powerful  Beys, 
among  whom  was  Tchapan  Oglou, 
with  several  thousand  horsemen, 
came  in  from  Anatolia,  and  were 
sent  in  the  direction  of  Nicopoli. 
When  the  Russians  abandoned 
their  positions  before  Shumla,  and 
afterwards  raised  the  siege  of  Si- 
listria,  the  triumph  of  the  elements 
was  eagerly  associated  with  the 
combined  operations  of  the  new 
Grand  Vizier,  and  of  Hussein  Pa- 
sha. Of  the  tales  now  got  up  at 
Constantinople,  and  of  the  avidity 
with  which  they  were  swallowed 
by  the  allies  of  Russia,  the  follow- 
ing extract  from  the  English  Quar- 
terly Review  of  January,  1829,  in 
an  article  upon  Russia,  may  serve 
as  an  example. 

"  We  are  just  in  time  to  state 
the   disastrous  jinale,   WHICH  WE 

HAVE  KECEIVED  FROM  AN  AUTHEN- 
TIC SOURCE,  of  the  rash  and  pre- 
cipitious  invasion  of  the  Turkish 
territory  by  Russia, — that  alarming 
invasion,  which,  in  the  opinion  of 
Lieut.  Colonel  Evans,"  (a  military 
Uncle  Toby,  whose  book  upon  the 
designs  of  Russia,  the  reviewers 
had  been  gravely  refuting,)  "  de- 
manded an  immediate  armed  in. 


tervention  of  all  the  powers  of 
Europe,  to  stay  the  overwhelming 
career  of  the  Autocrat,  who  aimed 
at  little  less  than  universal  domi- 
nion. The  Turks,  however,  have 
done  it  effectually  of  themselves, 
single-handed,  without  the  assist- 
ance of  any  one  power,  European 
or  Asiatic  ;  and  the  sublime  Sultan 
may  now  boast  with  the  Roman 
warrior, 

'  Like  an  eagle  in  a  dove  cote,  I 
*  Fluttered  your  Russians  in  Bulgaria  ; 
« Alone  I  did  it.' 

"  Fluttered,  indeed,  with  a  ven- 
geance !  the  rout  was  complete  ; 
resembling,  on  a  smaller  scale,  that 
of  the  French  from  Moscow.  We 
are  told  that  not  a  living  creature 
escaped  out  of  this  horrible  Bul- 
garia, save  man — and  he,  bare 
and  destitute  of  every  thing  that 
constitutes  a  soldier ;  without  aims, 
without  accoutrements,  without  bag. 
gage,  and,  as  the  French  would 
say,  completely  demoralized  ;  all 
the  draught  horses,  and  cattle  of 
every  kind ;  all  those  of  the  ca- 
valry and  artillery,  dead — all  the 
guns,  carriages,  wagons,  ammu- 
nition, and  provisions,  left  behind, 
as  spoil  for  the  Turks.  The  ex- 
tent  of  these  disasters  is  endeavour- 
ed to  be  concealed  at  Petersburg, 
where  the  war,  from  the  first,  was 
unpopular;  but  now  men  shake 
their  heads,  by  which,  like  the 
shake  of  Burleigh's,  in  the  play, 
they  mean  a  great  deal,  though 


TURKEY  AND  RUSSIA. 


359 


they  say  nothing ;  and  they  are 
afraid  to  write,  as  all  letters  are  in- 
spected at  the  post-office.  It  is  to 
be  hoped  that  this  disastrous  cam- 
paign  will  have  taught  the  young 
Emperor  a  lesson  of  moderation, 
which  will  counsel  him  to  seek  for 
peace  rather  than  conquest." 

The  Quarterly  Review  is  a  pe- 
nodical  journal  under  the  special 
patronage  of  the  British  Govern- 
merit,  and  may  be  considered,  on 
all  political  subjects,  as  its  inofficial 
mouth-piece.  The  authentic  source, 
from  which  it  had  received  the 
above  disastrous  FINALE,  was  no 
doubt  official,  and  the  whole  ex- 
tract is  a  fair  sample  of  the  temper, 
of  the  sagacity,  and  of  the  judgment, 
with  which  all  its  articles  relating 
to  Russia,  and  we  may  add,  rela- 
ting to  the  United  States  of  America, 
are  composed.  It  is  regularly  re- 
published,  number  by  ^number,  in 
this  country,  and  is  one  of  the 
sources,  from  which  a  large  portion 
of  the  reading  public  of  this  Union 
derive  their  opinions,  upon  the  po- 
litical affairs  of  Europe. 

We  have  seen  in  the  preceding 
chapters,  how  little  foundation 
there  was  in  fact,  for  putting  that 
unholy  braggart  "  the  Sublime  Sul- 
tan" in  mind  of  his  blind  fortune, 
on  this  occasion.  He  was  doubt- 
less,  ready  enough  to  boast  of  what 
he  alone  had  done.  But  his  allies 
ought  to  have  known,  that  of  the 
real  disasters  which  had  befallen  the 


Russian  arms,  little,  very  little  was 
imputable   to   him,  to   his   Grand 
Vizier,   or  even  to  the   Hussein 
Pasha.     If  their  judgment  had  not 
been   blinded   by   their    passions, 
they  might  have  seen,  that  in  the 
facts  themselves,   in  the    loss  of 
horses,  and  artillery,  and  baggage, 
and  even  arms,  without  the  loss  of 
men,  there  was  internal  evidence 
of    misfortunes,   inflicted  by   the 
hand  of  Providence,  and  not  by  the 
arm  of  man — by  impassable  roads, 
and  inclement  skies — by  rain,  hail, 
snow,    and   frost — by   exhausting 
marches,  and   unappeasable  hun- 
ger, and  not  by  the  scymeter  of 
the    Sublime    Sultan,   or    by  the 
yatigan  of  his  Osmanlis. 

At  Constantinople,  indeed,  while 
they  laid  to  their  souls  the  flatter- 
ing unction  of  such  authentic  re- 
ports as  these,  they  blustered  about 
retaking  Varna,  and  all  the  con- 
quered places,  and  even  about  re- 
covering the  two  principalities  be- 
fore the  close  of  the  campaign  ; 
but  after  a  few  insignificant  attacks, 
and  a  few  abortive  attempts  upon 
the  Russian  positions,  they  were 
compelled  by  the  same  rigours  of 
the  season,  by  the  same  obstruc- 
tions in  the  roads,  and  by  the  same 
want  of  provisions  and  forage,  to 
fall  back  and  shut  themselves  up 
in  their  own.  The  Sultan  himself 
about  the  same  time  left  his  camp 
at  Ramisch  Tchifflik,  and  took  up 
hi»  winter  quarters  at  Eyoub. 


360 


ANNUAL  REGISTER,  1827-8-9. 


The  blockade  of  the  Dardanelles 
by  the    Russian   squadron   under 
Admiral  Ricord,  about  the  begin- 
ning    of   November,   gave    great 
alarm    at    Constantinople.      The 
Turkish  fleet  was  not  in  a  condition 
to  disturb  the  operations  of  the  Rus- 
sian Admiral,  and  the  hopes  of  the 
Porte  for  the  removal  of  the  block- 
ade were  reduced  to  depend  upon 
the  dangers  of  the  seas  in  that  sea. 
son,  and  to  the  remonstrances  of 
the  neutral  powers  in  behalf  of  their 
commerce.     But  the  garrisons  of 
the   castles    on   both    the   shores 
were   reinforced.     The   Pasha  of 
Egypt  was  ordered  to  send  supplies 
of  grain  through  Asia  Minor,  to  the 
landing  places  within  the  streights 
out  of  the  reach  of  the  blockading 
squadron.      Many   Egyptian    and 
neutral  vessels  preceded  or  eluded 
the  vigilance  of  the  squadron,  and 
of   the    Grecian   privateers,    and 
passed  the  Dardanelles,  so  that  the 
subsistence  of  the  capital  for  four 
or  five  months,  was  secured.  About 
twenty-five   thousand   Greeks,   or 
Armenians,  were  expelled  from  the 
city ;  and  the  usual  discipline  of 
times  of  scarcity  >   was   exercised 
among    the    bakers,    numbers  of 
whom   atoned    for    deficiency   of 
weight,  or  exceptionable  quality  of 
their  bread,  by  exposure,  nailed  by 
the  ears  at  their  own  doors,  to  the 
insults  of  the  populace.     This  was 
the  approved  Ottoman  method  of 
preserving  order  in  the   capital. 
About  the  end  of  November,  some 


hundreds  of  Mahometan  families 
from  Varna,  arrived  in  four  Austri- 
an and  Sardinian  vessels,  fugitives 
in  ruin,  from  the  ruin  of  the  siege. 
The  government  received  them, 
gave  them  shelter  at  Galata,  and  in 
neighbouring  hovels,  and  supplied 
them  for  some  time,  with  the  means 
of  subsistence. 

As  the  activity  of  warlike  enter- 
prise slackened  with  the  progress 
of  winter,  the  movements  of  diplo- 
matic negotiations  were  accelera- 
ted. The  cabinets  of  the  neutral 
powers,  uneasy  for  the  general  re- 
pose of  Europe,  foreseeing  and 
dreading  the  catastrophe  which  was 
impending  over  the  Ottoman  em- 
pire ;  renewed  their  earnest  re- 
presentations  and  their  unheeded 
counsels  to  the  Divan.  The  minis- 
ter of  the  Netherlands,  Van  Zuy- 
len,  was  the  intermediary  through 
whom  the  French  and  English  go- 
vernments still  communicated  with 
the  Reis  Effendi.  A  French  mes- 
senger, in  the  month  of  November, 
was  supposed  to  have  brought  to 
Mr.  Van  Zuylen,  instructions  rela- 
ting  not  only  to  the  affairs  of  Greece, 
but  to  the  blockade  of  the  Darda> 
nelles.  A  joint  declaration  of 
Great  Britain  and  France,  against 
this  measure,  was  expected,  but  not 
realized.  Shortly  afterwards,  how- 
ever, another  French  messenger 
brought  a  joint  declaration  of  Great 
Britain,  France,  and  Russia,  sign- 
ed at  London  the  16th  of  Novem- 
ber, 1828,  giving  notice  to  the  Porte 


TURKEY  AND  RUSSIA. 


361 


that  the  object  of  the  French  expe- 
dition  to  the  Morea  had  been  to  ef- 
fect the  departure  of  Ibrahim  Pa- 
sha,  and  the  evacuation  of  the  for- 
tresses by  the  Turkish  and  Egyp- 
tian troops,  and  to  stay  the  shed- 
ding of  human  blood.  That  object, 
it  was  said,  had  been  attained.  But 
the  work  of  the  allied  powers  would 
remain  imperfect,  if  after  the  de- 
parture of  the  troops,  the  inhabit- 
ants of  the  Morea  should  be  expo- 
sed to  new  invasions.  The  allies 
were  bound  in  honour  to  protect 
them  from  this  danger ;  and  with 
that  view,  as  the  allied  forces  were 
about  to  be  withdrawn  from  the 
Morea,  after  having  accomplished 
the  pacific  purpose  of  their  mission, 
the  three  courts  declared  to  the 
Sublime  Porte  that  until  a  final  ar- 
rangement,  settled  in  consent  with 
them,  should  fix  the  condition  of 
the  territories,  which  had  been  oc- 
cupied by  the  allied  forces,  they 
placed  the  Morea  and  the  Cyclades 
islands  under  their  provisional  gua. 
ranty ;  and  that  they  would  regard 


as  an  aggression  against  them- 
selves,  any  attempt  to  introduce 
any  military  force  whatever  into 
that  country. 

The  declaration,  after  compli- 
menting the  Porte  upon  the  spirit 
of  wisdom,  with  which  she  had 
avoided  a  useless  prolongation  of 
the  miseries  of  war  in  the  Morea, 
concluded  by  expressing  the  hope, 
that,  influenced  by  the  same  spirit, 
she  would  be  desirous  of  putting 
an  end  to  questions  which  had  kept 
all  Europe  for  eight  years  in  a 
state  of  inquietude  and  agitation, 
and  would  enter  into  a  friendly  and 
benevolent  negotiation  with  the 
three  courts,  for  the  final  paci- 
fication  and  future  condition  of 
Greece. 

To  the  affairs  of  Greece  herself, 
after  the  battle  of  Navarino,  we 
shall  return,  when,  in  the  next 
chapter,  we  shall  have  conducted 
the  narrative  of  the  war  between 
Russia  and  Turkey  to  its  termina- 
tion by  the  treaty  of  Adrianople, 


Vol.  III. 


46 


- 


CHAPTER  XIV. 

RUSSIA   AND   TURKEY — CAMPAIGN   OP  1829. 

Preparations  by  Russia  for  the  Campaign  of  1829 — Resignation  of  Mar- 
shal Wittgenstein — Appointment  of  General  Diebitch  to  command  the 
armies  in  European  Turkey — Military  operations  in  winter — Kale  and 
Tourno  taken  by  the  Russians — Sizepoli  taken  by  a  Russian  squadron 
• — Turkish  camp  on  the  Kamtchik  burnt. Campaign  in  Asiatic  Tur- 
key :  Attack  upon  Akhaltysh:  by  Achmet  Bey,  defeated — Attack  of 
Kaya  Oglou  repelled  by  Gen.  Hesse — Entrenched  camp  of  the  Turks 
at  Potkhqff"  taken — Battles  of  Kanily  and  Milli-Duae,  won  by  General 
Paskevitch — he  takes  Erzeroum  and  Hassan  Kate — Kniss  and  Brebourt 
taken — Attempt  of  the  Pasha  of  Van  to  recover  Bajazet — repelled  by 
General  Popoj/f- — General  Bourtsoff  mortally  wounded  at  KJiart. — Osman 

Pasha  and  the  Sasians  defeated  at  Khart Campaign  in  European 

Turkey  :  Siege  of  Silistria  resumed — Battle  of  Eski — Encounter  be- 
tween Redschid  Pasha,  Grand  Vizier,  and  General  Roth — Affair  at 
Eximil — Battle  of  Koulevtcha  or  Pravody,  won  by  General  Diebitch 
over  the  Grand  Vizier — Rakhova  taken  by  General  Geismar — Surrender 
of  Silistria  to  the  Russians — Passage  of  the  Balkan  by  General  Diebitch 
— Passage  of  the  Kamtchik  river — Mazembri  taken  by  General  Roth,  witJt 
co-operation  of  the  fleet  of  Admiral  Greig — Akhiola  taken — Aidos  occu- 
pied by  General  Rudiger — Bourgas  taken — Karnabat — Karabournar — 
Yambol  evacuated  by  Halil  Pasha — Slivno  taken  by  General  Diebitch — 
Surrender  of  Adrianople — Operations  of  Admiral  Greig's  fleet — Turk- 
ish vessels  destroyed  at  Penderaclia  and  Chili — Turkish  fleet  on  the 
Euxine — Russian  frigate  taken — Heroic  defence  of  the  brig  Mercury 
— Admiral  Greig  puts  to  sea — Turkish  fleet  returns  to  the  Bosphorus — 
Vassiliko  taken — Agatopoli — Iniada — Midia — Proclamation  of  General 
Diebitch — he  receives  the  name  of  Zabalkansky — Peace  of  Adrianople 
— Treaty — Separate  acts — Conclusion. 

WE  have  seen,  in  the  foregoing  of  Brailoff;  in  their  operations  be- 

chapters,  that  as  early  as  the  month  fore  Shumla  and  at  the  siege  of 

of  August,    1828,    the    Emperor  Varna,  had  become  sensible  that 

Nicholas,  by  personal  observation  even   a  successful  issue    to  that 

of  the  obstacles  which  his  armies  campaign  would  not  enable  him, 

had  encountered  in  the  reduction  witn  a  due  regard  to  the  vicissi- 


364 


ANNUAL  REGISTER,  1827-8-9. 


tudes  of  war,  to  attempt  during 
that  season  the  formidable  passage 
of  the  Balkan.  That  a  second 
campaign,  probably  not  less  ardu- 
ous than  the  first,  would  be  indis- 
pensable, to  bring  his  adversary  to 
a  sense  of  his  own  danger,  and  to 
such  reasonable  terms  of  peace  as 
would  justify  the  sheathing  of  the 
sword.  That,  under  this  persua- 
sion, he  had  repaired  from  the 
works  before  Shumla,  first  to  Varna, 
and  then  to  Odessa,  where  he  had 
determined  on  measures,  adapted 
to  the  prospects  of  the  war  :  a 
loan  of  money  in  Holland  ;  the 
blockade  of  the  Dardanelles  ;  and 
a  second  levy  of  four  men  in  five 
hundred,  which  before  the  close  of 
the  winter  would  effect  a  reinforce- 
ment to  his  armies,  of  two  hundred 
thousand  men.  That  from  Odessa 
he  returned  to  Varna,  to  command 
in  person  at  the  most  critical  pe- 
riod of  the  siege ;  and  to  receive 
the  surrender  of  the  place.  After 
which,  abandoning  all  design  of 
further  progress  towards  Constan- 
tinople, till  his  forces  should  be  re- 
cruited for  a  more  decisive  effort, 
and  at  a  more  propitious  season, 
he  had  returned  to  St.  Petersburg, 
there  to  organize  the  force,  and 
invigorate  the  preparations  which 
were  to  convert  the  sympathizing 
condolence  of  his  allies  intogratu- 
lations,  equally  earnest,  and  no 
doubt  equally  sincere. 

We  have  stated  that  on  the  21st 
of  February,  1829,  the  Emperor 


accepted  the  resignation  of  Field 
Marshal  Count  Wittgenstein,  as 
commander-m-chief  of  the  main 
army,  and  appointed  the  Aid 
de-camp  General  Count  Diebitch 
as  his  successor  in  that  command. 
Previous  to  that  event,  and  in  the 
midst  of  winter,  the  Russian  forces 
on  the  Turkish  frontier  had  not 
been  reduced  altogether  to  a  state 
of  inaction.  On  the  15th  of  January, 
the  Aid-de-camp  Gen.  Count  Such- 
telen,  at  the  head  of  a  strong  detach- 
ment, took  a  position  at  Tcherno- 
vody,which  he  fortified,  and  whence 
he  pushed  his  scouting  parties  as 
far  as  the  lake  of  Beylyk,  and  be- 
yond it  in  all  directions,  inter- 
cepting occasionally  the  foraging 
parties  from  Silistria. 

On  the  23rd  of  January,  Lieu- 
tenant General  Rudiger  sent  out 
two  detachments,  to  dislodge  the 
Turks  from  the  villages  near  the 
Russian  advanced  posts  at  Bazard- 
jyk  and  Pravody.  One  of  them 
fell  in  with  a  corps  of  1500  Turk- 
ish cavalry,  with  whom  he  engaged 
in  an  action  of  three  hours ;  after 
which  each  party,  with  considera- 
ble loss,  returned  to  their  respec- 
tive posts.  The  other  after  occu- 
pying almost  without  resistance 
the  village  of  Konioustchouk,  ma- 
king a  few  prisoners,  and  carrying 
off*  an  hundred  head  of  cattle,  re- 
turned to  the  camp  unmolested  by 
a  strong  detachment  of  the  enemy 
posted  at  Ekistche. 

On  the  24th  of  January,  a  re- 


RUSSIA  AND  TURKEY. 


305 


connoisance  was  made  from  Pra- 
vody  by  Major  General  Kouprio- 
noff,  with  two  regiments  of  chas- 
seurs, 75  Cossacks,  and  two  pieces 
of  cannon.  After  passing  through 
Kerovno  and  Rovno,  he  arrived  at 
Nino,  where  he  made  a  few  prison- 
ers, and  took  180  head  of  cattle. 
The  depth  of  the  roads,  and  the 
severity  of  the  weather,  induced 
him  to  return  the  next  day,  without 
loss,  to  Pravody. 

A  more  important  achievement 
was  the  taking  by  assault  on  the 
25th  of  January,  of  the  fortress  of 
Kale,  on  the  left  bank  of  the  Da- 
nube, followed  on  the  llth  of  Feb- 
ruary by  the  surrender  of  that  of 
Tourno.  The  possession  of  these 
places  was  essential  for  securing 
the  safety  of  the  Russian  force  in 
that  part  of  Wallachia,  and  the 
execution  of  the  attack  was  en- 
trusted by  Count  Langeron  to  Ma- 
jor General  Malinousky.  Favour- 
ed by  the  depth  of  the  snow,  by 
the  badness  of  the  weather,  and  by 
the  masses  of  floating  ice  in  the 
Danube,  Generals  Malinousky  and 
Gennau  early  in  the  morning  ap- 
proached, undiscovered,  the  walls 
of  the  place  with  seven  battalions 
of  infantry,  two  regiments  of  chas- 
seurs, 100  Cossacks,  and  twenty 
pieces  of  cannon.  They  took  the 
place  by  storm,  the  Turks  obsti- 
nately defending  themselves  in  the 
houses ;  and  lost  300  men  by  the 
bayonet.  The  Pasha  Ibrahim,  the 
Toptchi  Pasha,  with  many  officers, 


and  360  soldiers,  fled  for  refuge  to 
the  mosques,  and  there  surrender- 
ed themselves  prisoners  of  war. 
Six  standards,  thirty-four  pieces  of 
cannon,  and  warlike  stores  in  great 
quantity,  fell  into  the  hands  of  the 
victors.  Tchapan  Oglou  had  sent 
some  vessels  from  Nikopoli  to 
the  relief  of  Kale,  but  without  sue- 
cess. 

The  fortress  of  Tourno  was  im- 
mediately afterwards  invested  ;  the 
village  around  it  having  been  re-  • 
duced  to  ashes.  It  was  held  by 
General  Geismar,  besieged,  and  its 
communications  with  the  right  bank 
of  the  Danube  were  cut  off,  when 
General  Count  Langeron  arrived 
before  the  place.  It  surrendered 
on  the  llth  of  February.  In  the 
two  places  thirteen  standards,  and 
eighty-seven  pieces  of  cannon, 
were  taken.  These  operations 
were  performed  with  the  thermo- 
meter of  Reaumur  at  14  degrees, 
equivalent  to  that  of  Fahrenheit  at 
zero. 

On  the  18th  of  February,  a  de- 
tachment of  volunteers  from  these 
two  fortresses,  attacked  and  de- 
stroyed a  flotilla  of  thirty  Turkish 
vessels,  frozen  up  at  the  mouth  of 
the  river  Osma,  near  Nikopoli. 

On  the  7th  of  February,  a  re- 
connoisance  was  made  by  General 
KouprianofF,  from  Pravody,  on  the 
village  of  Aslabely,  and  on  the  12th, 
upon  that  of  Markovtcha.  On  the 
12th  and  19th  of  February,  sorties 
were  made  by  the  Turkish  garri- 


360 


ANNUAL  REGISTER,  1827-8-9. 


sons  at  Giurgewo,  opposite  to 
Roustchouk  ;  but  they  were  driven 
back  without  effecting  any  injury. 

On  the  25th  of  February,  a  squa- 
dron of  three  ships  of  the  line,  two 
frigates,  and  some  smaller  vessels, 
detached  from  the  fleet  at  Varna, 
commanded  by  Rear  Admiral  Kou- 
mani,  and  having  on  board  one  re- 
giment of  infantry,  two  companies 
of  other  regiments,  and  ninety  Cos- 
sacks, took  possession  of  the  port 
and  the  fortress  of  Sizepoli,  beyond 
the  gulf  of  Bourgas,  towards  Con- 
stantinople, east  of  the  Balkan. — 
Little  resistance  was  made  by  the 
Turkish  commandant  of  the  fort, 
Benderli-Halil-Pasha ;  and  the  gar- 
rison, consisting  of  about  16,000 
Albanians,  retreated  from  the  bom- 
bardment, to  intrenchments  on  the 
heights  that  overlooked  the  town, 
and  thence  made  their  retreat,  and 
joined  the  main  body  of  Hussein 
Pasha.  On  the  2d  of  March,  the 
Kamtchik  overflowing  its  banks, 
compelled  the  Turks  posted  there 
to  abandon  their  camp,  which  the 
next  day  was  burnt  by  a  detach- 
ment from  the  Russians  on  the 
other  side  of  the  river. 

But  it  was  in  Asiatic  Turkey 
that  the  serious  operations  of  the 
campaign  commenced.  On  the 
night  of  the  third  of  March,  a  corps 
of  Turkish  infantry  of  more  than 
twenty  thousand  men,  under  the 
command  of  Akhmet,  Bey  of  Adjar, 
advanced  from  the  Khanat  of  Ad- 
jar,  adjoining  that  of  Akhaltysh, 


took  possession  at  daybreak  ot'  the 
suburbs  of  that  place,  and  proceed- 
ing by  assault,  reached  the  first 
wall  of  the  town.  Here,  however, 
the  resistance  which  they  met  from 
the  garrison  compelled  them  to 
retreat,  and  take  a  position,  whence 
they  repeated  their  attacks  for  two 
or  three  successive  days.  Gene- 
ral Paskevitch,  immediately  on  re- 
ceiving information  of  this  event, 
sent  a  reinforcement  of  two  regi- 
ments of  infantry,  a  regiment  of 
Cossacks,  and  ten  pieces  of  can- 
non.  Their  march  was  checked 
by  the  enemy  upon  the  Koura,  a 
river  winding  in  a  ravine,  which 
they  had  twice  to  cross  before 
reaching  the  fortress.  Their  passa- 
ges were  obstinately  disputed  two 
days  by  the  Turks,  but  was  effect, 
ed  on  the  13th  of  March,  by  which 
the  opposing  Turkish  corps,  finding 
their  communication  with  the  for- 
tress cut  off,  dispersed  among  the 
mountains  and  disappeared. 

The  Turkish  besieging  corps,  in- 
formed of  the  reinforcement  on  its 
way,  without  waiting  for  its  arrival, 
raised  the  siege  on  the  16th  of 
March,  and  made  a  hasty  and  dis- 
orderly  retreat.  Major  General 
Prince  Beboutoff,  commandant  of 
the  fortress,  made  a  sortie,  with  five 
companies  of  infantry,  pursued 
them  several  miles,  and  annoyed 
them  in  their  retreat.  The  detach, 
ment  of  Colonel  Bourtsoff  entered 
the  same  day  into  Akhaltysh. 

About  the  same  time,  Kaya  Og- 


.RUSSIA  AND  TURKEY. 


367 


loit,  Pasha  of  Trebisond,  had  ad- 
vanced  with  3000  men,  reinforced 
by  5000,  drawn  from  Batown  Ka- 
boulet,  Tchanety  and  Tchakna ; 
had  posted  himself  at  an  entrench- 
ed camp  between  the  town  of  Kin. 
trischi  and  the  fortress  of  St.  Ni- 
cholas. Here  he  had  thrown  a 
stockade  across  the  road,  at  a  nar- 
row passage  between  the  forest  and 
the  sea  ;  and  was  waiting  for  a  rein- 
forcement of  10,000  men  from  Tre- 
bisond to  attack  the  Russian  detach- 
ment, commanded  by  Major  Gene- 
ral Hesse,  in  possession  of  the 
Gouriel. 

This  officer  however,  on  the 
17th  of  March,  with  a  detachment 
of  about  1200  regular  troops,  1300 
of  the  neighbouring  militia,  and 
six  field-pieces,  crossed  the  river 
of  Natonali,  advanced  along  the 
sea  shore ;  sending  the  militia 
round  by  an  upper  road,  through 
the  forest.  The  Turks  posted  at 
the  first  line  of  stockades,  two 
miles  beyond  the  ford,  opened  their 
fire ;  but  the  militia  took  them  in 
flank,  and  attacked  them  with  such 
impetuosity,  that,  a  panic  seizing 
them,  they  abandoned  their  line  of 
stockades,  and  fled  to  the  camp, 
between  the  sea,  and  a  swampy 
wood.  Here  the  action  became 
bloody,  and  an  obstinate  conflict  of 
four  hours  ensued.  General  Hesse 
established  a  battery,  whence 
grape  shot  and  hand  grenades 
were  poured  upon  the  enemy ;  so 
that  he  abandoned  his  entrench- 


ments, and  fled  to  the  woods,  leav- 
ing  all  his  baggage,  and  most  of 
his  arms,  with  the  loss  of  a  thou- 
sand men,  killed  and  wounded. 

Another  attempt  by  Akhmet, 
Pasha  of  Adjar,  who,  together 
with  Koutchouk  Pasha,  and  a  corps 
of  five  thousand  men,  had  penetra- 
ted into  the  Sanjak  of  Potskhoff, 
and  taken  a  position  near  the  vil- 
lage of  Tsourts-kabi,  was  met,  and 
again  defeated  by  Colonel  Bourt- 
soff,  who  was  with  a  detachment 
near  Atckhour.  He  marched 
against  them,  on  the  13th  of  May, 
and  forced  them  to  retire  in  dis- 
order, in  the  direction  of  Adjar, 
and  of  Shaoshat. 

About  a  month  later,  a  large 
body  of  Turks  having  posted  them- 
selves upon  the  inaccessible  moun- 
tains of  Adjar,  they  were  drawn 
from  them,  by  a  movement  con- 
certed between  the  Major  Generals 
Bourtsoff  and  MouraviefF,  the  for- 
mer having  taken  post  at  the  de- 
file of  PotskhofF,  while  the  latter 
advanced  from  Ardughan,  to  place 
his  detachment  in  ambuscade,  and 
take  the  Turks  in  the  rear. 

These  accordingly  came  down 
from  the  mountains,  and  on  the 
12th  of  June  attacked  the  advan- 
ced guard  of  General  Bourtsoff, 
commanded  by  Colonel  Hoffman, 
who  maintained  his  position  for 
five  hours,  against  a  much  superior 
force.  Towards  night,  the  whole 
detachment  of  General  Bourtsoff 
was  engaged,  and  the  troops  of 


366 


ANNUAL  REGISTER,  1827-8-9. 


General  Mouravieff,  appearing  in 
the  rear  of  the  enemy,  the  Turks, 
on  perceiving  this  movement,  fell 
back  upon  their  entrenched  camp. 

On  the  night  of  the  14th  of  June, 
General  Mouravieff,  having  formed 
his  junction  with  General  Bourt- 
soff,  attacked  this  entrenched  camp, 
and  carried  it  by  assault,  after  three 
hours  of  hard  fighting.  The  Turks 
were  entirely  defeated,  pursued  in 
every  direction,  to  the  distance  of 
four  miles,  and  dispersed  among 
the  mountains.  Their  camp,  with 
large  stores  of  provisions  and  am- 
munition, near  400  prisoners,  five 
standards,  the  artillery,  consisting 
of  three  pieces  of  cannon,  and  a 
mortar,  fell  into  the  hands  of  the 
joint  Russian  detachment.  The 
loss  of  the  Turks  is  stated,  in  killed 
and  wounded,  at  1200  men.  The 
Russian  loss  was  inconsiderable. 

An  army  of  fifty  thousand  men 
had  been  collected  by  the  Seras- 
kier  of  Erzeroum,  and  divided  into 
two  corps,  one  commanded  by  the 
Pasha  of  three  tails,  Hagki,  an 
officer  of  high  renown  in  Asiatic 
Turkey ;  who,  with  twenty  thousand 
men,  was  stationed  at  the  passes 
of  the  mountains  of  Saganlon  ; 
the  other  of  thirty  thousand  men 
under  the  Seraskier  of  Erzeroum 
himself.  These  two  corps,  by  the 
manoeuvres  of  General  Count  Pas- 
kevitch,  were  separated  from  each 
other,  and  successively  totally  de- 
feated. 

After  a  minute  and   particular 


reconnoisance  of  the  camp  of  Hag- 
ki Pasha,  on  the  27th,  28th,  and 
29th  of  June,  he  satisfied  himself 
of  the  impossibility  of  attacking  it 
in  front,  and  on  the  left  wing,  where 
the  Russian  army  was  posted — and 
undertook,  by  a  bold  and  perilous 
movement,  to  turn  the  whole  ene- 
my's camp,  by  a  march  of  35  miles, 
over  difficult  roads,  crossing  the 
summit  of  two  steep  mountains, 
covered  with  snows,  and  intersect- 
ed with  deep  ravines,  and  in  the 
presence  of  the  enemy.  This 
movement  was  effected  on  the  30th 
of  June,  and  first  of  July,  when, 
after  various  skirmishes  with  sepa- 
rate detachments  of  the  army  of 
Hagki  Pasha,-  at  four  in  the  after- 
noon, General  Paskevitch  ordered 
his  troops  to  resume  their  positions 
of  the  morning. 

At  this  time,  a  superior  Turkish 
officer  was  brought  in  as  a  prison- 
er, who  gave  information  that  the 
Seraskier  of  Erzeroum  himself  was 
on  the  height  where  the  main  body 
of  Hagki  Pasha  was  posted,  and 
had  commenced  a  fire  of  artillery, 
throwing  up  at  the  same  time  a 
long  line  of  entrenchments :  that 
the  Seraskier  had  arrived  the  day 
before  with  his  vanguard,  and  that 
twelve  or  fifteen  thousand  men  had 
advanced  in  the  course  of  that  day, 
and  were  encamped  near  Zevin, 
where  the  remainder  of  his  force 
of  thirty  thousand  men  were  ex- 
pected to  arrive  from  hour  to  hour. 

Count  Paskevitch  concluded  that 


RUSSIA  AND  TURKEY. 


369 


the  only  alternative  left  him  was 
to  attack,  without  a  moment's  de- 
lay, this  corps,  before  they  should 
have  time  to  form  their  junction 
with  Hagki  Pasha  ;  in  which  event 
he  would  himself  have  been  at- 
tacked at  once  in  front,  in  flank, 
and  in  the  rear,  by  an  army  of  fifty 
thousand  men. 

There  were  two  roads  by  which 
it  would  have  been  possible  for 
Hagki  Pasha  to  have  sent  rein- 
forcements, to  the  aid  of  the  Se- 
raskier's  troops,  had  he  known  the 
projected  attack  upon  them.  Ge- 
neral Paskevitch  posted  detach- 
ments to  mark  both  these  passages ; 
and  then  marched  himself  with  his 
troops  in  three  columns,  to  the 
attack  of  the  Seraskier's  camp, 
whose  entrenchments  had  already 
been  pushed  to  within  one  mile  of 
his  own.  The  attack  was  com- 
pletely successful :  the  Turks  find- 
ing themselves  taken  by  surprise, 
fell  immediately  into  confusion  ; 
they  made  a  feeble  attempt  to 
rally  on  the  summit  of  the  moun- 
tain ;  but  were  soon  put  complete- 
ly to  flight,  by  several  successive 
charges  of  cavalry.  The  rapidity 
of  that  flight  may  be  conceived 
from  the  fact,  that  in  the  space  of 
three  hours  they  were  pursued  to 
the  distance  of  twenty-two  miles  ; 
until,  at  nine  in  the  evening,  they 
found  protection  in  the  darkness  of 
the  night,  beyond  the  foot  of  the 
Saganla  mountain.  The  Seras- 
kier's camp,  his  artillery,  warlike 
Voi.  III. 


stores  and  provisions,  were  all  ta. 
ken.  After  nightfall,  General  Pas- 
kevitch  reassembled  all  his  troops, 
to  bivouac  at  the  cross  roads  lead- 
ing to  the  camp  of  Hagki  Pasha, 
and  to  the  village  of  Zevina. 

From  this  position,  he  advanced 
at  daybreak  the  next  morning  to 
attack  the  Pasha's  camp  in  the 
rear.  A  prisoner,  taken  by  a  party 
of  Cossacks,  was  brought  to  Count 
Paskevitch,  and  informed  him  that 
the  troops  of  Hagki  Pasha,  from 
whose  camp  he  came,  had  not 
even  received  notice  of  the  defeat 
of  the  .Seraskier.  General  Paske- 
vitch  set  him  at  liberty,  that  he 
might  make  the  Pasha  acquainted 
with  the  fact,  which  he  did.  This 
news,  together  with  the  approach 
of  the  Russian  victorious  troops, 
and  the  consciousness  that  the  com- 
munication with  Erzeroum  was  cut 
off,  all  concurred  to  convince  Hag- 
ki Pasha  that  his  situation  was 
desperate,  and  his  ruin  inevitable. 
He  therefore  sent  back  to  Count 
Paskevitch  the  liberated  prisoner, 
.  offering  to  surrender  himself  and 
his  army.  The  Count  replied,  that 
he  would  accept  his  offers,  upon 
condition  that  his  troops  should  lay 
down  their  arms,  and  come  to 
meet  him ;  but  before  the  messen- 
ger had  returned,  the  fire  from  the 
Turkish  batteries  was  renewed. 

Count  Paskevitch  then  led  his 
troops  in  five  columns  upon  the 
enemy.  The  first  column,  com- 
manded  by  himself,  marched  di- 
47 


870 


AXXLAL  REGISTER,  1827-S-9. 


vectly  up  to  the  Pasha's  camp. 
The  others  took  the  Turks  in  flank. 
The  resistance  was  ill  concerted 
and  feeble.  Uagki  Pasha,  com- 
mander of  all  the  troops  in  the 
camp,  with  all  his  officers  and 
suite,  were  taken  prisoners  by  a 
corps  of  Cossacks  of  the  second 
column. 

The  three  other  columns,  though 
not  successful  in  cutting  off  entire- 
ly the  retreat  of  the  enemy,  pur- 
sued them  into  the  woods,  and 
down  the  declivities  of  the  moun- 
tains, on  one  side  as  far  as  Mid- 
jiugherd  and  Zanzah,  and  on  the 
other  to  the  very  borders  of  the 
Araxes. 

Thus,  says  the  report  of  General 
Count  Paskevitch  of  Erivan,  two 
memorable  battles,  fought,  one  on 
the  hi  at  day  of  July,  near  the  vil- 
lage of  Kanily,  with  the  Seraskier 
of  Erzeroum,  and  the  other  at  a 
place  called  M illi-Duze,  with  Hag- 
ki  Pasha,  have  completely  decided 
the  fate  of  the  Turkish  army  ;  and 
in  twenty-five  hours  of  time,  after 
a.  march  of  forty  miles,  the  Russian 
troop*  defeated  two  considerable 
cotps,  commanded  by  officers  of 
the  highest  distinction,  one  of  whom 
has  been  taken  prisoner — took  from 
the  enemy  two  camps,  one  of  which 
»vas  intrenched;  all  the  artillery, 
consisting  of  31  pieces  of  camion  ; 
all  the  munitions  of  war  and  pro- 
visions;  19  standards,  and  more 
than  1500  prisoners.  The  loss  of 
the  Russian  arrnv  on  both  davs,  did 


not  exceed  one  hundred  men  in 
killed  and  wounded.  In  these  ac- 
tions or  rather  routs  of  the  Asiatic 
Turkish  army,  it  is  to  be  remem- 
bered, that  they  consisted  of  raw 
and  undisciplined  levies.  In  the 
Russian  army  itself,  there  were 
two  regiments  of  Mussuhnen,  of 
whose  service  Count  Paskevitch 
speaks  in  terms  of  high  approbation. 

Seven  days  after  this  event,  on 
the  9th  of  July,  the  anniversary  of 
the  battle  of  Pultawa,  Count  Pas, 
kevitch  took  possession  of  Erze- 
roum, the  centre  of  the  Turkish 
power  in  Asia,  having  previously 
taken  the  fortress  of  Hassan-Kale. 
The  Seraskier  of  Erzeroum,  com- 
mander-iii-chief  of  the  whole  Turk* 
ish  army,  and  Governor  of  all 
Asiatic  Turkey,  together  with  four 
principal  Pashas,  were  taken  pri- 
soners :  29  pieces  of  cannon  were 
taken  at  Hassan-Kale,  and  150  at 
Erzeroum. 

To  secure  the  safety  of  his  flanks 
from  any  attempt  of  the  Turks, 
Count  Paskevitch  sent  out,  a  few 
days  after  he  entered  Erzeroum, 
two  detachments,  one  against  Kniss, 
a  fortified  place  distant  about  70 
miles  on  the  side  of  Mouscha,  and 
the  other,  under  Major  General 
Bourtsoff,  against  Beibourt,  about 
SO  miles  distant  on  the  road  to 
Trebizond. 

The  fortress  of  Kniss  was  occu- 
pied  without  resistance.  A  depu- 
tation  from  its  inhabitants  had  be«n 
sent  to  Count  Paskeritch,  to  implore 


RUSSIA  AND  TURKEY. 


371 


bis  protection  against  a  part  of  the 
troops  of  the  Pasha  of  Mouscha, 
who  after  the  taking  of  Erzeroum, 
had  revolted  against  their  chief, 
and  had  fallen  to  pillaging  in  Kniss 
and  the  surrounding  villages ;  the 
Pasha  himself  having  retreated  to 
Mouscha,  and  even  beyond  it  to 
Batliss. 

The  expedition  under  General 
Bourtsoff,  was  also  successful ;  a 
disorderly  collection  of  troops  un- 
der the  Kiaya  of  the  Seraskier, 
and  two  Pashas  of  the  neighbour, 
hood,  after  making  some  show  of 
resistance,  having  evacuated  Bei- 
bourt  and  dispersed  on  the  ap. 
proachof  the  Russian  troops. 

The  sharpest  contest  of  this 
Asiatic  campaign  was  the  attempi 
of  the  Pasha  of  Van  to  rescue  from 
the  Russians  the  fortress  of  Baja- 
zet,  which  had  been  taken  by  Count 
Paskevitch  towards  the  close  of  the 
operations  of  the  preceding  year ; 
and  where  he  had  left  a  garrison 
under  the  command  of  Major  Gene- 
ral PopofF. 

In  the  course  of  the  month  of 
June,  the  Pasha  had  assembled  a 
corps  of  7000  infantry  and  5000 
cavalry,  with  which  he  encamped 
on  the  29th,  near  the  village  of 
Kazigheul,  and  after  two  days  em- 
ployed in  reconnoitering  and  dri- 
ving in  the  Russian  advanced  posts, 
on  the  2d  of  July,  he  commenced 
the  attack  at  once  from  several 
quarters  on  the  place.  Under  th« 
tover  of  two  false  movements  upon 


batteries  in  other  parts,  the  real 
attack  was  made  upon  the  eastern 
battery.  The  Pasha  had  occupied, 
with  two  thousand  men,  a  range  of 
rocks  almost  inaccessible,  adjoin, 
ing  the  town  on  that  side,  and  from 
which  his  artillery  swept  the  Rus- 
sian troops  on  the  flank  and  in  the 
rear :  at  the  same  time  the  inhabi- 
tants of  the  Tartar  quarter  of  the 
place,  turned  against  the  Russians, 
and  commenced  a  heavy  fire  of 
musketry  upon  them  from  the  hou- 
ses. Major  General  PopofF  con- 
centrated all  his  forces,  including 
the  reserves,  dismounted  his  regi- 
ment of  Cossacks,  and  opposed 
with  desperate  resistance  the  supe- 
rior number  of  the  Turks.  Four 
times,  in  the  space  of  three  hours, 
was  the  battery  taken  and  retaken : 
as  night  came  on,  General  PopofF, 
by  advice  of  aCouncil  of  war,  aban- 
doned the  further  defence  of  it,  and 
drew  off  his  troops,  occupying  only 
the  old  and  new  castle  and  a  single 
western  battery.  The  fire  of  mus- 
ketry was  kept  up  the  whole  night, 
and  the  next  day  the  fire  of  artil- 
lery upon  the  Tartar  quarter  was 
renewed,  and  continued  five  hours 
without  cessation.  The  Turks,  re- 
assembling  to  the  number  of  six 
thousand  men,  opposite  the  eastern 
battety,  made  a  furious  assault 
upon  the  town ;  but  were  thrown 
into  disorder,  and  driven  back  by 
a  cross  fire  from  three  sides  of  the 
whole  Russian  artillery.  After 
thirty -two  hours  of  incessant  fight- 


812 


ANNUAL  REGISTER,  1827-8-9. 


ing,  the  Turks  retreated,  and  en- 
camped about  six  miles  from  the 
town;  but  the  garrison  was  too 
much  weakened  to  attempt  a  pur- 
suit.  The  Russian  report  acknow- 
ledges a  loss  of  killed  and  wounded, 
in  the  two  days,  of  nearly  eight 
hundred  men ;  the  real  loss  must 
have  been  much  more  severe.  It 
states  that  the  Turks  had  left  up- 
wards of  four  hundred  dead  on  the 
spot,  and  that  their  whole  loss  of 
men  killed  was  not  less  than  two 
thousand. 

From  the  4th  to  the  12th  of  July, 
the  Turks  reappeared  every  day 
on  the  heights  surrounding  the 
plaee,  but  without  venturing  any 
new  attack  upon  it.  A  reinforce- 
ment of  the  garrison  from  Georgia 
entered  the  place  on  the  7th,  the 
Pasha  having  detached  a  corps  of 
five  thousand  cavalry,  to  intercept 
them,  without  success. 

As  soon  as  the  Pasha  received 
information  of  the  defeat  of  Hagki 
Pasha  and  of  the  Seraskier,  and  of 
the  capture  of  Erzeroum,  he  found 
it  necessary  to  abandon  all  thought 
of  recovering  Bajazet,  and  to  re- 
turn to  the  defence  of  his  own  ter- 
ritory. 

About  the  last  week  in  July,  Ma- 
jor General  Bourtsoff,  commanding 
the  detachment  at  Beibourt,  learnt 
that  a  body  of  ten  or  twelve  thou- 
sand men  had  been  gathering  near 
the  town  of  Khumishchane,  on  the 
road  to  Trebisond,  and  undertook, 
tfith  only  five  companies  of  infan- 


try  and  a  regiment  of  Mussuhnen 
cavalry,  to  anticipate  the  attack 
which  he  expected  from  them. 
On  the  31st  of  July  he  came  up 
with  them  near  the  village  of 
Khart,  and  after  driving  in  the 
advanced  guard,  in  the  hope  of 
throwing  them  into  confusion,  not- 
withstanding  their  great  superiority 
of  numbers,  charged  them  impetu- 
ously  with  his  whole  detachment ; 
but  in  leading  up  his  Mussulmen 
regiment,  fell  by  a  musket  ball 
through  the  body.  Lieutenant 
Colonel  Lindenfield  then  took  the 
command ;  saw  that  the  dispropor- 
tion of  force  was  too  great,  and  the 
position  occupied  by  the  enemy  too 
advantageous  to  leave  him  a  hope 
of  success  by  perseverance  in  the 
attack  ;  he  therefore  drew  off  his 
detachment,  and,  unmolested  by  the 
enemy,  returned  to  Beibourt,where 
on  the  5th  of  August  General 
Bourtsoff  died  of  his  wound. 

General  Paskevitch  was  inform- 
ed of  the  unfortunate  issue  of  this 
gallant  enterprise  on  the  1st  of  Au- 
gust, and  the  same  night  ordered 
the  column  of  Major  General 
Mouravieff  to  proceed  by  forced 
marches  to  Beibourt,  to  which 
place  he  repaired  the  next  day, 
but  arrived  there  only  on  the  6th. 
He  ascertained  on  the  7th,  that  the 
assembled  force  consisted  of  peo- 
ple from  the  province  of  Lazistan, 
with  a  detachment  of  4,000  men, 
commanded  by  Osman  Shatyn  Og- 
lou.  former  Pasha  of  Anapa,  who 


RUSSIA  AND  TURKEY. 


378 


had  been  taken  prisoner  the  pre- 
ceding campaign,  and  set  at  liber- 
ty. His  forces  now  occupied  eight 
villages,  forming  a  semicircle,  all 
at  about  three  hours  march  from 
Beibourt,  and  so  situated  that  the 
whole  body  could  be  concentrated, 
at  either  of  them  which  might  be 
attacked. 

The  General,  after  reconnoiter- 
ing  their  positions,  concluded  to  di- 
rect  his  attack  upon  Khart,  where 
about  three  thousand  of  the  bravest 
mountaineers  were  posted.  At  five 
o'clock  in  the  afternoon  of  the  9th 
the  cannonade  commenced  from  a 
battery  of  12  pieces  of  cannon,  and 
continued  about  half  an  hour.  Du- 
ring this  time,  from  the  summits  of 
the  northern  mountains,  and  from 
the  villages  along  the  declivities,  a 
mass-  of  infantry  was  advancing, 
and  formed  two  ambuscades,  one 
upon  the  flank  and  the  other  in  the 
rear  of  the  Russians.  General 
Paskevitch,  after  opening  a  fire  of 
artillery  upon  the  intrenchments, 
determined  to  direct  his  first  atten- 
tion to  those  reinforcements  ;  and 
the  day  was  consumed  in  demo- 
lishing these  two  ambuscades,  and 
in  occupying  all  the  heights  by 
which  the  villages  were  surrounded. 
After  this  had  been  effected,  and 
the  heights  both  at  the  right  and 
left  of  the  village  were  in  possession 
of  the  Russians,  they  were  attack- 
ed, near  ten  o'clock  at  night,  by  a 
fresh  corps  of  Turkish  troops  of 
two  thousand  men,  under  Osman 


Pasha,  joined  to  the  fugitive  La- 
sians,  who  had  been  driven  from 
their  position.  They  were  finally 
arrested  by  a  fire  of  grape  shot, 
within  reach  of  musketry  from  the 
Russian  camp. 

The  Lasians  in  the  village,  find- 
ing  it  surrounded  by  the  Russian 
forces,  perceived  that  their  only 
prospect  06  safety  was  in  flight,  and 
almost  entirely  evacuated  the  place 
in  the  night ;  passing  hi  small 
bands  between  the  different  de- 
tachments of  Russian  cavalry,  post- 
ed at  some  distance  from  each 
other ;  one  party  of  them,  falling 
in  with  a  Russian  regiment,  which 
intercepted  the  prisoners,  and  three 
of  their  standards,  besides  killing  a 
number  of  their  men.  At  day- 
break, the  village  was  occupied  by 
the  Russians,  who  found  a  remnant 
of  the  Lasian  troops  there,  took  12 
prisoners,  and  put  the  rest  to  the 
sword. 

Count  Paskevitch  then  detached 
a  large  body  of  cavalry,  in  two  di- 
visions, to  scour  the  neighbouring 
villages,  on  the  right  and  left  of 
his  position  at  Khart.  Major  Ge- 
neral  Raievsky,  with  the  right  di- 
vision,  at  a  distance  of  8  miles, 
found  a  corps  of  800  or  1000  Turk- 
ish infantry,  which  fled,  and  sought 
refuge  on  rocky  heights,  inaccessi- 
ble  to  cavalry  and  artillery.  The 
other  detachment,  under  Colonel 
Anrep,  soon  overtook,  in  the  defile 
where  the  village  of  Balahor  is 
situated,  the  camp  of  Osman  Pasha, 


S74 


ANNUAL  REGISTER,  1827-8-9. 


with  three  thousand  men,  cavalry 
and  infantry,  whom  they  imme- 
diately engaged,  and  after  an  ob- 
stinate conflict,  put  to  flight.  The 
action  was  commenced  by  a  Rus- 
sian Tartar  regiment,  which,  over- 
powered by  numbers,  were  twice 
driven  back  ;  but  being  promptly 
supported  by  another  Mussulman 
regiment,  compelled  the  Turkish 
cavalry  to  retreat  behind  the  vil- 
lage of  Balahor;  leaving  the  re  their 
infantry,  with  two  pieces  of  cannon^ 
The  Russian  Mussulman  cavalry, 
sustained  by  a  regular  body  of 
horse,  then  marched  directly  upon 
the  village.  Two  other  divisions 
of  regular  cavalry  were  despatch- 
ed to  turn  the  right  flank  of  the 
Turks,  while  the  artillery  plied 
upon  the  centre.  The  Turks, 
horse  and  foot,  took  to  flight,  and 
were  pursued  in  all  directions  till 
dispersed,  and  lost  in  the  recesses 
of  the  mountains.  Their  two 
pieces  of  cannon,  a  standard,  the 
whole  camp  of  Osman  Pasha,  their 
baggage,  with  the  property  of  the 
inhabitants  of  several  villages,  who 
had  retired  into  the  mountains,  a 
large  quantity  of  powder  and  ammu- 
nition, a  number  of  head  of  cattle, 
and  many  horses,  abandoned  by 
the  Turks,  who  escaped  on  foot 
from  the  pursuit,  fell  into  the  hands 
of  the  Russians.  The  report  of 
General  Paskevitch  states  the 
Turkish  loss  in  killed,  at  more  than 
800  men,  and  150  prisoners  ;  his 
own  loss  in  the  two  days  he  gives 


as  only  six  men  killed,  four  officers, 
and  less  than  sixty  soldiers  wound- 
ed, which,  considering  the  severity 
of  the  contest,  and  the  number  en- 
gaged, must  be  susceptible  of  con- 
siderable additions. 

The  report  estimates  the  number 
of  the  Turkish  forces  engaged,  at 
near  12,000  men,  and  adds,  that 
from  all  Lazittan,  further  reinforce- 
ments of  perhaps  ten  thousand  men 
were  expected.  He  considers  the 
whole  levy,  and  all  the  troops  which 
could  be  collected  by  the  Pasha  of 
Trebisond,  as  definitively  broken 
up,  and  scattered  by  this  victory  : 
and  sends  to  the  Emperor  four 
standards,  captured  from  the  La- 
sians,  "  the  most  valiant  of  the 
Asiatic  nations." 

We  close  here  the  account  of 
the  brilliant  campaign  of  1829,  of 
the  detached  Russian  army  of  the 
Caucasus,  Under  the  command  of 
the  Aid-de-Camp  General  Count 
Paskevitch,  of  Erivan  ;  whose  ca- 
reer, from  the  commencement  to  the 
close  of  the  war,  was  one  of  con- 
tinual and  uninterrupted  success. 
Such  had,  also,  been  his  immediate- 
ly preceding  campaign  in  Persia. 
In  both  instances,  it  will  be  observ, 
ed,  he  had  to  contend  with  greatly 
superior  numbers.  Much  of  his 
success  was  undoubtedly  due  to 
the  superiority  of  European  dis- 
cipline and  tactics.  In  the  battles 
of  Kainly,  and  Milli-Duze,  on  the 
first  and  second  of  July,  his  whole 
army  must  have  been  annihilated. 


RUSSIA  AND  TURKEY. 


375 


had  the  commanders  and  army  op. 
posed  to  him,  belonged  to  any 
Christian  nation  whatever.  His 
manoeuvre  to  separate  the  Seras- 
kier of  Erzeroum,  and  Hagki  Pasha, 
against  such  adversaries,  was  only 
bold,  and  was  justified  by  complete 
success.  Against  Christian  chief- 
tains it  could  not  have  been  prac- 
ticable ;  we  may  safely  say,  he 
never  would  have  attempted  it. 

We  return  to  the  more  important 
theatre  of  war,  in  the  European 
Provinces. 

The  campaign  commenced  by 
the  renewal  of  the  siege  of  Silis- 
tria,  under  the  immediate  direction 
of  General  Count  Diebitch  himself. 
A  sortie  was  soon  after  made  by 
the  garrison,  who  were  soon  driven 
back,  but  in  which  Major  General 
Prosorovski  was  killed  by  a  cannon 
ball. 

On  the  17th  of  May,  the  detach- 
ment of  the  Russian  army,  com- 
manded by  General  Roth,  posted 
near  the  village  of  Eski-Arnaoutlar 
at  the  junction  of  the  roads,  of  Ba- 
zardjik,  Pravody,  Devno  and  Shum- 
la,  was  attacked  by  the  Turkish 
army  commanded  by  the  Grand 
Vizier  from  Shumla. 

This  was  no  longer  Izzet  Mehe- 
med,  who  had  been  appointed)  the 
preceding  autumn,  after  the  sur- 
render of  Varna.  He  had  been 
recalled,  and  displaced  by  the  Sul- 
tan, about  the  20th  of  February, 
and  Redschid  Pasha,  SeraSkier  of 
Roumelia,  appointed  in  his  stead. 


The  reputation  of  Redschid  Pasha 
was  founded  upon  his  success  in 
suppressing  the  insurrection  of  the 
far-famed  Ali  Pasha  of  Janina ;  and 
subsequently  by  the  conquest  of 
Missolonghi,  and  of  the  Acropolis. 
The  force  of  General  Roth  con- 
sisted of  three  regiments  of  infantry, 
with  twelve  pieces  of  artillery,  and 
a  company  of  Cossacks.  Before 
daybreak,  under  a  thick  fog,  the 
Cossack  advanced  posts  were  at- 
tacked,  and  the  whole  detachment 
was  soon  surrounded  by  fifteen 
thousand  Turks,  infantry  and  ca- 
valry :  an  obstinate  conflict  ensued, 
and  the  Turks,  several  times  repul- 
sed, still  returned  to  the  charge,  till 
about  nine  o'clock,  Major  General 
Wachton,  hasting  from  Devno,  with 
two  regiments  of  Chasseurs,  and 
two  of  Cossacks,  by  a  vigorous 
charge,  forced  the  Turks  to  retire 
with  considerable  loss.  Strength- 
ened soon  alter  by  a  reinforcement 
of  three  thousand  fresh  men  from 
Shumla,  Redschid  Pasha  renewed 
the  attack,  and  sent  a  body  of  four 
thousand  horse,  to  turn  the  left  wing 
of  General  Roth.  To  counteract 
this  movement,  that  officer  detach* 
ed  two  regiments,  with  artillery, 
supported  by  two  battalions  of  in- 
fantry, when  the  two  regiments 
were  forthwith  surrounded  by  the 
Turkish  cavalry,  and  received  un- 
broken, their  whole  shock;  com- 
pelling them  to  retreat  with  heavy 
loss.  The  Turks  then  brought  into 
action  the  whole  body  of  the*'  in- 


870 


ANNUAL  REGISTER,  1827-8-9. 


fantry,  which  bearing  down  upon 
the  single  regiment  of  Okhotsk, 
drove  them  from  their  position,  and 
took  four  pieces  of  light  artillery, 
the  horses  and  men  by  which  they 
were  served,  being  all  cut  to  pieces. 
The  detachment  was  in  imminent 
danger  of  being  overpowered  by 
the  shock  of  twenty-five  thousand 
men,  but  was  relieved  by  a  charge 
with  the  bayonet  on  both  flanks  of 
the  enemy,  by  two  battalions  of  in- 
fantry, under  the  command  of  Co- 
lonel Lischin.  The  Grand  Vizier, 
as  night  came  on,  retired,  leaving 
the  field  of  battle  in  possession  of 
the  Russians,  and  fell  back  upon  the 
valley  of  Nutcha  toward  Shumla. 
The  battle  had  lasted  from  three  in 
the  morning,  till  eight  in  the  even- 
ing.  The  Russian  report  says  that 
the  Turks  left  upwards  of  two  thou- 
sand dead  upon  the  field,  and  a 
great  number  of  horses  ;  that  the 
rage  of  battle  did  not  admit  of  ma- 
king many  prisoners,  their  number 
amounting  to  only  forty-six,  among 
whom  was  one  Mollah  ;  that  their 
own  loss  was  of  one  Major  General 
Ryndiu,  an  officer  of  engineers,  a 
chaplain,  and  480  men  killed,  and 
627  officers  and  men  wounded. 

-  From  a  report  of  Lieutenant  Ge- 
neral Baron  Kreutz,  commanding 
a  detachment  of  observation  upon 
the  road  from  Shumla  to  Silistria, 
it  appeared  that  he  had  established 
a  communication  on  the  19th  of 
May,  with  the  corps  of  infantry  of 
General  Roth,  posted  at  Eski-Ar- 


naoutla,  and  that  afterwards,  the 
Grand  Vizier  had  returned  with  his 
army  to  Shumla. 

A  few  days  after,  General  Die- 
bitch  was  informed  by  prisoners 
brought  in  by  some  of  his  scouting 
parties,  that  the  Turks  were  assem- 
bling large  bodies  of  militia  at 
Razgrad ;  and  detached  General 
Kreutz,  with  twelve  squadrons  of 
cavalry,  eight  battalions  of  infant- 
ry and  twelve  field  pieces,  to  dis- 
perse them.  General  Kreutz  left 
the  camp  before  Silistria  on  the 
27th  of  May,  and  on  the  29th, 
reached  Razgrad,  which  the  Turks 
evacuated  at  his  approach.  He  in- 
tercepted, however,  a  courier  bear- 
ing  despatches  from  the  Grand  Vi- 
zier to  Hussein  Pasha,  then  com. 
manding  at  Rustshuk.  On  his  re- 
turn towards  Silistria,  General 
Kreutz  took  the  road  through  Tour- 
toukai.  On  the  31st,  his  advanced 
guard,  commanded  by  Major  Gene- 
ral Sheremeteff,  met  and  attacked 
between  Eximil  and  Tourksimil  a 
corps  of  about  1,000  horse,  with 
some  infantry,  under  the  command 
of  Hassan  Pasha,  from  Rustshuk. 
He  put  them  easily  to  flight  with 
the  loss  of  250  men  killed,  117  pri- 
soners,  a  standard,  and  much  bag- 


The  intercepted  letters  from  the 
Grand  Vizier  to  Hussein  Pasha, 
gave  notice  of  his  intention  to  march 
by  the  way  of  Pravody,  and  Ba- 
zardjik  to  the  relief  of  Silistria. 
On  the  28th,  he  had  accordingly 


RUSSIA  AND  TURKEY. 


left  Shumla  with  forty  thousand 
men  ;  of  which  twenty  regiments 
of  regular  infantry,  and  six  of  ca- 
valry, formed  the  main  strength, 
and  advanced  upon  Kozloudgi 
where  General  Roth,  reinforced  by 
the  detachment  of  Prince  Madatoff, 
had  collected  a  force  of  twenty-four 
battalions  of  infantry,  and  thirty- 
six  squadrons  of  cavalry.  With- 
out attacking  General  Roth,  the 
Vizier  filed  with  his  troops  to  the 
right  across  the  valley  of  Nevtcho, 
and  on  the  1st  of  June,  occupied 
the  heights  of  Kerivno,  opposite 
the  Russian  works  in  front  of  Pra- 
vody,  on  the  road  to  Shumla.  Here 
he  commenced,  and  continued  for 
several  days,  a  sharp  cannonade. 
On  receiving  this  information,  Ge- 
neral Diebitch  formed  the  plan  of 
cutting  off  the  communication  of 
the  Grand  Vizier  with  Shumla,  and 
of  bringing  him  to  a  general  action 
in  the  open  field.  He  broke  up 
from  his  camp  before  Silistria, 
taking  with  him  24  battalions  of  in- 
fantry, 24  squadrons  of  cavalry,  and 
a  regiment  of  Cossacks,  leaving  the 
siege  to  be  continued  by  the  rest 
of  his  army,  under  the  command  of 
General  Krassovsky.  There  were 
four  roads  from  Silistria  to  Pravody, 
the  largest  of  which  was  preferred 
by  General  Diebitch,  with  a  view 
to  keep  his  march  concealed  from 
the  Grand  Vizier,  till  it  should  be 
too  late  to  effect  his  retreat  upon 
Shumla.  On  the  5th  of  June, 
Count  Diebitch,  with  the  principal 
Voi,.  III. 


part  of  his  force,  marched  to  Kout 
chowk  Kainardgi :  on  the  6th,  he 
continued  to  Bairam,  Pounari,  and 
on  the  7th*  to  Kaourgo,  where  he 
was  joined  by  General  Kreutz,  with 
four  battalions  and  eight  squadrons, 
who,  to  cover  the  principal  column 
on  the  side  of  Razgrad,  had  passed 
through  Aslotar  ;  and  who,  with  an 
advanced  guard  of  eight  squadrons* 
pushed  forward  the  same  day  to 
Kigidgelar : — On  the  8th,  the  army 
proceeded  to  this  place,  and  the  ad- 
vanced guard  to  Molotch  : — On  the 
9th,  the  army  came  to  Taouchan 
Kozloudgi,  and  the  advanced  guard 
to  Yanouskioi.  No  fires  were 
made  in  this  camp,  while  General 
Roth,  leaving  all  the  fires  of  his 
camp  at  Eski-Arnaoutlar  lighted 
up,  in  the  night  of  the  9th,  filed 
off  towards  Taouchan  Kozloudgi, 
where  his  cavalry  arrived  early  in 
the  morning  of  the  10th. 

There  were  three  passages,  by 
which  the  communications  between 
the  camp  of  the  Grand  Vizier  and 
Shumla  were  practicable.  One  by 
the  way  of  Pravody,  which  being 
still  in  possession  of  the  Russians, 
was  now  .barred.  The  second  by 
the  defile  of  Nevtcha,  through 
which  his  position  of  Kerivno  might 
have  been  assailed ;  but  it  would 
have  been  a  rash  experiment;  for 
even  if  it  had  been  forced,  his  re- 
treat by  the  way  of  Markovtcha 
upon  Shumla,  was  yet  open,  and 
there  were  all  his  supplies  of 
warlike  stores  and  provisions.  Gc 
48 


378 


ANNUAL  REGISTER,  1827-3-9. 


ncral  Diebitch  determined,  there- 
fore,  upon  another  movement,  to 
put  himself  upon  the  direct  line  of 
communication  of  the  Turkish  ar- 
my. On  the  10th,  he  proceeded, 
at  the  head  of  the  corps  of  Count 
Pahlen,  composed  of  the  troops 
from  Silistria.  The  advanced  guard 
of  General  Kreutz  met  near  Yeni- 
bazar  small  troops  of  Turkish  caval- 
ry, and  urged  them  back  upon 
Shumla.  A  corps  of  Turkish  in- 
fantry attempted  to  defend  the 
passage  of  a  brook  at  Boulanik, 
was  repulsed  in  the  same  manner ; 
and  General  Kreutz  crossed  the 
brook.  Keeping  the  brook  itself 
as  a  defence  of  his  right  flank,  he 
stretched  his  left  out  towards  the 
Stragea,  fronting  towards  Shumla, 
to  cover  the  rear  of  General  Die- 
bitch's  main  body,  the  head  quar- 
ters of  which  were  taken  near  the 
village  of  Madera  ;  fronting  to- 
wards the  defile  of  Tchirkovna, 
through  which  passed  the  direct 
road  from  Pravody  to  Shumla.  A 
new  advanced  guard  of  five  bat- 
talions and  four  squadrons,  com- 
manded by  General  Otrotchensko, 
was  posted  at  Koulevtcha,  and 
Tchirkovna,  to  watch  the  pass  at 
the  defile.  The  corps  of  General 
Roth  was  left  at  Taouchan  Koz- 
loudgi  to  cover  the  Russian  com- 
munications, and  be  ready  to  re- 
ceive the  Vizier,  if  he  should  at- 
tempt the  passage  at  the  defile  of 
Nevtcha.  The  two  corps  were  thus 


at  hand,  to  give  mutual  aid  to  each 
other  in  case  of  need. 

By  the  single  march  upon  Ma- 
dera, the  situation  of  the  Grand  Vi- 
zier  became  extremely  critical. 
The  very  defiles,  which  formed  the 
strength  of  his  positions,  had  been 
turned  into  barriers  against  him- 
self. The  three  passages  between 
his  camp  at  Shumla  were  occupied 
by  the  Russians ;  and  he  had  not 
a  suspicion  of  his  danger.  The 
march  of  Count  Diebitch  from  Si- 
listria had  been  so  completely  con- 
cealed from  him,  that  when  his 
advices  from  Shumla,  made  known 
to  him  the  presence  of  a  Russian 
force  in  the  plain  fronting  that 
place,  he  thought  it  was  only  Ge- 
neral Roth  with  a  part  of  his  corps, 
operating  a  diversion  for  the  relief 
of  Pravody.  He  determined,  there- 
fore, to  raise  the  siege ;  and,  after 
crushing  the  corps  of  General  Roth, 
to  proceed  on  the  direct  road  from 
Shumla  to  the  relief  of  Silistria. 
In  the  evening  of  the  10th  of  June 
he  broke  up  his  camp  at  Kerivna, 
and  by  a  night  march  passed  from 
Markovtcha  upon  Tchirkovna.  Ge- 
neral Roth  received  immediate  no- 
tice of  this  movement,  left  Taou- 
chan Kozloudgi,  and  in  the  morn- 
ing of  the  llth  formed  his  junction 
with  Count  Pahlen  ;  so  that  the 
army  assembled  near  Madera  was 
of  44  battalions  and  50  squadrons. 

On  the  morning  of  the  lltb,  a 
body  of  about  3000  Turkish  caval- 


RUSSIA  AND  TURKEY. 


379 


ry  and  infantry  made  their  appear- 
ance  at  the  pass  of  Tchirkovna. 
Some  of  the  prisoners  taken  in  the 
defiles  occupied  by  the  Russians 
reported,  that  on  the  night  of  the 
10th,  the  Grand  Vizier  had  posted 
part  of  his  army  there  ;  but  that 
he  himself,  with  the  principal  part 
of  his  forces,  had  taken  a  cross 
road  from  Newkoutcha  through 
Komarevo  upon  Marasch.  This  in. 
formation  proved  to  be  false.  To 
ascertain  the  feet,  General  Die- 
bitch  ordered  a  reconnoisance  by 
General  Otrotchensko,  with  ten 
battalions  of  infantry,  four  squad- 
rons of  cavalry,  and  twelve  field 
pieces.  This  movement  was  scarce 
executed,  when  the  whole  regular 
infantry  of  the  Grand  Vizier  was 
seen,  formed  in  hollow  square,  with 
his  cavalry  displayed  in  well.or- 
dered  columns,  and  the  whole  sup. 
ported  by  a  numerous  artillery. 
He  was  himself  there,  with  twenty- 
two  regiments  of  regular  infantry, 
several  of  cavalry,  and  fifteen  thou- 
sand irregular  infantry  and  cavalry 
from  Anatolia.  A  general  and  des- 
perate action  now  commenced,  du- 
ring which  the  corps  of  General 
Otrotchensko,  nearly  overpowered 
by  the  successive  charges  which  it 
sustained,  was  reinforced  by  six 
battalions  of  infantry,  eight  squad, 
rons  of  cavalry,  and  eight  field 
pieces  of  battering  horse  artillery, 
which,  with  vigorous  charges  of 
two  regiments  of  hussars,  restored 
(says  General  Diebitch's  report,) 


the  equality  of  the  combat.  After 
four  hours  of  bloody  conflict,  the 
firing  ceased  on  both  sides,  from 
the  extreme  lassitude  of  the  com- 
batants. The  Turks  fell  back  upon 
a  strong  position,  towards  the 
woods,  leaving  the  field  of  battle 
heaped  with  dead,  from  their  best 
regular  regiments.  General  Die- 
bitch  availed  himself  of  this  inter- 
val, to  prepare  for  a  final  and  de- 
cisive struggle.  He  relieved  the 
troops  which  had  been  engaged,  by 
eight  fresh  battalions,  supported  by 
the  reserve  of  General  Roth,  con- 
sisting  of  eighteen  battalions  and 
twenty  squadrons.  At  the  same 
time,  he  sent  a  reinforcement  of 
four  battalions  and  fourteen  squad, 
rons  to  General  Kreutz,  who  was 
posted  before  Shumla. 

Aware  of  these  preparatory 
movements,  and  alarmed  by  the 
losses  he  had  already  suffered,  the 
Grand  Vizier  assembled  a  council 
of  war,  in  which  it  was  resolved  to 
effect  a  retreat  by  the  way  of  Mar- 
koutcha  and  Komarevo,  upon  Ma. 
rasch.  But  while  the  council  were 
in  deliberation,  at  about  four  in  the 
afternoon,  all  the  Russian  columns 
advanced  in  different  directions  to 
renew  the  attack.  The  horse  ar- 
tillery, by  a  well-directed  fire,  sue- 
ceeded  in  blowing  up  two  powder 
wagons  of  the  Turks,  which  spread 
terror  among  their  ranks,  and  threw 
them  into  confusion.  This  was 
succeeded  by  a  charge  at  quick 
step  of  the  Russian  troops,  which 


ANNUAL  REGISTER,  1627-8-*. 


the  Ottomans  did  not  stay  to  meet, 
but  took  to  flight,  protected  by  a 
heavy  fire  of  artillery,  till  .they 
were  compelled  to  follow  the  in. 
rantry,  abandoning  40  pieces  of 
cannon,  with  all  their  powder  wa- 
gons and  carriages,  with  loss  of 
more  than  two  thousand  slain,  and 
fifteen  hundred  prisoners.  The 
Grand  Vizier  himself,  with  the 
wreck  of  his  cavalry,  effected  his 
escape  and  succeeded  in  reaching 
Shumla.  For  his  safety,  he  was 
not  a  little  indebted  to  the  obstruc- 
tions on  the  road,  occasioned  by 
the  deserted  baggage  wagons  and 
equipages  of  his  own  army,  which 
so  encumbered  the  road,  that  a  part 
of  the  Russian  infantry  was  neces- 
sarily detained  in  opening  a  pas- 
sage for  the  artillery. 

Such  was  the  decisive  issue  of 
the  battle  of  Koulevteha,  or  of  Pra- 
vody.  It  was  contested  with  an 
obstinacy  of  valour  on  both  sides, 
seldom  surpassed  ;  and  the  victory 
here,  like  that  of  Count  Paskevitch 
at  Kainly  and  Milli-Duze,  displayed 
the  superiority  rather  of  European 
tactics  than  of  courage.  The  Grand 
Vizier,  like  the  Seraskier  of  Erze- 
roum  and  Hagki  Pasha,  was  taken 
by  surprise ;  and  so  ill  informed 
was  he  of  the  movements  of  his 
principal  enemy,  that  he  found 
himself  surrounded,  within  passes 
selected  by  himself  for  defence,  by 
a  stolen  march  of  the  Russian  army, 
which  it  had  taken  six  days  to  per- 
form,  and  of  which  he  remained 


utterly  ignorant  to  the  last.  The 
loss  of  the  Russians  is  stated  to  have 
been  1178  killed  and  1091  wound- 
ed,  among  whom  were  Generals 
Otrotchensko  and  Glasenop.  Lieu- 
tenant Colonel  Remling  was  killed- 

The  attempt  to  pursue  the  shat- 
tered remnants  of  the  Turkish  ar- 
my, was  not  remarkably  success- 
ful. Establishing  his  camp  at  the 
village  of  Madera,  General  Die- 
bitch  gave  in  charge  to  Count  Pah- 
len,  the  pursuit  of  the  fugitive 
army,  and  General  Kouprianofif 
with  the  garrison  of  Prarody,  where 
he  had  commanded  during  the  siege 
of  that  place  by  the  Grand  Vizier, 
was  ordered  to  join  the  pursuit. 
The  corps  of  General  Roth,  with 
the  addition  of  a  division  of  hus- 
sars, advanced  by  the  way  of  Kas- 
saply  upon  Marasch,  on  the  12th 
of  June,  so  that  General  Rudiger, 
at  the  head  of  the  advanced  guards, 
might  extend  his  line  along  the 
Kamtchik,  and  send  out  strong  re- 
connoitering  parties  upon  Eski 
Stamboul  and  Kostaga. 

Before  Count  Pahlen  reached 
the  village  of  Markovtcha,  the 
Turks  had  struck  off  from  the  high 
road,  at  the  right  hand  towards 
Yankov,  by  roads  impracticable  for 
artillery;  leaving,  therefore,  the 
pursuit  to  General  Kouprianoff,  he 
fell  back  upon  the  position  occupied 
by  the  army.  Both  roads  were  ob. 
structed  and  encumbered  by  the 
baggage  and  ammunition  wagons 
of  the  defeated  array,  presenting 


RUSSIA  AND  TURKEY. 


361 


for  the  space  of  fifteen  miles,  the 
continual  demonstration  of  its  ruin. 
On  the  other  side,  General  Roth, 
in  advancing  upon  Marasch,  was 
met  by  a  corps  of  cavalry  1500 
strong,  sent  out  from  Shumla  to 
impede  or  annoy  his  march;  but 
they  were  driven  back  with  a  loss 
©f  six  hundred  of  their  number  by 
the  cavalry  commanded  by  Prince 
Madatoff.  General  Rudiger,  in  the 
mean  time,  continued  the  march 
upon  Marasch,  where,  after  the 
action,  the  whole  corps  of  General 
Roth  took  up  their  quarters. 

While  these  eventful  scenes 
were  passing  between  Pravody  and 
Shumla,  the  war  upon  the  line  of 
the  Danube  was  scarcely  less  ac- 
tive. The  siege  of  Silistria  con- 
tinued  to  be  vigourously  pressed  by 
General  Krassovsky.  Before  the 
departure  from  the  place  of  Gene- 
ral  Diebitch,  he  had  been  at  dif- 
ferent times  informed,  that  the 
Turkish  government  were  making 
large  purchases  of  grain  along  the 
shores  of  the  Danube,  to  send  them 
down  by  that  river  to  supply  with 
provisions  the  fortresses  on  its 
banks,  still  in  their  possession.  He 
gave  orders,  therefore,  to  General 
Geismar,  to  cut  off  their  communi- 
cation with  those  fortresses  by  the 
river.  For  this  purpose  General 
Geismar  undertook  to  cross  the 
river  and  take  possession  of  the 
fortified  town  of  Oreava  or  Rakho- 
va,  situated  on  the  southern  side  of 


the  Danube,  about  half  way  be- 
tween Rustshuk  and  Widdin. 

On  the  8th  of  June,  at  10  o'clock 
at  night,  a  detachment  of  200 
volunteers,  commanded  by  Colonel 
Count  Tolsioy,  and  a  battalion  of 
chasseurs  under  Colonel  Gesrilen- 
koff,  embarked,  the  whole  being 
commanded  by  Colonel  Grabbe,  in 
boats,  and  descended  the  river  Jio 
to  its  mouth,  opposite  to  which,  on 
the  right  bank  of  the  Danube,  there 
was  a  Turkish  redoubt  armed  with 
three  pieces  of  cannon.  The  rest 
of  the  Russian  troops  came  down 
to  the  borders  of  the  Danube,  where 
at  day  break  of  the  9th,  from  a  bat- 
tery of  22  pieces  of  cannon,  com- 
manded by  Major  General  Diete- 
richs,  they  commenced  a  brisk  fire 
upon  the  town  and  redoubts  on  the 
opposite  side  of  the  river,  which 
was  returned  by  an  equally  active 
fire  upon  them.  At  the  dawn  of 
day,  Colonel  Grabbe,  with  his 
boats,  crossed  the  river  rapidly, 
followed  by  the  boats  of  Colonel 
Tolsioy  and  the  four  boats  of  volun- 
teers, and  landed  amid  the  cheering 
shouts  of  their  own  hurras,  and 
a  shower  of  musketry  from  the 
heights,  houses,  and  hovels  of  the 
southern  shore.  Colonel  Grabbe 
himself  first  sprung  to  the  land. 
The  impatience  of  the  volunteers 
did  not  allow  them  to  wait  till  their 
boats  reached  the  bank.  No  sooner 
had  they  got  within  their  depth, 
than  they  dashed  from  their  boats 


382 


ANNUAL  REGISTER,  1827-8-9. 


into  the  river,  and  waded  to  the 
shore.  The  Turks  defended  inch 
by  inch  every  passage  and  every 
house.  The  landing  being  effected, 
an  obstinate  action  of  four  hours 
ensued,  during  which  a  redoubt 
upon  a  steep  height  was  carried  by 
assault,  at  which  Colonel  Grabbe 
was  wounded  by  a  musket  ball : 
he  then  sent  Colonel  Grilenkoff, 
with  two  companies,  who  took  post 
on  a  hill,  which  commanded  the 
city,  and  thereby  cut  off  the  com- 
munication  of  the  Turkish  troops 
remaining  in  the  redoubt  on  the 
shore,  and  in  the  citadel,  where  the 
Pasha  had  taken  refuge  with  his 
garrison,  in  the  houses  and 
mosques.  General  Geismar  then 
sent  Colonel  Gavrilenkoff  with  a 
fresh  battalion  of  infantry,  who 
crossed  the  river  in  the  boats  which 
remained  on  the  northern  shore, 
together  with  those  which  had  re- 
turned from  the  morning's  passage, 
and  after  passing  about  the  redoubt 
on  the  bank,  carried  it  by  assault, 
the  Turks  refusing  to  surrender  it 
upon  the  offer  of  quarters.  The 
Pasha  soon  after  came  out  from  the 
citadel,  surrendering  himself  and 
his  garrison  of  400  men  to  Colonel 
Grabbe  at  discretion.  The  Turk- 
ish  gun  boats  on  the  river  were 
then  attacked  by  order  of  General 
Geismar,  and  one  of  them  was 
taken.  The  Turkish  cavalry  com- 
manded by  another  Pasha,  number- 
ing 500  men,  escaped  by  flight. 
Selim  Effendi,  Ayan  of  Rakhova, 


were  among  the  slain,  the  num- 
bers of  which  were  great.  Five 
pieces  of  cannon,  six  standards, 
and  46  prisoners,  among  whom  was 
Hussein  Aly,  Pasha  of  Vrana,  and 
many  officers,  were  taken.  The 
Russian  report  acknowledges  a  loss 
of  3  officers  and  47  privates  killed, 
11  officers,  among  whom  were  the 
Colonels  Grabbe  and  Tolsloy,  and 
175  soldiers,  wounded. 

On  the  30th  of  June,  when  all 
the  preparations  for  a  final  and  de- 
cisive assault  were  made,  Sert 
Mahmoud  Pasha,  commanding  the 
fortress  of  Silistria,  delivered  its 
keys  to  Lieutenant  General  Kras- 
sovsky,  who  directed  the  siege,  and 
surrendered  himself,  and  his  garri- 
son of  ten  thousand  men,  prisoners 
of  war.  220  pieces  of  cannon,  80 
standards,  and  the  whole  Turkish 
flotilla,  fell  with  the  fortress  into 
the  hands  of  the  Russians. 

Immediately  after  the  surrender 
of  Silistria,  General  Diebitch  com- 
menced his  preparations,  for  the 
passage  of  the  Kamtchik  river  and 
of  the  Balkan  mountain.  He  gave 
orders  accordingly  to  General 
Krassovsky  to  leave  there  a  garri- 
son of  eight  battalions  of  infantry, 
and  three  regiments  of  Cossacks, 
and  to  join  him  with  all  the  rest  of 
his  troops  at  Shumla.  General 
Krassovsky  was  engaged  in  carry, 
ing  into  effect  the  articles  of  capi. 
tulation  of  Silistria,  till  the  7th  of 
July,  when  with  his  advanced  guard 
he  commenced  his  march  from 


RUSSIA  AND  TURKEY. 


$83 


Silistna,  and  directed  his  columns 
partly  upon  Kozloudgi,  and  princi- 
pally upon  Shumla.      The  grand 
Vizier  was  expecting  that  after  the 
fall  of  Silistria,  the  whole  Russian 
army  would  be  detained  by   the 
siege  of  Shumla ;  and  under  that 
impression  had  called  in  12  regi- 
ments of  troops,  regular   and  ir- 
regular, and  had  thereby  weaken- 
ed his  line  of  defence,  on  the  bor- 
ders of  the  Black  sea,  and  at  the 
passes  of  the  Balkan — dispositions 
altogether  favourable  to  the  plan 
of  the   Russian  commander.     To 
confirm  him  in  his  error,  he  made 
his  arrangements,  so  as  to  avoid  all 
appearance  of  change  in  his  own 
camp  ;  and  when,  on  the  15th    of 
July  the  first  detachment  of  Gene- 
ral Krassovsky's  corps  appeared, 
he    posted   them  in  the  positions 
occupied  till  then  by  the  troops  of 
General  Roth,  who  were  ordered  to 
march  by  Yenibazar  upon  Devno. 
In  like  manner,  when  the   last  di- 
vision of  General  Krassovsky  came 
up  on  the  15th,  they  took  the  place 
of  General  Rudiger  :   these  move- 
ments always  taking  place  at  night 
after  the   evening    gun,   and  the 
arriving  detachments  immediately 
occupying  the  posts  of  those  that 
departed.     General  Diebitch  him- 
self, therefore,  left  his  camp  before 
Shumla  only  on  the  17th  of  July, 
his  plan  being  to  effect  the  passage 
of  the  Kamtchik  in  two  columns, 
with   a  corps    of   reserve   under 
Count  Pahlen,,  leaving  the  troops  of 


General  Krassovsky  in  observation 
before  Shumla,  not  to  advance  be* 
yond  the  position  of  Yenibazar, 
supported  by  the  fortified  towns  of 
Pravody  and  Bazardjik.  He  took 
with  him  the  corps  of  Generals 
Count  Pahlen  and  Krassovsky,  and 
after  a  march  of  35  miles,  arrived 
on  the  18th  with  the  first  at  Devno, 
leaving  General  Krassovsky,  with 
23  battalions,  40  squadrons,  10 
companies  of  artillery,  and  4  regi- 
ments of  Cossacks,  near  Yeni- 
bazar. 

The  Grand  Vizier,  on  perceiv- 
ing that  the  camp  of  General  Die- 
bitch  before  Shumla  was  broken  up, 
sent  at  daybreak  of  the  18th  a 
corps  of  one  thousand  horse,  rather 
to  reconnoitre  the  direction  which 
the  Russian  army  were  taking, 
than  to  attack  them.  Their  rear 
guard,  commanded  by  Lieutenant 
General  Prince  Madatoff,  halted 
about  two  miles  in  front  of  Yeniba- 
zar, and  the  corps  of  General 
Krassovsky  took  a  very  advanta- 
geous position  beyond  that  village. 
General  Diebitch  suspended  his 
march  with  the  corps  of  Coun 
Pahlen  beyond  Taouschan  Kos- 
loudji  till  five  in  the  afternoon,  to 
sustain  General  Krassovsky  if  it 
should  be  necessary,  and  then  pro- 
ceeded to  Devno. 

In  the  mean  time,  the  corps  of 
Generals  Roth  and  Rudiger  con- 
tinued their  march  upon  the 
Kamtchik,  though  retarded  by  the 
difficulties  of  the  roads,  increased 


384 


ANNUAL  REGISTER,  1827^8-9. 


by  several  successive  days  of  rain, 
so  that  General  Rudiger  only 
reached  Tchalymaly  on  the  17th 
at  6  o'clock  in  the  evening  ;  and  it 
was  the  morning  of  the  18th  when 
General  Roth  reached  the  Kamt- 
chik,  opposite  the  village  of  Der- 
visch  Djevan«. 

On  the  19th  General  Rudiger 
threw  a  bridge  over  the  river  at 
Tchalymaly,  under  the  protection 
of  his  artillery  ;  dislodged  the 
Turks  on  the  southern  shore,  and 
marched  upon  the  village  of  Koup- 
rikioi,  where  the  principal  Turkish 
force  was  stationed,  intercepting 
the  high  road  to  Aidos.  The  pas- 
sage at  that  place  was  wholly  unex- 
pected by  the  Turks :  General 
Rudiger,  to  cover  it,  having  ordered 
Major  General  Siroff  to  bear  with 
two  regiments  directly  upon  the 
point  of  the  river  opposite  to 
Kouprikioi,  and  General  Koupri- 
anoff,  with  a  brigade  of  chasseurs 
from  the  garrison  of  Pravody,  and 
a  regiment  of  Cossacks,  to  make 
a  reconnoisance  along  the  left 
bank  of  the  Kamtchik  by  Komarevo 
and  Tcharnowrla.  Three  thou- 
sand men  under  the  command  of 
Youssouf  Pasha  were  stationed  in 
intrenchments,  covered  by  a  re- 
doubt, and  were  so  unprepared  for 
defence,  that  they  were  driven 
from  them  by  a  charge  with  the 
bayonet,  without  loss  to  the  Rus- 
sians of  a  single  man  killed  or 
wounded,  except  in  the  pursuit. 
This  was  over  grounds  very  much 


cut  up.  In  this  pursuit,  by  a  vigd- 
rous  charge  of  a  division  of  chas- 
seurs, 4  field  pieces  were  taken. 
The  whole  Turkish  camp  and  three 
pair  of  colours  fell  into  the  hands 
of  the  Russians  near  Kouprikioi. 

Hearing  a  distant  cannonade  up- 
on the  Kamtchik  below  his  posi- 
tion,- General  Rudiger  moved  in 
that  direction,  to  effect  his  junction 
with  General  Roth,  leaving  three 
regiments  in  the  redoubts  taken 
near  Kouprikioi.  General  Roth, 
upon  reaching  the  Kamtchik  oppo- 
site to  Dervisch  Djevane  on  the  1 8th>, 
had  encountered  great  opposition 
from  the  Turks.  The  passage  was 
defended  by  well  constructed  en. 
trenchments,  armed  with  twelve 
field  pieces,  and  garnished  with  a 
numerous  corps  of  infantry  and 
cavalry.  To  avoid  a  useless  waste 
of  men,  he  posted  two  brigades  of 
chasseurs  under  cover,  protected 
by  a  battery  of  sixteen  pieces,  and 
kept  up  a  fire  of  artillery  and  mus- 
ketry across  the  river ;  secretly 
sending  Major  General  VeliaminofF, 
with  one  division  and  part  of  an- 
other, to  the  right  towards  the  vil- 
lage  of  Dulgherd.  The  road  to 
Dulgherd  was  nearly  impractica- 
ble, and  the  point  fixed  for  the  pas- 
sage of  the  river,  was  reached  with 
great  difficulty;  three  bridges 
across  the  river  were  nevertheless 
prepared,  under  the  incessant  fire 
from  the  Turkish  intrenchments, 
by  ten  o'clock  that  evening ;  and  o» 
the  night,  a  fourth  was  thrown  over 


RUSSIA  AND  TURKEY. 


385 


another  arm  of  the  Kamtchik.  At 
daybreak  of  the  19th,  the  passage 
was  effected.  The  Turkish  camp 
was  immediately  assailed,  and  ta. 
ken  with  six  cannon.  The  Turks 
took  to  flight,  and  escaped  into  the 
woods,  and  on  the  road  to  Bouyouk 
Tchiflik,  abandoning  their  arms 
and  baggage.  The  Turkish  com- 
mander of  the  post,  Ibrahim  Pasha, 
Avas  killed. 

The  whole  corps  of  General 
Roth  now  marched  down  the  south 
shore  of  the  Kamtchik,  upon  the 
village  of  Dervish  Djevana.  They 
had  to  make  their  way  through  thick 
underbrush  of  a  forest,  over  marshy 
and  swampy  grounds,  by  labours  in 
which  the  officers  bore  their  part. 
They  passed  several  fords  with  the 
water  up  to  the  breast,  and  were 
attacked  by  some  hundreds  of 
Turkish  horsemen,  whom  they  re- 
pelled under  the  fire  of  grape-shot 
from  their  intrenchments.  Gene- 
ral Roth  then,  with  eight  pieces  of 
light  artillery,  and  eight  of  horse 
artillery,  posted  a  battery  against 
the  intrenched  corps  of  the  Turks, 
which  he  at  the  same  time  assailed 
in  front  and  flank,  with  infantry  and 
cavalry.  Major  General  Froloff, 
who  had  been  left  on  the  northern 
bank  of  the  river,  now  passed  it, 
by  fording,  with  a  corps  of  chas. 
seurs  and  of  Cossacks,  holding  their 
cartouch  boxes  over  their  heads, 
and  rushed  with  pointed  bayonets 
upon  the  enemy,  who,  after  a  dis- 
charge of  grape,  attempted  to  cari 

VOL.  III. 


ry  off  their  artillery,  but  were  so 
closely  pursued,  that  in  their  flight, 
they  had  five  field  pieces,  six  stand- 
ards,  all  their  camp,  200  prisoners, 
thirty-five  casks  of  powder,  and  a 
considerable  number  of  cannon 
balls,  taken  from  them.  The  Cos. 
sacks  of  General  Froloff  took  one 
piece  also,  upon  landing  on  the 
shore,  as  the  Turks  fell  back  upon 
Dervish  Djevana.  At  this  passage 
of  the  river,  General  Roth  ordered 
General  Zavodsky  to  march  upon 
the  village  of  Aspro,  to  cut  off  the 
retreat  of  the  Turks.  On  the  1 9th, 
at  noon,  General  Rudiger  arriving 
at  the  village  of  Bouyouk  Tchiflik, 
learnt  the  successful  passage  of  the 
river  by  General  Roth,  and  in  the 
hope  of  intercepting  some  of  the 
fugitive  Turks,  sent  a  regiment  of 
Cossacks,  directly  towards  Arna- 
outlar,  where  they  met  the  advan- 
ced guard  of  his  corps. 

On  the  21st  of  July,  the  corps  of 
General  Rudiger  was  at  Aivadjik, 
and  his  advanced  guard  at  Yer- 
ketch,  that  of  General  Roth,  was 
at  Yercli-dere,  and  his  advanced 
guard  at  Paliobana,  upon  the  sum- 
mit of  the  great  Balkan.  The 
corps  of  Count  Pahlen  advanced 
by  the  way  of  Aivadjik,  and  halted 
near  the  creek  of  Fondoukli-dere, 
to  which  the  head  quarters  of  the 
army  were  that  day  transferred. 

Meantime  the  corps  of  General 
Krassovsky  before  Shumla  re- 
mained unmolested :  on  the  19th, 
the  Grand  Vizier,  with  5000  men, 

49 


38.6 


ANNUAL  REGISTER,  182f-8-&. 


ef  cavalry,  appeared  on  the  heights 
on  the  south  side  of  the  small  river 
Yerekli,  fronting  the  advanced 
guard  of  Lieutenant  General  Prince 
Madatoff,  but  without  attacking 
him.  After  remaining  some  time  in 
observation  at  that  point,  he  return- 
ed to  Shumla,  leaving  his  advanced 
posts  on  the  right  bank  of  the  river. 

On  the  22d  of  July,  the  general 
head  quarters  of  the  army  were  re- 
moved to  the  village  of  Erketch  on 
the  summit  of  the  Balkan.  The 
astonishment  of  the  Russians  was, 
at  the  facility  with  which  they 
reached  the  top  of  the  mountain ; 
and  when  they  came  to  it,  and  from 
the  mountain-top,  beheld  the  gulf 
of  Bourgas  open  to  their  view,  the 
moment  was  signalized  by  a  spon- 
taneous universal  shout  of  joy* 

On  the  same  day,  General  Roth, 
with  his  corps,  proceeded  on  their 
march  to  M ezembri,  and  were  met 
about  noon,  on  the  northern  side  of 
the  river  of  Jujiakioi,  by  seven  thou- 
sand men,  infantry  and  cavalry, 
with  seven  field  pieces,  command- 
ed by  the  three-tailed  Pasha  Ab- 
dourrahman.  They  were  easily  put 
to  flight  by  a  charge  of  hulans, 
and  fire  from  the  Russian  artillery, 
and  were  pursued  for  a  distance  of 
seven  or  eight  miles.  Major  Ge- 
neral Wachten  was  sent  with  a  bat- 
talion of  chasseurs,  a  brigade  of 
hulans,  and  four  pieces  of  horse 
artillery,  against  the  fortified  camp 
of  the  Turks,  at  a  cape  between 
Mezembri  and  Rovda,  which  sur. 


rendered  at  discretion,  after  a  few 
discharges  of  artillery  and  musket- 
ry. General  Roth,  at  the  same 
time,  moved  with  his  main  force 
upon  Mezembri,  which,  on  the  23d, 
they  occupied.  Fifteen  pieces  of 
cannon,  ten  standards,  powder,  and 
warlike  stores  in  quantities,  were 
surrendered,  together  with  Osman 
Pasha,  commander  of  the  place, 
one  hundred  officers,  and  a  garri- 
son of  more  than  two  thousand  men. 
Four  field  pieces,  abandoned  by 
the  Turks,  were  taken  without  the 
walls.  Eight  hundred  prisoners, 
nine  standards,  eight  field  pieces, 
and  a  corvette  of  twenty-six  guns, 
had  been  taken  the  day  before,  in  the 
pursuit.  In  the  Russian  report,  it 
may  be  hoped  that  the  slaughter  of 
1,500  Turks  is  overcharged ;  or  the 
acknowledged  loss  of  only  ten  men 
killed  on  their  own  side,  is  under- 
rated. 

The  advanced  guard  of  General 
Rudiger,  commanded  by  Major 
General  Siroff,  met  on  the  22nd. 
upon  its  march  from  the  village  of 
Erketch  to  the  southern  pass  of  the 
Balkan,  a  corps  of  more  than  2,000 
men  whom  they  drove  before  them 
on  the  road  to  Bourgas  eight  miles, 
and  beyond  the  village  of  Kopa- 
rane.  With  a  loss  of  6  men,  they 
took  2  standards,  and  12  officers 
with  121  soldiers,  prisoners.  The 
corps  of  General  Rudiger  arrived 
on  the  22nd  of  July  at  the  village 
of  Alakania,  where  they  found  a 
<;amp  of  3000  men,  abandoned  at 


RUSSIA  AND  TURKEY. 


their  approach ;  and  where  2  pieces 
of  cannon,  and  considerable  stores 
of  ammunition,  had  been  left  behind. 

Arriving  on  the  shores  of  the 
Euxiue,  the  progress  of  the  army 
was  aided  by  the  co-operation  of 
the  fleet  of  Admiral  Greig.  On  the 
19th  of  July  he  sailed  from  Sizo- 
poli,  with  three  ships  of  the  line, 
three  frigates,  one  brig,  two  gun 
boats  and  a  steamer,  and  anchored 
the  next  day  before  the  city  of  Me- 
zembri.  A  calm  which  lasted  two 
days,  and  a  heavy  gale  of  wind  on 
the  21st  and  22d,  did  not  admit  of 
bis  blockading  the  city.  In  the 
night  of  the  22d,  the  storm  having 
abated,  the  fire  from  the  ships  was 
brought  to  bear  upon  the  place,  and 
blew  up  the  powder  house  of  the 
fortress. 

After  the  occupation  of  Mezem. 
bii,  General  Roth  sent  Major  Ge- 
neral Nabel  with  a  regiment  of  hu- 
lans  to  take  possession  of  Akhiola, 
which,  with  the  aid  of  a  number  of 
men  landed  from  the  vessels  in  ob- 
servation before  the  place,  was 
effected.  14  pieces  of  cannon,  1 
mortar,  3  powder  magazines,  and 
stores  of  salt,  were  found  at  Ak- 
hiola. 

On  the  24th  of  July,  General 
Rudiger  took  a  position  upon  the 
heights  between  the  villages  of 
Eski-Baschi  and  of  Kodjemar,  on 
the  lower  road  to  Roumilikioi.  He 
advanced  upon  that  place  on  re- 
ceiving advice  from  Major  General 
Siroff,  that  he  had  met,  on  the 


mountains  near  Aidos,  a  Turkish 
corps  of  1,000  men,  infantry  and 
cavalry,  under  the  com 'and  of 
Ibrahim  Pasha,  reinforced  with  300 
horseman  from  Shumla.  On  the 
25th,  General  Rudiger,  occupying 
with  6  battalions,  8  squadrons  of 
hulans,  and  20  pieces  of  cannon,  a 
position  within  3  miles  of  Aidos, 
was  attacked  by  the  Turkish  ca- 
valry  of  superior  force,  who,  after  a 
sharp  action  of  three  hours,  were 
put  to  flight,  and  the  Russian  troops 
took  possession  of  Aidos.  Four  field 
pieces,  4  standards,  7  officers,  and 
220  men,  were  taken  at  A'idos :  the 
Turkish  loss  in  killed  is  stated  at 
near  1,000.  Five  hundred  barrels  of 
powder  and  600  tents  were  found 
in  the  city,  A  loss  of  less  than  100 
men  killed  and  wounded,  including 
officers,  is  acknowledged. 

The  Turks  made  a  sortie  from 
Bourgas  on  the  24th  against  the 
advanced  guard  of  General  Roth, 
commanded  by  General  Nabel  ; 
but  they  were  driven  back,  and 
Bourgas  itself  was  occupied  by  the 
Russians.  The  head  quarters  of 
the  army  were  at  the  village  of 
Jujiakioi.  On  the  25th,  General 
Roth  with  his  corps  advanced  to 
Roumilikioi,  where  he  was  joined 
by  the  brigade  of  General  Nabel 
from  Bourgas  ;  the  general  head 
quarters  were  at  Eski-BaschJ. 
Count  Pahlen  with  his  troops  left 
that  village  on  the  25th,  and  arri- 
ved at  Roumilikioi  on  the  26th,  up. 
on  which  day  the  head  quarters  of 


186 


ANNUAL  REGISTER,  1827-8-9. 


General  Diebitch  were  at  A'idos. 
On  the  27th  of  July,  the  advan- 
ced  guard  of  General  Rudiger  took 
possession  of  the  town  of  Karnabat. 
The  next  day,  that  officer  proceeded 
thither  with  his  whole  .corps  from 
A'idos.  On  the  3Qth  Count  Pahlen 
with  his  corps  left  his  camp  near 
Roumilikioi,  and  arrived  the  next 
night  at  Karabounar. 

On  the  30th,  Major  General  She- 
remeteff,  with  a  brigade  of  hulans, 
four  pieces  of  horse  artillery,  and  a 
company  of  Cossacks,  went  from 
Kaynabatj  to  make  a  reconnoisance 
towards  Yambol ;  and  on  the  31st 
was  attacked  by  a  Turkish  corps 
of  15,000  men,  infantry  and  caval- 
ry, commanded  by  Halil  Pasha. 
The  attack  was  repelled,  and  two 
squadrons  of  the  Russian  cavalry, 
forcing  their  way  into  the  city, 
burnt  the  Turkish  camp.  But  Ge- 
neral Sheremeteff  not  being  in 
force  to  risk  a  pitched  battle  with 
so  large  a  force,  returned  on  the 
6th  of  August  to  Karnabat,  leaving 
100  Cossacks  to  observe  the  ene- 
my and  the  city  of  Yambol :  and 
Halil  Pasha,  justly  concluding  that 
General  Sheremeteff's  corps  was 
but  the  advanced  guard  of  the  Rus- 
sian army,  evacuated  Yambol  on 
the  night  of  the  31st,  and  the  city 
was  occupied  by  the  Cossacks  left 
to  observe  it. 

In  the  mean  time,  General  Kras- 
sovsky  had,  on  the  26th,  left  Yeni- 
bazar,  for  a  nearer  observation  of 
Shumla  ;  and  returned  on  the  27th, 


after  some  skirmishing  with  a  corps 
of  ten  thousand  men  from  the 
place,  which  had  taken  a  position 
on  the  right  bank  of  the  Straji. 

We  pass  over  the  successive  oc- 
cupation  of  sundry  villages  from 
day  to  day,  till  the  last  effort  of 
resistance  on  the  part  of  the  Turks, 
before  the  Russian  army  reached 
Adrianople.  This  was  on  the  12th 
of  August,  at  Slivno,  or  Selimno, 
said  to  be  the  second  city  of  the 
Ottoman  empire  after  Adrianople. 
To  this  place  Halil  Pasha  with 
part  of  his  troops  had  retreated 
from  Yambol.  Before  making  his 
decisive  movement  upon  Slivno, 
General  Diebitch  thought  it  expe- 
dient to  secure  his  direct  commu- 
nications with  General  Krassovs- 
ky,  and  to  straiten  the  Grand  Vizier 
as  much  as  possible  in  Shumla. 
For  this  purpose  the  defiles  o£ 
Tchelikavak  and  of  Tchengh6  were 
occupied  by  detachments  from  Die- 
bitch's  army,  while  General  Kras- 
sovsky  was  ordered  to  make  a  gene- 
ral movement  upon  Shumla  by  the 
way  of  Marasch.  In  executing 
this  order,  on  the  6th  of  August 
General  Krassovsky  sent  beyond 
Eski-Stamboul  an  advanced  guard, 
commanded  by  Major  General 
Prince  Gortchakoff,  with  five  bat- 
talions  of  infantry,  and  two  regi- 
ments  of  hussars,  with  their  artil- 
lery.  This  corps  was  attacked  by 
the  Grand  Vizier  with  a  consider, 
able  body  o/  troops,  a  small  part  of 
which  only  was  enabled  to  return 


RUSSIA  AND  TURKEY. 


389 


to  Shumla ;  the  rest  having  been 
driven  back  into  the  mountains  be- 
tween the  intrenchments  of  Mat- 
chin  and  of  Troussy,  in  which  they 
finally  took  refuge.  In  this  affair, 
the  Turks  are  said  to  have  lost 
500  men  and  50  prisoners.  Two 
men  killed,  two  officers  and  18 
men  wounded,  are  all  the  loss  ac- 
knowledged by  the  Russian'  re- 
port. 

The  reconnoitering  parties  sent 
from  Karnabat  and  Yambol  to. 
wards  Slivno  reported  that  the 
Turks  were  assembling  in  great 
force  on  that  point,  where  they 
were  throwing  up  intrenchments, 
and  where  the  Grand  Vizier  was 
expected  with  all  his  forces  from 
Shumla.  This  information  was 
confirmed  by  advices  from  other 
quarters,  and  General  Diebitch 
concentrated  at  the  village  of  Dra- 
godanovo,  about  twelve  miles  from 
Slivno,  his  troops  from  Aidos,  Kar- 
nabat and  Karabounar,  with  two 
brigades  of  hulans  and  one  of  hus- 
sars, which  he  drew  by  forced 
marches  from  the  corps  of  General 
Krassovsky,  and  with  a  brigade  of 
infantry,  which  had  landed  from 
Sevastopol  at  Sizopoli,  and  with 
his  reserves.  Major  General  She- 
remeteff  was  left  at  Yambol,  to 
send  out  parties  of  observation, 
upon  the  roads  to  Adrianople  and 
to  Slivno,  towards  which  he  was  to 
advance  on  the  day  of  the  attack 
to  take  part  in  the  action.  To  give 
the  Grand  Vizier  the  opportunity 


of  joining  the  troops  who  expected 
him  at  Slivno,  General  Diebitch 
gave  his  own  a  day  of  repose,  the 
llth,  at  Dragodanovo.  Some 
prisoners  taken  by  foraging  parties 
of  Cossacks  unanimously  declared, 
that  the  Grand  Vizier  was  hourly 
expected  at  Slivno,  and  that  his 
son  Hussein  had  already  arrived 
there,  with  the  Albanians  forming 
his  advanced  guard.  The  Turkish 
force  at  Slivno  consisted  of  thirteen 
regiments  of  regular  infantry,  three 
of  regular  cavalry,  and  four  or  five 
thousand  men  of  irregular  troops, 
with  artillery,  all  commanded  by 
the  Seraskier  Halil  and  two  other 
Pashas. 

Slivno  is  situated  in  a  valley 
surrounded  by  rocky  hills,  covered 
with  thorny  shrubbery,  and  forming 
the  last  declivities  of  the  Balkan. 
The  roads  to  it  from  the  mountains 
are,  1st.  That  of  Kasan  issuing 
from  the  Balkan,  three  miles  from 
Slivno,  and  joining  that  from  Kar- 
nabat :  this  leads  to  the  city  by  an 
open  valley.  3d.  That  of  Yambol, 
also  through  a  flat  and  open  coun- 
try. 3rd.  That  of  Yenissaar,  which 
falls  into  the  preceding,  within  two 
thirds  of  a  mile  from  Slivno.  4th. 
A  mountainous  by-path  leading  to 
Kassaulyk  ;  and  5th.  A  similar  by- 
path  leading  to  the  rivulet  of  Sta- 
roreka.  The  city,  which  is  of 
considerable  extent,  was  defended 
by  intrenchments  on  the  side  of 
Yambol,  where  the  Turks  expected 
the  principal  attack 


390 


ANNUAL  REGISTER,  1827-8-9. 


General  Diebitch  made  his  dis- 
positions with  a  view  to  cut  off  the 
retreat  of  the  enemy,  by  any  of 
the  roads  upon  which  his  artillery 
could  be  drawn.  Consequently,  in 
the  night  of  the  llth,  one  corps 
drew  by  a  night  march,  with  ca- 
valry and  infantry,  within  six  miles 
of  the  city,  upon  theKarnabat  road. 
The  detachment  of  General  Shere- 
meteff  from  Yambol,  approached 
on  the  same  night,  also  within  the 
same  distance  ;  and  at  daybreak 
the  next  morning  took  possession 
of  the  road  to  Yenissaar. 

At  six  in  the  morning  of  the  12th, 
the  corps  of  General  Rudiger  ap- 
proached the  forks  of  the  Kasaw 
and  Karnabat  roads,  and  sent  a  re- 
giment of  Cossacks,  to  occupy  the 
first,  while  another  regiment  was 
despatched  on  the  same  road  to 
take  a  strong  position  upon  the 
mountain,  to  guard  the  flank  of  the 
army  from  any  possible  approach 
of  the  enemy  from  the  side  of 
Kasaw.  The  approach  to  the  city 
on  that  side,  was  cut  up  by  vine- 
yards, gardens,  and  copses,  which 
induced  General  Diebitch,  by  a 
movement  of  his  cavalry  in  flank, 
at  the  left,  to  approach  the  road 
from  Yambol,  in  which  direction 
the  principal  part  of  the  Turkish 
cavalry  and  regular  infantry  had 
been  stationed,  the  only  fortifi- 
cations of  the  city  being  on  that 
side.  The  mass  of  the  Russian 
infantry  was  marched  round  the 
skirts  of  the  mountains,  and  by  the 


road  to  Kasaw,  in  order  to  take 
the  intrenchments  in  the  rear,  and 
compel  their  surrender  without 
fighting,  as  soon  as  the  city  should 
be  occupied. 

The  resistance  of  the  Turks  was 
too  feeble,  to  permit  this  affair  to  be 
called  by  the  name  of  a  battle. 
General  Diebitch  says,  that  the  ac- 
tion was  not  more  than  three  hours 
long,  and  on  the  part  of  the  Turks, 
was  reduced  to  a  few  discharges 
of  artillery,  and  an  unimportant 
fire  of  musketry.  They  abandon- 
ed the  city.  They  fled  from  their 
intrenchments,  and  took  to  the  de- 
files of  the  mountains  for  refuge. 
The  greater  part  of  them  fled  by 
the  paths  of  Kasaulyk,  and  of  the 
Staroreka,  and  were  pursued  by 
the  Russian  infantry  and  Cossacks, 
till  six  in  the  evening.  Their  ar- 
tillery, consisting  of  nine  pieces  of 
cannon,  with  their  powder  wagons, 
six  standards,  and  three  hundred 
prisoners,  were  taken,  with  quan- 
tities of  warlike  stores  and  provi- 
sions. The  Russian  loss  is  stated 
at  not  more  than  sixty  men  killed 
and  wounded. 

The  city  of  Slivno  was  inhabited 
principally  by  Christians,  and  at 
the  entry  of  the  Russian  army,  the 
numerous  clergy  went  forth  with 
the  cross  and  holy  water  to  meet 
them.  The  town,  though  taken 
by  assault,  was  exposed  to  no  vio- 
lence, and  the  Russian  troops 
quietly  took  up  their  quarters,  as  if 
in  a  city  of  their  own  country. 


RUSSIA  AND  TURKEY. 


From  this  time,  the  march  of 
General  Diebitch  and  his  army  was 
scarcely  retarded  by  the  appear- 
ance of  an  enemy,  till  they  reached 
Adrianople.  One  day  of  repose 
was  allowed  them  at  Yambol.  On 
the  16th  of  August,  the  advanced 
corps  by  forced  marches  reached 
Hassan  Beili,  upon  the  Tundja. 
The  head  quarters  of  the  Count 
were  at  Papaakioi,  and  the  next 
day  at  Bouyouk-Derbent  or  Bujuk- 
Dervent.  On  the  18th,  the  advan- 
ced guard  of  Major  General  Siroff, 
by  a  march  of  thirty-five  miles, 
reached  Khanli-Enedji,  whence  he 
sent  forward  two  hundred  Cossacks, 
to  the  village  of  Amantkioi,  only 
three  miles  distant  from  Adrianople. 
The  difficulties  encountered  in  this 
march  were,  the  excessive  heat  of 
the  weather,  the  rocky  nature  of  the 
soil,  and  the  bad  state  of  the  roads ; 
worse  even  than  those  of  the  Bal- 
kan mountains.  The  only  Turks 
that  showed  themselves,  were  a 
party  of  seven  hundred  horsemen, 
who  were  put  to  flight,  and  pursued 
three  or  four  miles  by  the  Cos- 
sacks, with  loss  of  a  standard  and 
forty-four  prisoners. 

On  the  19th,  the  army  approach- 
ed by  the  roads  of  Khanli-Enedji, 
and  of  Akbounar,  to  Adrianople. 
Divided  into  three  corps,  they  were 
formed  into  three  lines.  The  first 
below  Eski-Sarai ;  the  second,  up- 
on a  height  commanding  all  the 
plain  to  Adrianople,  at  the  foot  of 
which,  was  the  high  road  from 


Bouyouk-Derbent  to  the  city.  The 
head  quarters  of  General  Diebitch, 
were  at  the  third.  The  three  corps 
all  had  the  Tundja  at  their  right. 
General  Siroff '«  Cossacks,  took  post 
on  the  heights,  surrounding  the 
city,  and  patrols  were  pushed  on 
as  far  as  the  road  to  Constantinople. 

After  making  a  general  recon- 
noisanceofthe  ground  upon  which 
defensive  batteries  had  been  erect- 
ed,  and  resistance  was  threatened, 
General  Diebitch  gave  directions 
for  the  general  movement  of  the 
army,  at  daybreak  the  next  morn- 
ing. 

The  population  of  Adrianople 
was  of  about  80,000  souls;  one 
half  of  Mussulman,  ten  or  fifteen 
thousand  of  whom  were  well  arm- 
ed. The  Turkish  troops  charged 
with  the  defence  of  the  place,  con- 
sisted of  ten  thousand  infantry,  one 
thousand  cavalry,  and  two  thousand 
militia,  levied  in  the  neighbourhood 
of  the  city.  The  country  round, 
was  cut  up  with  deep  ravines,  and 
covered  with  sloping  vineyards, 
with  embankments  and  ditches. 
The  position  therefore  was  well 
suited  for  an  obstinate  defence. 
The  points  selected  by  the  Turks 
for  their  batteries  were  well  chosen, 
but  some  of  them  were  neither 
finished  nor  armed,  and  hi  fact  re- 
sistance was  not  intended.  The 
Turkish  commanders  did  not  even 
attempt,  to  make  good  their  re- 
treat upon  Constantinople,  although 
there  were  three  modes  open  ts 


ANNUAL  REGISTER,  1827-8-9. 


them  for  that  purpose.    Three  cen- 
turies of  security  had  bred  a  con- 
fidence, that  Adrianople  could  never 
be  assailed ;  and  the  approach  of 
the  Russians  by  marches  of  twenty, 
five  to  thirty  miles  a  day  at  that 
season,  was  as  unforeseen,  as  that 
they  would  cross  the  Balkan,  leav. 
ing  Shumla,  and  half  the  fortified 
line  of  the  -Danube,  behind  them. 
On  returning  from  his  reconnoi- 
sance,  General  Diebitch  found  flags 
of  truce  from  the  Pashas  Ibrahim 
and  Halil,  from  the  Pasha  com- 
manding at  Adrianople,  Shefik  Ali 
Mehmed,  and  from  the  Ayans  or 
elders  of  the  city,  arriving  at  his 
advanced  posts  to  treat  for  the  sur- 
render of  the  city.     The  counsel- 
lor of  state,  Fouton,  was  sent  to  con- 
fer with  them,  and  to  require  that 
the  Turkish  troops  should  lay  down 
their  arms,  deliver  up  their  artille- 
ry, their  standards,  their  warlike 
Stores  and  provisions,  and  general- 
ly, all  property  of  the  Turkish  go- 
ternment ;  on  which  condition,  the 
Pashas   were   to  be  permitted   to 
withdraw  with  their  troops,  not  to- 
wards Constantinople,  but  towards 
Philippopoli  or  Demotika.    All  the 
irregular  troops    and    inhabitants 
were,  in  like  manner,  to  deliver  up 
their   arms,  and  continue  to  live 
peaceably  at  Adrianople,  according 
to  their  own  laws  and  administra- 
tion  of  justice.      Fourteen   hours 
were  allowed,  for  the  acceptance 
of  these  propositions,   and  notice 
was  given  by  Counsellor  Fouton, 


that  if  the  capitulation  should  not 
be  signed  upon  these  terms,  by  the 
military  chiefs  and  the  civil  au- 
thorities of  the  city,  a  general  as- 
sault  would  immediately  follow. 

At  five  in  the  morning  of  the  20th 
of  August,  the  Russian  troops 
marched  in  two  columns,  the  first 
commanded  by  General  Count  Die- 
bitch  in  person,  the  second  by  the 
chief  of  his  staff,  the  aid-de-camp 
General  Count  Toll,  according  to 
the  previous  dispositions  of  the 
commander-in-chief.  This  move- 
ment being  perceived  by  the  Turks 
in  their  position  upon  the  heights, 
produced  among  them  such  con- 
sternation, that  without  waiting  for 
the  limited  hour,  they  sent,  as  early 
as  seven  o'clock,  flags  of  truce  to 
ask  some  relaxation  of  the  prescri- 
bed conditions.  This  was  refused, 
and  as  the  Russian  troops  continued 
to  advance,  the  inhabitants  came 
forward  in  crowds  to  meet  them  as 
deliverers,  while  the  Turkish  troops 
threw  down  their  arms,  deserted 
their  batteries,  and  abandoned  their 
camp,  even  before  the  capitulation 
was  signed.  Thus  the  Russians 
successively  occupied  the  Turkish 
batteries,  and  even  their  principal 
barracks,  where  the  regular  troops 
had  deposited  almost  all  their  arms  ; 
and  the  soldiers  evacuated  the  city, 
passing*  thus  disarmed,  before  the 
Russian  ranks.  The  Russian  ca- 
valry  occupied  the  road  to  Constan- 
tinople, and  cut  off  the  retreat  by 
that  way,  so  that  the  detachment 


RUSSIA  AND  TURKEY. 


393 


attempted  to  pass  it,  being 
without  arms,  were,  without  oppo- 
sition, turned  off  the  road  to  Demo- 
t&a.  Count  Pahlen  took  his  posi- 
tion  at  the  gate  of  Constantinople, 
so  called;  General  Roth,  on  the 
road  to  Kirk.Kiiissia,  and  General 
Rudiger  near  the  Zundja,  where 
his  corps  occupied  the  five  bar- 
racks  built  by  Sultan  Mahmoud  for 
a  garrison  of  ten  thousand  men. 
General  Diebitch  established  his 
head  quarters  at  the  Sultan's  palace, 
oalled  Eski  Sarai,  outside  of  the 
city. 

The  occupation  of  Adrianople 
was  the  signal  for  a  negotiation, 
which  shortly  afterwards  termina- 
ted in  a  treaty  of  peace.  On  the 
38th  of  August,  the  Defterdar  Meh- 
met-Sadi.Effendi,  and  Aboul-Ka- 
dir-Bey,  honorary  Kaji-Asker  of 
Anatolia,  arrived  at  the  Russian 
head  quarters,  with  full  powers  from 
the  Sultan  for  entering  upon,  and 
concluding  this  negotiation.  Be- 
fore proceeding  to  show  the  result, 
it  may  be  proper  to  notice  some 
military  operations  incidental  to  the 
movements  of  the  principal  army, 
and  particularly  the  most  consider- 
able manoeuvres,  for  co-operating 
with  the  land  forces  of  the  squadron 
upon  the  Black  sea,  under  the  com. 
mand  of  Admiral  Greig. 

On  the  day  of  the  surrender  of 
Adrianople,  Lieutenant  General 
Baron  Budburg  took  possession  of 
the  town  of  Kirk-Kilissia,  which 
was  at  the  same  time  evacuated  by 

Voi.  III. 


3000  men,  infantry  and  cavalry, 
commanded  by  Abdourrahman  Pa- 
sha and  Ibrahim  Pasha,  who,  with 
them,  took  a  position  about  a  mile 
from  the  city,  occupying  the  roads 
to  Lule-Bourgas  and  Adrianople. 
From  these  positions,  they  were 
driven  with  a  loss  of  eighty  men 
killed  and  wounded,  and  some  pri- 
soners, by  three  squadrons  of  hus. 
sars,  and  a  regiment  of  Cossacks 
took  possession  of  the  town  of  Lule- 
Bourgas. 

On  the  22d,  the  inhabitants  of 
Dcmotika  sent  to  General  Diebitch 
a  deputation,  offering  to  lay  down, 
their  arms  and  deliver  up  the  town, 
and  three  brass  field  pieces  which, 
were  there.  A  division  of  a  regi- 
ment of  hulans  was  accordingly 
sent,  and  occupied  the  place  with- 
out resistance. 

The  inhabitants  of  the  city  of 
Adrianople  enjoyed  perfect  tran. 
quillity ;  their  commerce  and  their 
ordinary  employments  were  never 
suspended  for  a  moment.  The  re- 
quisitions for  the  Russian  troops, 
were  addressed  to  the  Kaimakan 
Pasha,  the  Governor  of  the  city, 
and  were  immediately  satisfied,  by 
which  means,  all  causes  of  com- 
plaint on  either  side  were  removed. 

On  the  16th  of  May,  a  detach, 
ment  from  the  squadron  of  two 
ships  of  the  line,  three  frigates,  and 
a  brig,  destroyed  a  ship  of  the  line, 
just  launched,  and  a  new  transport, 
and  fifteen  other  vessels,  at  the  ship 
yard  of  Penderaclia,  covered  by 

5,0 


89.4 


ANNUAL  REGISTER,  1827-s-S. 


Cape  Baba.  Four  days  before, 
eight  small  vessels  had  been  de- 
stroyed by  the  same  detachment  at 
Chili. 

On  the  20th  of  May,  a  Turkish 
squadron  of  six  ships  of  the  line, 
two   frigates,   two   corvettes,   one 
brig,  and  three  sloops,  made  their 
appearance  upon  the  Black  sea, 
coming  from  the  Bosphorus.    Their 
object  was  to  intercept  this  detach- 
ment  from  the   fleet  of  Admiral 
Greig.    They  succeeded,  however, 
\n  capturing  one  frigate,  the  Ra. 
phae'l,   Captain  Stroinikoff,  which 
surrendered  without  firing  a  gun. 
The  honour  of  the  Russian  Navy, 
however,  if  sullied  by  this  incident, 
was  more  than  redeemed  by  the 
heroic  defence  of  the  Brig  Mer- 
cury, Captain  Kozarsky,  of  eigh- 
teen guns,  which  sustained  for  an 
hour  the  joint  attack  of  two  Turk- 
ish ships  of  the  line,  one  of  them, 
that  of  the  Capudin  Pasha  himself, 
and  finally  succeeded  in  escaping 
from   them.      Admiral  Greig   im- 
mediately  afterwards   put  to  sea, 
with  six  ships  of  the  line,  when  the 
Turkish  squadron  took  refuge  again 
in  the  Bosphorus,  and  was  heard 
of  no  more. 

After  the  passage  of  the  Balkan 
by  the  army,  the  town  of  Vassiliko 
was  taken  by  a  detachment  of 
troops,  together  with  about  one  hun- 
dred and  twenty  sailors  of  the  fleet, 
landed  from  one  frigate,  one  brig, 
and  a  steam  vessel,  although  the 


garrison  of  the  place  was  more 
numerous  than  the  assailing  party. 
The  occupation  of  this  place  was 
followed  by  that  of  Agatopoli,  on 
the  5th  of  August,  though  there  wa* 
a  garrison  of  two  thousand  men  for 
its  defence,  and  two  thousand  more 
were  expected  the  same  night  from 
Iniada. 

The  fortress  of  Iniada  itsalf, 
was  taken  on  the  1 9th  of  August,  by 
a  division  of  the  fleet,  consisting  of 
one  ship  of  the  line,  two  frigates, 
two  brigs,  and  three  bomb  vessels. 
The  garrison  of  two  thousand  men, 
made  an  obstinate  resistance  of 
two  hours ;  after  which,  they  aban- 
doned  the  fortifications  with  thirty 
pieces  of  cannon,  two  mortars, 
and  large  stores  of  ammunition. 
And  on  the  29th  of  August  the 
fortress  of  Midia  was  taken  by 
fifty  men,  landed  from  the  fleet, 
and  afterwards  supported  by  three 
companies  of  a  regiment  of  chas- 
seurs. 

Immediately  after  the  passage 
of  the  Balkan,  and  while  the  head 
quarters  of  General  Diebitch  were 
at  A'idos,  he  learnt  that  the  Ma- 
hometan inhabitants  of  several 
neighbouring  villages,  who,  on  the 
approach  of  the  Russian  army  had 
fled  into  the  mountains,  manifested 
the  wish  of  returning  with  their 
families  to  their  houses,  if  they 
could  hope  to  be  protected  in  liv. 
ing  there  peaceably.  The  Gene- 
ral, after  interviews  with  their  de- 


RUSSIA  AND  TURKEY. 


395 


puties,  iu  which  he  gave  every 
suitable  encouragement  to  these 
dispositions,  issued  safeguards  and 
written  protections  to  all  who  came 
in,  delivered  up  their  arms,  and  re- 
tired  to  their  own  dwellings.  The 
example  was  soon  followed  by  the 
inhabitants  of  other  villages,  in  the 
vicinity  of  Adrianople,  and  Gene- 
ral Diebitch  availed  himself  of  the 
occasion  to  issue,  on  the  31st  of 
July,  a  proclamation,  to  the  in. 
habitants  of  Roumelia,  containing 
the  following  dispositions  : 

1.  All  the  Mussulmen  inhabi- 
tants of  the  cities,  towns  and  vil- 
lages, are  advised  to  remain  peace- 
ably at  their  own  homes,  with  their 
wives,  and  children,  and  property, 
only  delivering  up  their  arms,  to 
be  deposited  in  a  place  of  safety  ; 
a  particular  account  of  them  to  be 
taken,  with  a  promise  that  they 
should  be  returned  after  the  peace. 

2^  They  are  to  enjoy  full  liberty 
in  their  religious  worship.  They 
are  to  preserve  their  mosques  and 
their  imams— to  perform  their  five 
daily  prayers  at  the  regular  hours, 
and  the  special  Friday  prayer,  in 
the  name  of  Sultan  Mahmoud,  their 
Sovereign  and  Caliph :  for  the 
mnssulman  inhabitants,  who  shall 
continue  to  reside  hi  the  country 
occupied  by  the  Russians,  are  not 
bound  to  become  Russian  subjects, 
but  remain  as  heretofore,  subjects 
of  the  Sultan. 

3.  The  authorities  of  the  cities, 
ayans,  cadis,  and  other  civil  officers. 


are  in  like  manner  invited  to  re- 
main at  their  respective  abodes, 
and  to  continue  in  the  performance 
of  their  duties.  No  Russian  au- 
thority shall  intermeddle  in  the 
concerns  of  the  Mussulmen,  among 
themselves. 

4.  The  inhabitants  of  the  coun- 
try shall  gather  and  store  up  their 
harvest  for  their  own  use  ;  and  the 
surplus  may  be  sold  by  them  to  the 
Russian  army,  for  ready  money,  at 
prices  which  shall  be  fixed. 

5.  The   Mussulman   authorities 
in  each  city,  shall  deliver  up  to  the 
authorities  of  the  Russian  army, 
all  property  belonging  to  the  Turk- 
ish government,  such  as  cannon, 
arms,  ammunition,  provisions,  &c.; 
which  being  effected,  all  private 
property  shall  be  inviolate. 

6.  In  the  cities,  towns  and  vil- 
lages, the   Russian  soldiers   shall 
not  be   quartered  in   any  of   the 
dwelling  houses  of  the'Mussulmen  ; 
and  none  of  these;  their  wives  of 
children,  shall  be  exposed  to  the 
slightest  insult  or  vexation  by  the 
troops. 

On  the  llth  of  August,  the  Enu 
peror  Nicholas  addressed  to  Gene- 
ral Count  Diebitch,  a  rescript,  in 
which,  after  recapitulating  the  se- 
ries of  his  victories,  from  that  of 
Koulevtcha,  over  the  Grand  Vi- 
zier's army,  till  the  occupation  of 
the  cities  of  Aides  and  Karnabat, 
he  concludes  thus  : 

"  Desirous  of  preserving  the  me- 
mory  of  these  brilliant  successes  of 


ANNUAL  REGISTER,  1827-a-jj. 


the  army  intrusted  to  your  com- 
mand,  and  worthily  to  reward  at 
the  same  time  your  signal  services, 
we  have,  by  an  ukaze  dated  this 
day,  addressed  to  the  directing 
senate,  conferred  on  you  and  your 
posterity,  the  surname  of  Zabal- 
kansky,  and  we  have  ordained  that 
the  regiment  of  Tcharnigoff  should 
henceforth  bear  the  name  of  the 
Regiment  of  Infantry  of  Count  Die- 
bitch  Zabalkansky." 

On  the  14th  of  September,  1829, 
the  treaty  of  peace,  in  1 6  articles, 
together  with  a  separate  act,  con- 
cerning  the  principalities  of  Mol- 
davia and  Wallachia,  was  signed 
by  the  Turkish  plenipotentiaries, 
and  by  General  Diebitch  Zabal- 
kansky, together  with  Count  Alexis 
Orloff  and  J.  Pahlen,  on  the  part 
of  Russia.  The  following  is  an  ab- 
stract of  the  stipulations  of  the 
treaty : 

Article  1.  Cessation  of  hostili- 
ties, and  the  restoration  of  peace 
and  amity. 

Article  2.  Restoration  by  Rus- 
sia of  the  principalities  of  Moldavia 
and  Wallachia ;  of  all  the  towns 
occupied  by  the  Russians,  in  Bul- 
garia and  Roumelia. 

Articles.  The Pruth, from  where 
it  touches  Moldavia  to  its  junction 
with  the  Danube,  to  continue  the 
boundary  line  between  the  two  em- 
pires ;  thence  the  line  to  follow  the 
course  of  the  Danube  to  the  mouth 
of  the  St.  George,  leaving  all  the 
islands  forming  the  different  anus 


of  the  river,  in  possession  of  Rus- 
sia; the  right  bank  remaining  as 
formerly  to  the  Ottoman  Porte.  ^It 
was  agreed,  however,  that  the  right 
bank  should  remain  uninhabited, 
from  the  point  where  the  arm  of 
the  St.  George  separates  from  that 
of  Soulina,  to  two  hours  distance 
from  the  river ;  and  that  no  estab- 
lishment of  any  kind  shall  be 
formed  there,  nor,  excepting  qua- 
rantines, upon  any  of  the  islands 
remaining  with  Russia.  Merchant 
vessels  of  both  parties  to  have 
free  navigation  upon  the  Danube 
through  all  its  course ;  those  of 
the  Ottoman  flag  to  have  free  en. 
trance  into  the  mouths  of  Kali  and 
Soulina,  that  of  St.  George  remain- 
ing free  to  the  ships  of  war  and 
merchant  vessels  of  both  parties — » 
Russian  ships  of  war  not  to  ascend 
the  Danube  beyond  its  junction 
with  the  Pruth. 

Article  4.  The  frontiers  between 
the  two  powers  in  Asia,  to  be  the 
line,  following  the  limit  of  the  Gou- 
riel  from  the  Black  sea,  ascending 
to  the  border  of  Imeritia ;  thence 
in  the  straightest  direction  to  the 
meeting  point  of  the  pashaliks  of 
Akhaltzik  and  of  Kars  with  Geor- 
gia, leaving  the  town  of  Akhaltzik 
and  the  fort  of  Khallnulick,  distant 
not  less  than  two  hours  to  the  north. 

All  the  countries  south  and  west 
of  the  line  of  demarkation  towards 
the  pashalicks  of  Kars  and  Trebi- 
sond,  with  the  major  part  of  tho 
pashalick  of  Akhaltzik,  to  remain 


RUSSIA  AND  TURKE5T. 


307 


to  the  Porte ;  those  to  the  north 
and  east  of  the  said  line  towards 
Georgia,  Imeritia  and  the  Gouriel, 
and  the  whole  shore  of  the  Black 
sea  from  the  mouth  of  the  Kulan  to 
the  port  of  St.  Nicholas  inclusive, 
to  belong  to  Russia.  The  remain- 
der of  the  pashalik  of  Akhaltzik, 
Kars,  Bajazet,  Erzeroum,  and  all 
the  places  occupied  by  the  Rus- 
sians out  of  the  above  line,  to  be 
restored  to  the  Porte. 

Article  5.  The  principalities  of 
Moldavia  and  Wallachia  to  enjoy 
their  privileges,  according  to  the 
capitulations  by  which  they  sub- 
mitted to  the  Porte,  as  guarantied 
by  former  treaties  and  Hatti  She- 
riffs. Free  exercise  of  their  reli- 
gion ;  perfect  security ;  a  national 
independent  administration,  and 
freedom  of  trade.  Supplementary 
provisions  embraced  in  the  sepa- 
rate act,  to  be  considered  as  form- 
ing part  of  the  treaty. 

Article  6.  The  Porte  undertakes 
the  immediate  execution  of  the 
separate  act,  relating  to  Servia, 
annexed  to  the  5th  article  of  the 
convention  of  Ackerman, — to  re- 
store immediately  the  six  districts 
detached  from  Servia.  The  firman, 
confirmed  by  the  Hatti  Sheriff, 
which  orders  the  execution  of  the 
above  clauses  to  be  communicated 
to  the  Imperial  Court  of  Russia, 
within  one  month  after  the  signa- 
ture of  the  treaty  of  peace. 

Article  7.  Russian  subjects  to 
enjoy  throughout  the  whole  Otto- 


man  empire,  by  land  and  sea,  free- 
dom  of  commerce,  as  secured  by 
former  treaties.  No  infringement 
of  this  freedom  of  commerce  to  be 
committed  by  any  prohibition,  re- 
striction, or  regulation.  Russian 
subjects  to  live  under  the  exclusive 
jurisdiction  and  police  of  the  minis- 
ters and  consuls  of  Russia.  Rus- 
sian vessels  not  to  be  subjected  to 
any  visit  on  board  by  the  Ottoman 
authorities,  neither  at  soa  nor  in 
port.  All  merchandise  and  com- 
modities belonging  to  a  Russian 
subject,  after  paying  the  custom- 
house  duties  required  by  the  tariff, 
to  be  freely  conveyed  and  deposited 
in  the  warehouses  of  the  proprietor 
or  his  consignee,  or  transferred  to 
the  vessels  of  any  other  nation, 
without  needing  notice  to  the  local 
authorities,  or  asking  their  permis. 
sion.  Free  transit  secured  to  all 
Russian  grain.  The  Sublime  Porte 
is  to  watch  carefully,  that  the  com- 
merce  and  navigation  of  the  Black 
sea  shall  be  free.  The  passage  of 
the  canal  of  Constantinople  and 
of  the  Dardanelles,  is  declared  to 
be  free  both  inwards  and  outwards, 
not  only  to  all  Russian  merchant 
vessels,  but  to  those  of  all  other  na- 
tions at  peace  with  the  Porte.  A 
subsequent  agreement  is  to  be 
made  between  the  parties,  to  pre- 
vent delay  in  the  delivery  of  clear- 
ances. The  Sublime  Porte,  ac- 
knowledging the  right  of  Russia,  to 
obtain  guaranties  of  this  full  liberty 
of  commerce  and  navigation  of  the 


398 


ANNUAL  REGISTER,  1827-8-9. 


Black  sea,  solemnly  declares  that 
she  will  never  throw  any  obstacle 
in  its  way,  and  promises  never  to 
permit  herself  to  detain  any  vessel, 
either  Russian  or  of  any  other  na- 
tion at  peace  with  the  Porte,  in  the 
passage  of  the  Bosphorus  or  of  the 
Dardanelles.  And  if  any  of  the 
stipulations  in  this  article  should  be 
infringed)  and  the  reclamation  of 
the  Russian  minister  should  not  ob- 
tain  full  and  prompt  satisfaction, 
the  Porte  recognises  the  right  of 
Russia  to  consider  such  infraction 
as  an  act  of  hostility,  and  imme- 
diately to  retaliate. 

Article  8.  The  Sublime  Porte 
stipulates  to  pay  one  million  five 
hundred  thousand  ducats  of  Hoi- 
land  to  the  court  of  Russia,  within 
eighteen  months,  by  way  of  indem- 
nity for  losses  of  Russian  subjects 
at  different  periods,  since  1806,  as 
well  those  provided  for  by  the 
6th  article  of  the  convention  of  Ac- 
kerman,  as  those  since  accrued  in 
consequence  of  measures  respect- 
ing the  navigation  of  the  Bospho. 
rus. 

Article  9.  Besides  the  cession 
of  the  small  portion  of  territory  in 
Asia,  stipulated  by  the  fourth  arti- 
cle, the  Sublime  Porte  engages  to 
pay  a  sum  of  money,  the  amount 
of  which  shall  be  regulated  by  mu- 
tual accord,  as  indemnity  for  the 
expenses  of  the  war. 

Article  10.  The  Sublime  Porte 
accedes,  not  only  to  the  treaty  of 
6th  July,  1827,  between  Russia, 


Great  Britain  and  France,  but  to 
the  protocol  of  the  22d  March, 
1829,  between  the  same  powers, 
relating  to  the  affairs  of  Greece. 
The  Sultan  promises  to  appoint 
plenipotentiaries,  immediately  after 
the  exchange  of  the  ratifications  of 
the  present  treaty  of  peace,  to  set- 
fle  with  the  three  courts  the  exe- 
cution of  their  arrangements  re- 
specting Greece* 

Article  10.  Immediately  after 
the  exchange  of  ratifications,  mea- 
sures shall  be  taken  for  the  execu- 
tion of  the  treaty ;  especially  of  the 
3d,  4th,  5th  and  6th  articles,  re- 
lating to  the  boundaries,  and  to  the 
provinces  of  Moldavia,  Wallachia 
and  Servia.  When  these  stipula- 
tions  shall  be  fulfilled,  the  Russians 
shall  evacuate  the  Ottoman  terri- 
tories, conformably  to  the  basis  es- 
tablished by  a  separate  act,  form- 
ing an  integral  part  of  this  treaty. 
Until  the  evacuation,  the  Russian 
administration  in  the  provinces  is 
to  be  maintained,  without  any  in- 
termeddling of  the  Porte. 

Article  12.  Hostilities  to  cease 
immediately.  Those  committed 
after  the  signature  of  the  treaty,  to 
be  considered  as  not  having  taken 
place.  All  territory  subsequently 
taken,  to  be  forthwith  restored. 

Article  18.  A  general  pardon 
and  amnesty  granted  to  the  sub- 
jects of  both  parties,  who  may  have 
taken  part  in  the  military  opera- 
tions,  or  manifested  by  their  con- 
duct or  opinions  their  attachment 


RUSSIA  AND  TURKEY. 


399 


tx>  either  of  the  contracting  parties.. 
No  person  to  be  molested  on  ac. 
count  of  his  past  conduct,  and  per- 
sons  recovering  their  property  to 
enjoy  it  under  the  protection  of  the 
laws,  or  be  at  liberty  to  emigrate 
with  it.  The  term  of  eighteen 
months  is  allowed  to  the  subjects 
of  the  two  powers,  in  the  territo- 
ries  ceded  or  restored,  to  dispose 
of  their  property,  and  remove  from 
the  dominions  of  either  party  to 
those  of  the  other. 

Article  14.  All  prisoners  of  war 
to  be  set  free  immediately  after 
the  exchange  of  the  ratifications, 
and  restored  without  ransom,  ex- 
cepting Christians  who  have  volun- 
tarily embraced  the  Mahometan 
religion  in  the  states  of  the  Sub. 
lime  Porte;  or  Mahometans,  who 
have  voluntarily  become  Christians 
in  the  Russian  territories.  No  re- 
payment to  be  required  for  the  ex- 
penses of  either  party  to  maintain 
prisoners.  Each  of  them  to  pro- 
vide the  prisoners  with  necessaries, 
as  far  as  the  frontiers,  where  they 
were  to  be  exchanged  by  commis- 
sioners appointed  on  both  sides. 

Article  15.  All  former  treaties, 
conventions  and  stipulations  be- 
tween the  parties  confirmed,  with 
the  exception  of  those  annulled  by 
the  present  treaty  of  peace. 

Article  16.  The  treaty  to  be 
ratified,  and  the  ratifications  ex- 
changed,  within  six  weeks,  or  ear- 
lier  if  possible. 

The  separate  acts  relating  to 


Moldavia  and  Wallachia,  referred 
to  in  the  6th  article  of  the  treaty, 
was  executed  on  the  same  day.  It 
provides  a  confirmation  of  the 
separate  act  annexed  to  the  con* 
vention  of  Acker  man,  so  far  as  re- 
lates to  the  forms  of  election  of  the 
Hospodars;  but  that  their  offices 
shall  be  held  for  life,  instead  of 
seven  years,  as  they  had  been 
limited  before.  That  the  Hospo- 
dars, with  the  assistance  of  their 
divans,  shall  administer  the  internal 
government  of  the  provinces  ac- 
cording to  the  treaties  and  Hatti 
Sheriffs.  The  Sublime  Porte  en- 
gages,  that  the  privileges  of  the 
two  provinces  shall  not  be  violated 
by  the  neighbouring  governors,  and 
that  the  inhabitants  of  the  right 
bank  of  the  Danube  shall  make  no 
incursions  upon  their  territories. 
All  isles  nearest  the  left  bank  of 
the  Danube  are  to  be  considered 
as  part  of  the  territory  of  these 
provinces,  and  the  channel  of  the 
Danube  is  to  form  their  boundary. 
The  Porte  is  to  retain  no  fortified 
point  on  the  left  bank  of  the  Da. 
nube,  nor  to  permit  the  settlement 
there  of  any  of  its  Mahometan 
subjects.  No  Mahometan  is  ever 
to  be  allowed  to  have  his  residence 
in  Moldavia  or  Wallachia,  mer- 
chants  only  being  admitted,  with 
firmans  for  purposes  of  trade  with 
Constantinople.  The  Turkish  cities 
on  the  left  bank  of  the  Danube  are 
to  be  restored  to  Wallachia,  and 
the  fortifications  previously  exist- 


400 


ANNUAL  REGISTER,  1827-8-9, 


ing  are  never  to  be  repaired. 
Mahometans  possessing  property, 
not  usurped,  in  the  cities  on  the 
left  bank,  shall  be  bound  to  sell  it 
within  eighteen  months  to  natives. 

The  governments  of  the  princi. 
palities  are  authorized  to  draw  sa- 
natary  cordons,  and  establish  qua- 
rantines, along  the  line  of  the  Da- 
nube,  and  wherever  else  it  may  be 
necessary,  and  to  maintain  a  mili- 
tary force  for  supporting  them. 

The  Sublime  Porte  renounces 
the  right  of  laying  contributions  in 
Moldavia  and  Wallachia,  for  the 
supply  of  Constantinople,  and  for 
victualling  the  fortresses  on  the 
Danube.  The  two  provinces  are 
for  ever  relieved  from  the  forced 
contributions  of  corn,  provisions, 
cattle  and  timber,  which  they  had 
formerly  been  bound  to  furnish. — 
But,  to  indemnify  the  Sultan  for  the 
loss  to  his  treasury,  by  this  arrange- 
ment, a  yearly  tribute,  independent 
of  those  called  Kharadsh  Idiye  and 
Rakiabije,  by  virtue  of  the  Hatti 
Sheriff  of  1822,  is  to  be  paid  by  the 
provinces,  the  amount  of  which,  to 
be  determined  hereafter.  On  eve- 
ry fresh  nomination  of  a  Hospodar, 
an  additional  year's  tribute  is  to  be 
paid  by  the  provinces. 

In  consequence  of  the  abolition 
of  the  above  special  contributions, 
the  inhabitants  of  the  principalities 
are  to  enjoy  free  trade  ;  to  be  re- 
stricted only  by  the  Hospodars, 
with  the  consent  of  their  Divans  ; 
freely  to  navigate  the  Danube 


with  their  vessels,  provided  with 
passports  from  their  own  govern 
ments  ;  and  to  proceed  to  the  other 
Ottoman  ports  and  harbours  for 
trade,  without  suffering  persecution 
from  the  collectors  of  the  Kharadsh, 
or  other  oppression. 

The  Porte  consents,  to  remit  the 
annual  tribute  from  the  two  princi- 
palities, from  two  years  after  their 
evacuation  by  the  Russian  army. 

Finally,  the  Porte  promises,  to 
confirm  every  administrative  mea- 
sure decreed  during  the  occupation 
of  the  provinces  by  the  Russian 
forces,  in  conformity  to  a  wish  ex- 
pressed in  the  assemblies,  of  the  prin- 
cipal inhabitants  of  the  country  ;  and 
these  decrees,  are  to  serve  as  the  ba- 
sis of  the  internal  administration  for 
the  future,  provided  they  do  not  in- 
fringe upon  the  rights  of  sovereign 
ty  of  the  Porte. 

By  a  subsequent  separate  act, 
the  indemnities  stipulated  by  the 
eighth  and  ninth  articles  of  the 
treaty  were  agreed  to  be  paid  by 
instalments,  the  first  in  four  increas- 
ing payments  at  short  intervals; 
the  second  in  ten  annual  payments. 
On  the  first  payment  of  the  portion 
of  the  smaller  sum,  the  Russian  ar- 
my were  to  retire  from  Adrianople  ; 
on  the  second,  to  recede  beyond 
the  Balkan ;  on  the  third,  to  re- 
pass  the  Danube  ;  and  on  the  fourth 
payment,  to  evacuate  the  Turkish 
territory. 

Such  was  the  treaty  dictated  by 
the  Emperor  Nicholas  to  an  enemy. 


RUSSIA  AND  TV  K  KEY. 


4Ui 


e  powers  oi' resistance  against 
him,  were  extinguished.  For  the 
first  time  since  the  Hegira,  the 
standard  of  the  prophet  was  pros- 
trated in  the  dust.  The  city  of 
Constantinople,  and  the  empire  of 
the  Osmanlis  were  vanquished. — 
It  would  have  been  as  easy  for  Ni- 
cholas to  have  re-consecrated  the 
church  of  St.  Sophia,  as  it  had  been 
for  Mahomet  the  Second  to  convert 
it  into  a  mosque.  The  Sultan  and 
his  Kaliphat  were  in  the  reach  of 
his  hand.  In  the  history  of  the 
world,  there  are  few  examples  of 
the  forbearance,  with  which  the 
victor  permitted  his  commanding 
general  to  sign  the  peace  at  Adri- 
anople. 

But  this  was  strictly  conformable 
to  the  declaration,  with  which  he 
had  commenced  the  war.  He  had 
disclaimed  all  purposes  of  aggran- 
dizement. He  had  promised  to 
meet  with  a  welcome  reception, 
any  overtures  from  his  adversary 
during  the  progress  of  the  war,  and 
the  promise  was  faithfully  perform- 
ed. For  this  forbearance,  he  ob- 
tained no  credit  with  his  allies.  On 
the  contrary,  they  were  the  first  to 
clamour  against  the  rigour  of  the 
terms  which  he  had  imposed. — 
They  were  quite  shocked  at  the 
amount  of  the  indemnities  exacted, 
to  cover  in  part  the  expenses  of 
the  war.  They  shuddered  at  the 
securities  required  for  the  future 
protection  of  Russian  subjects  in 
the  Ottoman  dominions,  by  placing 

Voi.  III. 


them  under  the  jurisdiction  of  theii 
own  ministers  and  consuls.  They 
took  umbrage  even  at  the  article, 
by  which  the  Sultan  acceded  to 
the  treaty  of  6th  of  July,  1827,  and 
to  the  protocol  of  22d  March,  1829, 
to  which  they  themselves  were 
parties. 

It  has  been  said,  on  the  other 
hand,  that  some  dissatisfaction  was 
manifested  in  Russia,  that  the  ca- 
reer of  victory  was  arrested  short 
of  Constantinople.  The  fact  is 
perhaps,  to  be  regretted,  as  it  re- 
gards the  cause  of  Christendom, 
and  of  humanity ;  but  it  affords  a, 
signal  proof  of  the  Emperor's  faith- 
fulness to  his  word,  the  most  illus- 
trious  of  the  qualities  that  can  adorn 
the  character  of  an  absolute  mo- 
narch.  In  the  declaration  at  the 
commencement  of  the  war,  per- 
haps  the  emperor  gave  too  ready  a 
pledge  to  the  jealousies  and  invi- 
dious fears  ofhis  allies ; — but  having 
given  it,  the  fulfilment  of  its  pro- 
mise was  due  no  less  to  his  justice 
than  his  magnanimity. 

The  consequences  of  the  treaty 
are  to  be  the  disclosures  of  future 
time.  But  we  have  ill  read  the 
lesson  of  history,  and  ill  observed 
the  condition,  conduct,  and  princi. 
pies  of  the  several  parties  to  this 
great  conflict  between  the  divi. 
sions  of  the  globe  and  the  elements 
of  the  moral  world,  if  this  Russian 
and  Turkish  war  for  the  indepen- 
dence of  Greece  (for  that  is  its  true 
character)  be  other  than  the  first 
51 


ANNUAL  REGISTER,  1827-8-9. 


act  of  a.  drama,  which  shall  change 
and  improve  the  destinies  of  man. 
This  is  a  theme  on  which  to  ex- 
claim, 

pli !  for  a  muse  of  fire,  that  would  ascend 
The  brightest  Heaven  of  invention. 

The  Ottoman  empire  is  in  the 
agonies  of  death.  Virtually  con- 
quered  by  the  green-clad  nation  of 
the  north,  according  to  the  doom 
of  her  own  prophecies,  she  has  pur- 
chased a  temporary  peace  with 
the  invader,  only  to  suffer  internal 
convulsions,  which  she  cannot 
long  survive.  Greece,  Moldavia, 
Wallachia,  and  Servia,  are  already 
substantially  wrested  from  her 
hands.  It  is  not  in  the  nature  of 
human  events,  or  of  human  pas- 
sions, that  the  remaining  European 
provinces  shall  rest  quiet  under 
that  galling  yoke  of  servitude, 
from  which  their  neighbours  all 
around  them  have  been  relieved. 
The  struggles  of  the  Sultan,  in  his 
extremity,  to  save  himself  by  adopt- 
ing the  European  improvements 
in  the  art  of  war,  cannot  avert 
the  fate  of  his  empire,  and  of  his 
religion.  The  improvements  in 
the  art  of  war,  like  those  in  the 
arts  of  peace,  which  have  raised 
the  man  of  European  race  above 
the  ancient,  and  above  the  Ma- 
hometan level  of  humanity,  flow 
from  one  and  the  same  perennial 
fountain,  and  that  fountain  is 
Christianity.  The  religion  and 
the  government  of  the  Osmanlis 


are  indissolubly  interwoven  with 
each  other.  Together  they  must 
fall.  That  their  fall  may  be  ren- 
dered subservient  to  a  great  melio- 
ration in  the  condition  of  man,  de- 
pends upon  Russia  alone  ;  perhaps 
upon  her  present  sovereign.  Nev- 
er since  the  existence  of  the  spe- 
cies, were  higher  destinies  in  pros- 
pect before  any  one  individual, 
than  may  be  reserved  for  him. 
But  who  shall  presume  to  advise 
him  ?  Let  him  take  counsel  from 
himself.  We  fervently  hope  that 
he  will  compare  the  prayer  dicta- 
ted by  our  Lord  and  Master, 
which  he,  like  every  Christian  ot 
every  denomination,  has  been 
taught  from  infancy  daily  to  re- 
peat, with  the  ferocious  Fatihat  of 
the  Koran  ;  for  the  whole  essence 
of  the  two  religions  is  in  these 
two  prayers.  We  believe  he  will, 
like  his  brother  Alexander,  find  it 
indispensably  necessary  to  set 
bounds  to  his  deference  for  his  Eu- 
ropean allies,  who  are  also  the  an- 
cient allies  of  the  Sublime  Porte, 
and  who  think  the  battle  of  Nava- 
rino  an  untoward  event.  He  is  at 
this  moment  witnessing  more  than 
ever  the  fruits  of  their  unnatural, 
absurd,  and  exclusively  selfish  poli- 
cy. It  is  for  him  to  rise  to  an 
immeasurable  height  above  it,  by 
the  energies  of  his  own  mind,  by 
the  consciousness  of  his  own  pow- 
er, and  by  the  duty  resulting  from 
both,  of  promoting  the  cause  of 
Christianity  and  civilization. 


CHAPTER  X\  . 

GREECE. 

Arrival  of  Count  Capo  d'Istrias  at  Egina — Appointment  of  tke  Pan- 
hellenion — Inauguration  of  the  government — National   bank — Pirates 
delivered  up  at  Carabusa — Prize  courts  at  Egina — Colonel  Fabvier's 
expedition  to  the  Island  of  Scio — its  failure — Greek  blockade  of  the 
Morea — The  plague  in  the  Morea — Inhabitants  disarmed — Arrest  of 
Mavromichalis,  Naxos  and  MiUaittis — Mission  of  four  archbishops  from 
Constantinople  to  tlie  Greeks — its  failure — Proclamation  of  the  Presi- 
dent announcing   the  war  between   Russia  and   the  Porte — General 
Church  attacks  Vasailach — and  Anatolico- — Corps  of  Albanians  at  Coron 
discharged — Admiral  Codrington  proceeds  to  Alexandria— convention 
of  the  Viceroy  of  Egypt  with  him  for  the  evacuation  of  the  Morea  by 
Ibrahim  Pasha — French   expedition  to  the  Morea — Their  landing — 
Second  convention  for  the  evacuation  of  the  Morea  by  the  Egyptian  troops 
— They  return  to  Alexandria — Navarino  taken  by  the  French  troops — • 
and  Modon — Coron — Capitulation  of  Pair  as — and  the  Castle  of  Morea 
— Turkish  Agas  resist  the  capitulation — The  castle  besieged  by  General 
Maison — The  Agas  surrender  at  discretion — Sickness  among  the  French 
^  troops — one  division  of  them  returns  to  France — War  in  the  Island  of 
Candia — in   Western  Hellas — Proclamations  of  the  President  Capo 
d'Istrias — his  conferences  with  General  Maison — with  the  allied  Ad- 
mirals— with  the  Ambassadors  at  Poros — Count  Bulgari,  minister  of 
Russia  to  the  Greek  government — Mr.  Dawkins,  British  consul  general 
— Discontent  in  Greece  at  the  limits  proposed  by  the  allies — General 
Ypsilanti  takes  Livadm  and  Salone — Corps  of  Turks  defeated  by  Ketzo 
Tzavellas — Prisoners  branded — Conference  of  16th  November,  1828, 
held   by  the   ministers   of  the  allies  at  London — their  declaration — 
Mission    of   Mr.    Jaubert    to    Constantinople — The    Porte    consents 
to    negotiate    with   Great  Britain   and   France — Conference  between 
the  ministers   of  the  allies   at  London  of  22d  March,  1829 — Pro- 
tocol  of   that  conference — Boundaries   of  Greece— Tribute — Indem- 
nity for  Turkish  property — Independence  qualified — Amnesties — Mutual 
armistice — Russia  to  be  represented  by  the  ambassadors  of  France  and 
Great  Britain — Sir  Robert  Gordon  and  Count  Guilleminot  arrive  at 
Constantinople — Reception  of  Sir  Robert  Gordon — Conferences  with  the 

*  In  the  composition  of  this  and  the  preceding  and  following  chapters,  use  has 
been  made  of  the  Annuaire  Historique  of  Lesur  for  1828,  a  work  far  superior  to  the 
English  Annual  Register  of  the  same  year. 


404 


ANNUAL  REGISTER,  1827-6-9. 


Rcis  Effendi — Notification  that  the  British  government  disallows  the 
Greek  blockades — Fourth  National  Assembly  of  Greece  at  Argos — Di- 
vision of  Greece  into  13  departments— Address  of  President  Capo 
d'lstrias  to  the  Assembly — Military  operations— Vonitza  taken  by  Ge- 
neral Church — the  castle  of  Rumelia,  by  Augustin  Capo  d'lstrias — 
Mahmoud  Pasha  defeated  near  Talanti — Thebes  evacuated  by  Omer 
Pasha — Lepanto—Missolonghi — Anatolico — surrender  by  capitulation 
to  the  Greeks — Operations  before  Athens  suspended — General  Church 
resigns  his  commission  as  commander -in-chief — Peace  of  Adrianople — 
Conclusion. 


IN  resuming  the  narrative  of  the 
affairs  of  Greece,  it  is  necessary 
to  remember,  that  in  the  month  of 
June,  1827,  the  national  assembly 
at  Traezene  had  agreed  upon  a 
constitutional  form  of  government, 
and  had  elected  Count  John  of 
Capo  d'lstrias,  president  for  the 
term  of  seven  years ;  and  on  sepa- 
rating had  appointed  a  temporary 
commission  of  government,  con- 
sisting of  George  Mavromichali, 
John  Milaittis  and  Gianei  Naxos,  to 
continue  until  his  arrival.  He  was 
then  at  St.  Petersburg,  and  soon 
after  repaired  to  London  and  to 
Paris,  exerting  all  his  faculties  to 
obtain  from  the  governments  of 
Russia,  Great  Britain  and  France, 
pecuniary  and  other  assistance,  for 
the  relief  of  his  countrymen.  He 
had  written  in  August  from  Lon- 
don, an  address  to  the  heads  of 
the  government  and  the  nation,  ex- 
pressing his  gratitude  for  the  ap- 
pointment conferred  upon  him,  de- 
claring his  acceptance  of  the  trust 
confided  to  him,  and  informing 
thenVof  the  measures  which  he  had 
taken,  and  which  he  yet  contem- 
plated, to  obtain  assistance  and 


support  to  their  cause.  His  arri- 
val was  delayed  until  after  the 
commencement  of  the  year  1828  ; 
and  in  the  convulsive  and  anarchi- 
cal state  of  the  country,  the  party 
which  had  opposed  his  election 
were  already  proposing  to  consider 
the  delay  as  equivalent  to  an  abdi- 
cation, when  on  the  18th  of  Janua- 
ry he  landed  from  Malta  at  Napoli, 
in  the  British  armed  vessel  the 
Warspite.  He  was  received  with 
great  solemnity ;  and  a  few  days 
after,  on  the  24th  of  January,  pro- 
ceeded to  Egina,  where  the  tem- 
porary commission  of  government 
were  then  residing.  They  pub- 
lished a  proclamation  of  that  date, 
declaring  their  powers  to  be  at  an 
end.  The  President,  however,  af- 
ter several  conferences  with  them, 
and  with  the  senate,  issued  a  de- 
cree, naming  a  council  of  27  per- 
sons, under  the  name  of  the  Pan- 
hellenion,  to  share  with  the  Presi- 
dent the  direction  and  responsibili- 
ty of  the  government,  until  the 
meeting  of  the  national  assembly, 
which  was  proposed  to  be  in  April. 
The  proclamation  was  dated  the 
14th  of  February.  After  manifest- 


GREECE. 


405 


ing  his  gratitude  to  the  Most  High 
for  the  fact  that  he  was  at  length 
in  the  midst  of  his  countrymen, 
and  to  them  for  the  affectionate 
kindness  with  which  they  had  re- 
ceived him,  he  assures  them,  that 
his  detention  from  the  month  of 
May  had  been  occasioned,  by  his 
efforts  to  obtain  for  them  the  im- 
mediate benefit  of  the  supplemen- 
tary article  of  the  treaty  of  6th 
July,  1827,  and  pecuniary  assist- 
ance  from  the  sovereigns  who  had 
concluded  it. 

He  adds,  that  lamenting  the 
omission  of  the  national  assembly 
at  Traezene  to  confer  upon  the 
senate  powers  sufficient  to  secure 
the  independence  of  the  nation, 
and  the  impossibility  of  convening 
the  national  assembly  before  the 
month  of  April,  to  meet  the  inter- 
vening crisis,  he  had,  after  consult- 
ing the  senate  and  other  expe- 
rienced persons,  appointed  a  pro- 
visional government,  founded  upon 
the  bases  of  the  acts  of  Epidaurus, 
of  Astros,  and  of  Traezene.  That 
this  council,  consisting  of  persons 
already  honoured  with  popular  suf- 
frages as  representatives  of  the 
nation,  would  share  with  him  his 
labours  and  responsibility,  subject 
to  the  future  judgment  of  the  na- 
tional assembly ;  appealing  to  the 
history  of  his  life,  and  to  the  fa- 
vour he  enjoyed  in  other  European 
countries,  as  pledges  that  his  only 
object  was  to  bring  them  to  a  go- 
vernment of  laws,  and  to  preserve 


them  from  the  fatal  consequences 
of  arbitrary  power. 

The  President  then  appointed 
Spiridion  Tricoupis  secretary  of 
state,  George  Conduriottis  minister 
of  finance,  N.  Spicaldi  of  the  inte- 
rior, A.  Padapoulo  of  justice,  An- 
drew  Zaimis  of  foreign  affairs,  and 
P.  Mavro  Michali  of  war  and  ma- 
rine. 

The  government  was  inaugu- 
rated with  religious  solemnities, 
and  military  parade,  on  the  19th 
of  February,  1828.  Their  first 
measures  were  adopted  with  a  view 
to  the  establishment  of  the  public 
credit,  and  to  the  suppression  of 
piracy.  As  an  expedient  for  the 
former  of  these  purposes,  a  na- 
tional  bank  was  constituted,  the 
notes  of  which,  bearing  an  interest 
of  eight  per  cent,  were  to  be  re- 
deemable in  payment  for  national 
property,  the  sale  of  which  should 
afterwards  be  authorized  by  the 
national  assembly.  The  procla- 
mation published  with  this  decree, 
stated  that  the  pecuniary  assist- 
ance promised  by  the  three  allied 
governments  could  not  be  realized 
in  time  to  meet  the  present  exi- 
gency. That  so  long  as  Greece 
should  remain  in  a  state  of  apathy 
and  inaction,  under  the  weight  of 
her  misfortunes  ;  so  long  as  she 
suffered  the  enemy  to  prey  upon 
her  own  resources  ;  finally,  so  long 
as  she  should  endure  the  shame 
and  scandal  of  wretches  who  dis- 
graced her  flag  by  piracy,  so  long 


406 


ANNUAL  REGISTER,  18*7-8-*. 


the  three  sovereigns  who  had  taken 
an  interest  in  her  behalf,  Would 
justly  doubt  the  possibility  of  car- 
rying  into  effect  the  provisions  in 
her  behalf  of  the  treaty  of  the  6th 
of  July,  1827.  But  notwithstand- 
ing  this  appeal  to  the  patriotism  of 
the  Greeks,  very  little  advantage 
was  derived  from  the  institution  of 
the  bank. 

A  nest  of  pirates^  which  had 
found  a  shelter  at  Carabusa,  on  the 
eastern  side  of  the  island  of  Candia, 
was  shortly  afterwards  broken  up 
by  a  small  squadron  of  five  British 
armed  vessels,  commanded  by  Sir 
Thomas  Staines.  Arriving  upon 
that  coast,  he  sent  a  summons  to 
the  council  of  Carabusa,  demand- 
ing of  them  to  deliver  up  to  him 
the  piratical  vessels  in  the  harbour, 
and  the  pirates  in  possession  of 
them.  This  was  refused  ;  and  he 
landed  a  detachment  of  troops 
upon  the  island,  and  made  prepa- 
rations for  commencing  a  cannon- 
ade ;  upon  which  the  vessels  and 
the  piratical  chiefs  were  delivered 
up,  and  six  of  them  were  sent  to 
Malta  for  trial.  The  city  itself 
was  occupied  by  a  detachment 
from  the  British  squadron,  and  af- 
terwards surrendered  to  a  corps  of 
troops  sent  by  the  President  of 
Greece,  who  took  possession  of  the 
place. 

An  irregular  prize  court  had 
been  sitting  at  Egina  ;  but  as  its 
decisions  were  considered  not  suf- 
ficiently favourable  to  the  rights  of 


neutral  navigation,  a  mixed  com- 
mission was  substituted  in  its  place, 
consisting  of  members  appointed 
partly  by  the  Greek  government, 
and  partly  by  the  neutral  authori- 
ties. They  were  authorized  to  re- 
view all  the  decisions  of  the  prize 
court,  and  to  confirm  or  reverse 
them,  according  to  the  acknow- 
ledged principles  of  the  laws  of 
nations.  These  measures,  aided 
by  the  vigilant  co-operation  of  the 
Grecian  naval  commanders,  soon 
suppressed  the  piracies  which  had 
become  so  formidable  to  neutral 
commerce. 

Colonel  Fabvier  commanded  an 
expedition  for  the  re-conquest  of 
the  island  of  Scio.  He  landed 
in  October,  1827,  with  about  1,000 
regular,  and  1,500  irregular  troops, 
chiefly  Albanians ;  but  although 
there  were  not  more  than  1,000 
Turks  in  the  place,  he  had  made 
very  little  progress  in  the  siege, 
when  a  small  Turkish  squadron 
from  Smyrna  landed,  on  the  12th  of 
March,  under  the  protection  of  the 
fort,  500  men  of  regular  troops 
with  provisions  and  ammunition, 
and  were  prepared  to  disembark 
2,000  more  ;  which  spread  so  much 
consternation  among  the  Greek  in- 
habitants, and  Fabvier's  irregulars, 
that  he  found  himself  suddenly  de- 
serted by  the  latter.  They  disband- 
ed themselves,  and  dispersed  among 
the  mountains.  He,  himself,  with 
a  part  of  his  regular  troops,  escaped 
in  a  small  Greek  flotilla,  whence  he 


GREECE. 


407 


passed  on  board  a  ship  of  the 
French  squadron  of  Admiral  Rigny. 
The  remnant  of  his  Greek  corps, 
found  their  way  to  Egina,  where 
they  were  incorporated  with  a  new 
force  then  organizing  under  the  di- 
rection of  the  President. 

There  were  no  Turkish  or  Egyp- 
tian troops  remaining  in  the  eastern 
part  of  the  Morea.  Solyman-Bey 
had,  about  the  last  of  February, 
evacuated  Tripolitza,  and  joined 
the  main  body  of  the  Egyptian  ar- 
.my  at  Modon.  On  the  30th  of 
May,  the  President  declared  the 
ports  of  Coron,  Modon,  Navarino, 
and  the  gulfs  of  Patras  and  Lepan- 
to,  in  a  state  of  rigorous  blockade. 
The  blockading  squadron  took  a 
great  number  of  vessels,  laden  with 
flour  and  warlike  stores,  destined 
for  the  army  of  Ibrahim  Pasha,  who 
took  his  revenge  by  ravaging  all 
the  regions  of  the  Morea,  around 
his  camp. 

The  measures  of  the  President 
were  all  adapted  to  the  introduction 
of  good  order,  and  to  invigorate  the 
defence  of  the  country ;  but  they 
were  not  effected  without  much  op- 
position and  resistance.  He  had 
ventured  upon  ordaining  a  levy  of 
one  man  to  a  hundred,  for  the  re- 
gular army  ;  and  upon  the  appear- 
ance of  the  plague  in  some  parts  of 
the  Morea,  aud  in  the  islands  of  Hy- 
dra and  Spezzia  in  May,  he  availed 
himself  of  the  occasion  to  intercept, 
by  regular  troops,  the  communica- 
tions between  the  villages,  and 


even  to  disarm  the  inhabitants  of 
the  country,  not  belonging  to  the 
regular  force  by  sea  or  land.  This 
operation  was  effected  before  the 
principal  motive  for  it  was  per- 
ceived ;  and  when  seen  through,  it 
was  too  late  for  the  attempt  to 
make  any  forcible  resistance.  The 
President,  however,  felt  himself 
obliged  to  postpone  the  convocation 
ofthe  national  assembly,  and  even  to 
put  under  arrest  the  members  of 
the  preceding  commission  of  go- 
vernment, George  Mavromichali 
Naxos,  and  G.  Milaittis,  for  a  pro- 
test published  by  them,  against  any 
measure  for  introducing  foreign 
troops  into  Greece. 

At  the  time  of  the  departure  of 
the  allied  ambassadors  from  Con- 
stantinople, in  December,  1827,  four 
Christian  Greek  Archbishops  had 
been  appointed,  together  with  a  ci- 
vil agent,  (proto-synkellos,)  com- 
missioners, authorized  to  propose  to 
the  Greeks,  a  full  amnesty ;  invio- 
late respect  for  their  property ;  a 
remission  of  all  the  arrears  of  tri- 
bute ;  new  privileges  for  a  year,  in 
the  event  of  their  submission,  and 
promises  of  good  government  in 
future.  They  left  Constantinople 
at  the  end  of  February,  and  pro- 
ceeded, first  to  the  camp  of  Ibra, 
hina  Pasha,  with  whom  they  con- 
certed  their  subsequent  measures. 
He  sent  them  by  land  to  Napoli, 
where  they  embarked  for  Poros. 
Here  they  were  received  with  the 
respect  due  to  their  character. — 


408 


ANNUAL  REGISTER,  1827-8-9. 


The  President  gave  them  an  au- 
dience on  the  15th  of  June,  in  pre- 
sence of  three  high  naval  officers 
of  the  Russian,  French,  and  British 
fleets.  At  that  conference,  thi 
rescript  of  the  Patriarch  addressed 
to  the  Greeks,  by  virtue  of  the  Sul- 
tan's  Hatti  Sheriff,  was  read.  The 
propositions  contained  in  them  were 
declined,  as  not  being  conformable 
to  the  treaty  of  6th  July,  1827  ;  and 
the  President  answered  them  by  a 
note,  declaring  the  fixed  determina- 
tion of  Greece  to  maintain  her  inde- 
pendence, under  the  protection  of 
the  three  allied  powers.  This  com- 
mission  and  its  result  bear  a  strong 
resemblance  to  that  commission  of 
Lord  Carlisle,  Sir  George  Johnson, 
and  William  Eden,  so  characteris- 
tic  of  the  policy  and  morality  of 
the  British  government,  during  the 
war  of  the  American  revolution. 

The  British  commissioners  had 
arrived  in  America,  precisely  at  the 
time  when  the  treaties  of  6th  Feb- 
ruary, 1778,  between  the  United 
States  and  France,  had  been  receiv- 
ed by  congress.  The  four  Arch- 
bishops landed  at  Poros,  just  at  the 
moment,  when  the  Russian  declara- 
tion of  war  against  the  Porte  had 
been  received  by  the  Grecian  Pre- 
sident.  On  the  12th  of  June,  he 
issued  a  proclamation  to  the  Pan- 
hellenians,  to  the  extraordinary 
commissioners  of  the  general  de- 
partments of  the  Archipelago,  and 
of  the  Peloponessus,  and  to  the  re- 
spective commanders  of  the  milita- 


ry and  naval  forces,  announcing 
this  event,  with  certain  explanatory 
remarks,  to  caution  his  countrymen 
against  any  erroneous  impression, 
which  they  might  receive  from  the 
existing  state  of  things,  with  regard 
to  their  own  condition.  He  ob- 
serves that  the  Russian  declaration 
makes  known  clearly,  the  motives 
and  the  object  of  the  war  between 
Russia  and  the  Porte.  But  that  the 
pacification  and  future  state  of 
Greece  are  guarantied  by  Russia, 
as  a  party  to  the  treaty  of  the  6th 
July,  1827,  under  the  protection  of 
the  three  great  contracting  parties; 
and  not  by  a  single  power.  That 
the  emperor  has  placed  at  the  dis- 
posal of  the  Greek  government,  a 
sum  of  money  which  would  furnish 
the  means  of  providing  for  the  most 
urgent  wants  of  the  army,  the  fleet, 
and  the  other  parts  of  the  public 
service.  That  this  assistance  was 
supplied,  on  condition  that  it  should 
be  used  with  the  greatest  economy, 
solely  for  the  defence  of  the  coun- 
try, to  repel  the  enemy,  and  to  re- 
lieve the  extreme  distress  of  the 
people.  That  there  was  every 
reason  for  expecting  that  like  as- 
sistance would  be  received  from 
the  kings  of  Great  Britain,  and  of 
France.  But  that  notwithstanding 
these  important  subsidies,  the  crisis 
in  the  affairs  of  Greece,  was  not 
the  less  difficult ;  and  that  the  only 
means  of  emerging  from  it  with 
safety,  would  be,  by  proving  them- 
selves worthy  of  the  assistance 


GREECE. 


which  they  had  received,  and  were 
yet  led  to  expect,  manifested  in 
their  own  exertions  to  improve  the 
internal  condition  of  their  country. 

On  the  15th  of  June,  Colonel 
the  Baron  Jucherean  de  Saint 
Denis,  as  agent  of  the  king  of 
France  to  the  Greek  government, 
arrived  at  Poros,  and  delivered, 
with  his  credential  letter,  to  the 
President,  a  sum  of  five  hundred 
thousand  francs,  as  an  earnest  of 
further  succours,  which  were  to  be 
sent  with  the  military  expedition, 
then  preparing  in  France .  Addition  - 
al  sums  were  applied  for  the  re- 
demption  of  Greeks,  sold  to  slavery 
in  Egypt ;  and  assurance  was  given 
that  the  Emperor  of  Russia  had 
contributed  to  the  amount  of  two 
millions  of  francs,  to  the  loan,  made 
on  accouut  of  Greece,  at  5  per 
cent,  interest. 

Ever  since  the  baUle  of  Navari- 
no,  the  military  operations  between 
the  Turks  and  Greeks  have  been 
remarkable  only  for  their  ineffi- 
ciency. General  Church  was  not 
more  successful  than  Colonel  Fab- 
vier.  The  managers  of  popular 
revolutions  should  make  it  a  rule, 
without  exception,  never  to  place 
a  foreigner  at  the  head  of  their 
military  forces.  Had  General 
Charles  Lee,  or  Marshal  Mailla- 
bois,  or  the  Duke  of  Brunswick, 
been  appointed  commander.in-chief 
of  the  American  armies,  during 
our  revolution,  the  cause  of  the 
country  would  have  been  ruined  in 

Vol.  HI, 


less  than  three  years — irretrieva 
bly  ruined  for  the  time  ;  and  al- 
though it  could  not  have  failed  to 
break  out  afresh  in  after  days,  the 
independence  of  the  United  States 
might  have  been  deferred  for  half 
a  century,  and  finally  achieved,  at 
an  expense  of  blood  and  treasure.; 
far  heavier  than  was  its  price 
under  the  guidance  of  Washington. 
In  every  region  of  the  earth,  the 
soldier  of  the  people  will  obey  the 
supreme  command  only  of  his 
countrymen.  General  Church, 
after  landing  at  Dragomestra,  with 
four  or  five  thousand  men,  dis 
scminated  in  petty  troops  under 
divers  leaders,  had  no  control  over 
them,  and  after  five  or  six  months 
of  feeble  attempts  upon  Vassilocli 
and  Anatolico,  had  effected  no- 
thing. He  called  for  the  aid  of  a 
flotilla,  besides  that  which  was 
cruising  at  the  entrance  of  the 
gulf  of  Lepanto.  The  flotilla 
came  about  the  end  of  May.  A 
new  attack  upon  Anatolico  was- 
made — an  assault  attempted  and 
repulsed,  with  the  loss  of  Captain 
Harting,  commander  of  a  steam 
vessel,  who  was  mortally  wounded. 
The  siege  was  abandoned — and 
an  attack  afterwards  upon  Prevasa, 
was  in  like  manner  defeated. 

The  forces  of  Ibrahim  Pasha, 
in  the  Morea,  were  on  their  part, 
nearly  reduced  to  a  state  of  in- 
action. A  few  foraging  or  scout- 
ing parties  round  his  camp,  formed 
the  only  exception.  A  corps  of 
52 


41U 


ANNUAL  REGISTER,  1827-8-9. 


three  thousand  Albanians,  station- 
ed at  Coron,  demanded  their  dis- 
charge, with  freedom  to  return 
home  through  the  Morea,  or  threat- 
ened a  mutiny,  for  an  increase  of 
pay.  Ibrahim  consented  to  dis- 
charge them,  and  entered  into  an 
agreement  with  the  allied  admirals, 
by  which  they  were  to  have  a  free 
passage  across  the  country,  to  the 
plain  of  Corinth,  where  they  were 
to  pass  the  isthmus,  or  to  embark 
in  Greek  vessels,  and  cross  the 
gulf.  They  were  to  pay  for  their 
provisions,  on  their  way,  and  to 
release  all  their  Greek  prisoners. 
They  proceeded  accordingly  as 
far  as  the  isthmus,  without  opposi- 
tion ;  but  meeting  there  a  Greek 
corps  under  Ypsilanti,  and  appre- 
hensive of  an  attack  from  them, 
they  marched  off  in  the  night,  and 
took  the  direction  of  Patras.  ^li- 
med Pasha,  who  commanded  there, 
refused  to  admit  them ;  upon  which, 
they  forced  their  way  into  the  city  ; 
murdered  the  Pasha,  took  posses- 
sion of  the  castle  of  Mote  a,  which 
they  afterwards  delivered  up  to  the 
Pasha  of  Lepanto  ;  and  then  em- 
barked in  small  detachments ;  land- 
ed in  Epirus ;  and  returned  peace- 
ably to  their  homes. 

It  had  been  determined  by  the 
allies  of  the  intervention  treaty, 
that  if  the  Turkish  and  Egyptian 
army  should  not  evacuate  the 
Morea,  a  French  army  should  be 
sent  there,  amicably  to  effect  their 


extrusion.  The  Grecian  blockade 
did  not  accomplish  the  object.  The 
exhortations  of  the  allied  ambassa- 
dors at  Corfu,  and  of  the  allied 
admirals  on  the  coast,  addressed 
to  Ibrahim  Pasha,  were  not  more 
effectual ;  his  first  answers  being, 
that  he  could  conclude  nothing,  un- 
til he  should  receive  orders  from 
his  father,  or  the  Bey  of  Egypt, 
Mehemet  Ali  Pasha.  On  the  6th 
of  July,  Ibrahim  held  a  conference 
with  the  Vice-Admirals  Rigny  and 
Heyden,  and  the  English  com- 
modore Campbell.  He  then  de- 
clared himself  authorized  and  ready 
to  evacuate  the  Morea,  without 
taking  away  any  Greek  prisoners ; 
but  not  to  engage  for  the  restora- 
tion of  prisoners  sent  to  Egypt, 
after  the  battle  of  Navarino,  nor 
to  surrender  the  fortresses  in  the 
Morea.  It  was  then  agreed,  that 
Sir  Edward  Codrington,  who  had 
just  been  superseded  in  his  com- 
mand by  Sir  John  Pulteny  Mal- 
colm, should  proceed  to  treat  in 
person  with  the  viceroy  of  Egypt. 
He  arrived,  accordingly,  on  the 
31st  of  July,  before  Alexandria, 
with  two  ships  of  the  line,  one  fri- 
gate, two  corvettes,  and  several 
brigs  and  schooners ;  and  sent  one 
of  his  officers  to  the  Viceroy  at 
Cairo,  to  inform  him  of  the  object 
of  his  mission,  and  to  declare,  that, 
if  the  evacuation  of  the  Morea,  and 
the  restoration  of  the  Greek  priso- 
ners,  should  be  refused,  an  imme- 


GREECE. 


diate  blockade  of  the  port  of  Alex- 
andria.  and  of  the  whole  coast  of 
Egypt,  would  ensue. 

The  Viceroy  repaired  forthwith 
to  Alexandria,  and  on  the  6th  of 
August,  concluded  with  Sir  Edward 
Codrington,  a  convention  in  six 
articles,  with  one  supplementary, 
for  the  evacuation  of  the  Morea  ; 
stipulating,  1.  That  the  Vice- 
roy should  restore  ail  the  Greek 
slaves  sent  to  Egypt,  after  the  bat- 
tle of  Navarino — he  should  deliver 
immediately,  to  Sir  Edward  Cod- 
rington, all  those  who  were  there 
at  his  disposal ;  and  would  effica- 
ciously use  his  good  offices,  to  aid 
the  foreign  consuls  in  purchasing 
those  who  had  become  the  property 
of  individuals.  2.  The  Viceroy 
engaged  to  send  as  soon  as  pos- 
sible, vessels  of  war  and  transports 
to  Navarino,  to  take  on  board  the 
Egyptian  troops.  3.  These  ves- 
sels and  transports  should  be  es- 
corted by  French  and  British  ves- 
sels, to  Navarino,  or  some  other 
port  of  the  Morea,  for  the  above 
purpose.  4.  The  same  vessels 
should,  in  like  manner,  be  escort- 
ed upon  their  return  from  Navari- 
no, till  they  should  come  in  sight 
of  the  port  of  Alexandria.  5. 
Neither  Ibrahim  Pasha,  nor  any 
officer  or  person  belonging  to  his 
army,  should  take  away  with  them, 
a  single  Greek  individual  of  either 
sex,  unless  at  their  own  desire. 
6.  Ibrahim  Pasha  should  be  autho- 
rized to  leave  in  the  fortresses  of 


Patras,  Castel  Tornese,  Modon, 
Coron  and  Navarino,  garrisons  suf- 
ficient for  their  defence.  By  the 
supplementary  article,  the  whole 
number  of  men  for  these  garrisons, 
was  not  to  exceed  twelve  hundred. 

It  seemed  as  if  this  permission 
to  retain  five  Grecian  fortresses, 
with  their  petty  garrisons,  had  been 
purposely  stipulated,  to  furnish 
some  occupation  and  apology  for 
the  French  expedition  from  Tou- 
lon, which  was  at  that  time  about 
to  embark  for  the  Morea. 

This  consisted  of  an  army  of 
14,000  men,  commanded  by  Lieu- 
tenant General  the  Marquis  Mai- 
son,  peer  of  France,  divided  into 
three  brigades,  commanded  by  the 
Major  Generals  Sebastiani,  Higo- 
nat,  and  Schneider.  There  were 
nine  regiments  of  infantry,  one  of 
light-horse,  four  companies  of  ar- 
tillery with  ordnance  for  field, 
siege,  or  mountain ;  two  companies 
of  engineers,  sappers,  and  miners, 
with  all  the 

"  Pride,  pomp,  and  circumstance  of  glorious  war," 

destined  to  take  five  fortresses,  with 
garrisons  amounting  in  the  aggre- 
gate to  1200  men. 

The  first  division  of  this  army  sail, 
ed,  with  the  commander-in-chief, 
on  the  17th  of  August,  1328 ;  and 
the  second,  two  days  afterwards : 
both  arrived,  on  the  29th  of  August, 
in  sight  of  Navarino.  There  they 
found  the  Admirals  Rigny,  Hey- 
den,  and  Sir  Pultney  Malcolm,  with 
their  respective  squadrons.  Ibra- 


A_VM;AL  REGISJTJSK.  1827-8-0. 


him  Pasha  was  also  at  Navarino, 
with  his  troops  partly  there,  and 
partly  encamped  in  the  harbour  of 
Modon.  Their  embarkation  had 
been  delayed  by  numerous  ques- 
tions left  unsettled  by  the  conven- 
tion of  Alexandria,  concerning  the 
fortresses  to  be  retained,  the  pro. 
visions  to  be  supplied  for  the  Egyp- 
tian troops,  and  the  means  of  trans- 
portation  for  them.  General  Mai- 
son,  therefore,  instead  of  landing  at 
Navarino,  where  his  troops  would 
have  been  too  immediately  in  con- 
tact with  the  Egyptians,  proceeded 
to  the  gulf  of  Coron,  and  landed 
his  troops  upon  the  beach  in  the 
neighbourhood  of  that  city,  where 
they  encamped. 

After  much  parleying  and  many 
conferences  of  Ibrahim  with  Gene- 
ral Maison  and  the  allied  admirals, 
a  second  convention  was  concluded 
on  the  7th  of  September,  by  which 
it  was  agreed  that  the  Egyptian 
army  should  embark  in  two  divi- 
sions at  Navarino,  to  commence  on 
the  9th,  and  to  be  completed  as 
speedily  as  possible.  The  first  di- 
vision, consisting  of  5500  men, 
sailed  on  the  16th  of  September, 
in  27  transports,  accompanied  by 
pno  ship  of  the  line,  and  escorted 
by  one  French  and  two  British 
armed  vessels.  On  the  same  day, 
the  third  brigade  of  the  French  ex- 
pedition, which  had  sailed  from 
Toulon  the  first  of  the  month,  com- 
manded by  General  Schneider, 
disembarked,  and  proceeded  to  the 


camp  at  Patolida.  This  had  been 
previously  occupied  by  the  other 
French  brigades,  whose  head-quar- 
ters were  now  transferred  near  to 
Navarino.  Three  weeks  more 
elapsed  before  the  complete  evacu- 
ation of  Ibrahim's  army.  The  last 
division  embarked  with  Ibrahim 
himself,  on  the  5th  of  October,  and 
arrived  on  the  10th  at  Alexandria. 
In  his  intercourse  with  the  French 
commanding  and  superior  officers, 
he  impressed  them  with  a  very  fa- 
vourable opinion,  as  well  of  his 
courtesy  as  of  his  intelligence. 
His  compliments  were  not  less  de- 
licate than  flattering.  General 
Maison  invited  him  to  be  present 
at  a  review  of  the  troops,  at  which 
he  expressed  his  admiration  both 
of  the  infantry  and  cavalry,  in  a 
manner  appropriate  to  each  of 
those  arms.  He  gave  as  a  toast 
at  the  breakfast,  "  All  Frenchmen, 
but  not  the  union  of  all  the  powers :" 
and  he  greatly  perplexed  some  of 
the  high  officers  of  General  Mai- 
son's  staff,  by  the  inquiry,  "Why 
they,  who  five  years  before  went 
into  Spain  to  make  slaves,  came 
now  into  Greece  to  make  free- 
men?" 

No  sooner  had  Ibrahim  and  his 
Egyptians  fairly  evacuated  the 
Morea,  than  General  Maison  com- 
tnenced  with  great  formality  the 
military  and  naval  operations  by 
which,  with  his  fourteen  thousand 
men,  and  the  co-operation  of  the 
combined  fleets  of  Great  Britain. 


GREECE. 


France,  and  Russia,  he  was  to 
make  himself  master  of  the  five 
fortresses  which,  by  the  convention 
of  Alexandria  and  the  supplemen- 
tary convention  just  concluded 
with  Ibrahim  Pasha  himself,  were 
excepted  from  the  compact  of  eva- 
cuation. 

On  the  6th  of  October,  the  day 
after  the  last  division  of  Ibrahim's 
troops  had  sailed  from  Navarino, 
Major  General  Higonet  received 
orders  to  take  a  position,  with  a 
regiment  of  infantry  and  detach, 
ments  of  artillery  and  engineers, 
before  the  citadel  of  Navarino,  and 
to  summon  the  Turkish  comman- 
dant to  surrender.  General  Higo- 
net undertook  this  office  himself; 
but  the  Turk  sent  him  word  that 
he  was  sick.  Admiral  Rigny 
made  application  to  him  also  in 
person,  but  the  only  answer  they 
could  obtain  was,  that  the  Porte 
was  not  at  war  either  with  France 
or  England ;  that  no  act  of  hos- 
tility would  be  committed  from  the 
fort ;  but  that  it  would  not  be  sur- 
rendered.  The  order  was  then 
given  to  General  Higonet  to  take 
the  place.  The  sappers  opened 
an  old  breach,  and  the  French 
troops  marched  into  the  town,  and 
thence  into  the  citadel,  without 
meeting  any  resistance.  Sixty 
pieces  of  cannon,  warlike  stores 
and  provisions  for  several  months, 
were  taken.  The  garrison  of  520 
men,  it  was  agreed,  should  forth- 
with embark  and  return  to  Egypt. 


A  similar  operation  was  per- 
formed the  next  day,  at  Modon, 
where  a  mixed  garrison  of  Turks 
and  Egyptians  was  commanded  by 
Hassan  Pasha  and  Achmet  Bey. 
The  same  summons  was  given,  and 
the  same  answer  returned.  The 
French  troops,  aided  by  the  fire 
from  an  English  and  a  French  ship 
of  the  line,  began  to  batter  down 
the  walls  of  the  fort,  when  the 
Turks  demanded  a  parley.  Has. 
san  Pasha  and  Achmet  Bey  came 
forth  upon  the  wall  of  an  advanced 
work  near  the  gate,  where  Hassan 
told  General  Maison  that  they  could 
not  surrender  the  fortress,  but  that 
they  knew  the  impossibility  of  de- 
fending it ;  and  they  hoped,  if  he 
should  take  it,  he  would  grant  them 
the  same  terms  as  the  garrison  at 
Navarino  had  obtained,  to  which 
he  assented.  The  gates  were  ac- 
cordingly burst  open  by  the  joint 
exertions  of  the  allied  forces  by 
sea  and  land ;  and  the  alacrity  of 
the  sailors  having  been  first  crown- 
ed with  success,  Captain  Maillard 
of  the  French  line  of  battle  ship 
the  Breslaw,  and  Captain  Mait- 
land  of  the  British  ship  Wellesley, 
rushed  forward  at  the  head  of  their 
seamen,  and  soon  planted  the  vic- 
torious standards  of  their  respective 
nations  upon  the  walls,  where  they 
appeared  in  triumph  in  the  midst 
of  the  unresisting  Turks  of  the  gar- 
rison. One  hundred  pieces  of  can- 
non, a  garrison  of  1078  men,  pro- 
visions for  six  months,  and  an  abun. 


414 


ANNUAL  REGISTER,  1827-8-9. 


dance  of  warlike  stores,  attested 
the  prowess  which  might  have  been 
necessary  to  achieve  the  conquest 
of  the  place. 

On  the  same  day  Coron  was  in- 
vested  by  a  part  of  the  brigade  of 
General  Sebastiani.  The  com- 
mandant  of  the  place,  though  in- 
formed  of  the  fall  of  Navarino  and 
of  Modon,  still  thought  it  necessary 
to  make  some  show  of  resistance. 
General  Maison  sent  some  of  his 
sappers  to  scale  the  walls,  but  they 
were  received  by  showers  of  stones, 
and  some  of  them  wounded.  Gene, 
ral  Maison  restrained  his  troops, 
impatient  as  they  were  to  avenge 
this  insult ;  but  took  his  measures 
for  a  regular  storm  of  the  place. 
The  line  of  battle  ships,  French 
and  British,  the  Amphitrite,  Bres- 
law,  and  Wellesley,  were  brought 
to  bear  their  broadsides  upon  the 
fort.  The  commandant  was  alarm- 
ed, and  after  obtaining  permission 
to  send  a  Turkish  officer  to  ascer- 
tain the  fate  of  Modon,  upon  his 
return  delivered  up  his  post  on  the 
same  conditions.  Eighty  pieces  of 
cannon  or  mortars,  with  stores  of 
provisions  and  ammunition,  were 
found  here,  as  at  the  other  places. 
The  fortifications  were  externally 
in  better  condition  than  those  of 
Navarino,  but  within  the  walls  were 
mere  heaps  of  ruins. 

Patras,  and  the  castle  of  the  Mo- 
rea,  only  remained  to  be  taken. 
For  that  purpose,  General  Maison 
had  sent  his  third  brigade,  com- 


manded by  General  Schneider,  two 
days  before  the  evacuation  of 
Navarino,  by  Ibrahim.  General 
Schneider,  after  summoning  Hadji. 
Abdullah,  the  commandant,  and 
giving  him  twenty-four  hours  to 
answer,  immediately  afterwards 
formally  invested  the  place.  The 
Pasha  capitulated  both  for  Patras 
and  for  the  castle.  .But  the  Turk- 
ish Agas,  who  there  commanded, 
refused  to  comply  with  the  capitu- 
lation, declaring  that  they  would 
sooner  bury  themselves  under  the 
ruins  of  the  fort.  General  Schneider 
was  obliged  to  commence  a  regular 
siege.  The  Commander-in-chief, 
embarked,  with  a  company  of  mi. 
ners,  and  all  his  artillery,  and  1,500 
men,  in  the  squadrons  of  Admiral 
Rigney,  sending  on  two  regiments 
of  infantry,  and  his  light-horse,  by 
land.  On  the  23d  of  October,  he 
landed  before  the  castle,  and  erect- 
ed several  batteries  to  assail  it,  both 
in  front  and  flank.  The  seamen  of 
the  allied  squadrons  here  also  per. 
formed  their  part  in  the  works.  On 
the  30th  of  October,  at  six  in  the 
morning,  the  batteries  were  open- 
ed ;  in  four  hours,  a  sufficient  breach 
was  made.  The  assault  was  ren- 
dered unnecessary,  by  the  appear- 
ance of  a  flag  of  truce,  and  the 
white  flag  upon  the  walls.  Gene- 
ral Maison  refused  to  grant  a  ca- 
pitulation, but  threatened  to  put  the 
whole  garrison  to  the  sword,  if  the 
place  should  not,  in  two  hours  be 
surrendered  at  discretion.  He  al- 


GREECE. 


415 


lowed  to  the  Agas,  only  half  an 
hour  to  open  the  gates  and  appear 
before  him  without  arms.  They 
submitted,  and  the  General,  in  the 
name  of  the  allied  powers,  took 
possession  of  the  castle.  The  gar- 
rison was  well  treated ;  but  to 
punish  the  officers  for  their  resist- 
ance to  the  capitulation  of  Patras, 
General  Maison  required  the  sur- 
render of  their  arms  ;  and  distribu- 
ted among  the  superior  officers  of 
the  French  and  British  forces,  a 
number  of  costly  sabres  and  yati- 
gans. 

There  were  at  Patras  and  in  the 
castle,  about  2,500  persons,  Turk- 
ish  families,  whom,  at  their  own  de- 
sire, Admiral  Rigney  sent  in  twelve 
vessels,  to  Smyrna ; — and  from  that 
time,  there  was  not  a  single  Turk, 
Arab,  or  Egyptian,  in  the  Grecian 
Peloponessus. 

The  object  of  the  expedition, 
their  expulsion,  having  been  then 
accomplished,  the  French  troops 
took  up  their  quarters  in  the  places 
rescued  from  the  Turks  ;  General 
Maison,  with  Generals  Durrieu,  and 
Sebastiani,  at  Navarino  and  Mo- 
don ;  Generals  Higonet  and  Schnei- 
der, at  Patras.  Here,  in  their  quar- 
ters, the  surviving  troops  had  the  op- 
portunity of  recovering  from  the 
diseases,  which  the  climate  and  the 
season  had  brought  on  them,  and 
which,  in  the  course  of  two  months, 
had  carried  off  five  or  six  hundred 
of  their  men. 

The  object  of  the  expedition  ha- 


ving thus  been  effected,  measures 
were  taken  for  withdrawing  the 
French  army  from  the  Morea.  One 
of  the  three  divisions  embarked, 
with  all  their  sick,  and  all  whose 
term  of  service  had  expired,  on  the 
29th  of  December,  commanded  by 
General  Higonet,  and  returned  to 
France. 

The  war  between  the  Turks 
and  Greeks,  which  had  thus,  by 
the  intervention  of  the  allied  pow- 
ers, been  de  facto  suspended  in  the 
Morea,  was  in  the  mean  time,  re- 
kindled  with  great  violence  in  the 
island  of  Candia.  The  Greek  go- 
vernment sent  a  flotilla  with  about 
one  thousand  men,  to  aid  the  Spha. 
kiots,  Greek  mountaineers  of  the 
southern  part  of  the  island,  who  had 
risen  in  insurrection  against  the 
Turks.  Hadschi  Michali,  com- 
mander  of  the  Grecian  troops,  had 
occupied,  and  fortified  with  in- 
trenchments,  the  castle  of  Franco- 
Castello  on  the  sea-shore.  Musta- 
pha  Pasha,  the  Turkish  commander, 
with  a  force  of  3000  men,  part  re- 
inforcements from  Egypt,  and  part 
Candiots,  marched  against  the  cas- 
tle, and  took  it,  after  a  bloody  con- 
flict, in  which  Hadschi-Michali  kill- 
ed  several  Turks  with  his  own 
hands,  and  finally  fell,  with  four  hun- 
dred of  his  men.  The  rest  capitula- 
ted,and  were  sent  home  in  two  Greek 
schooners,  which  had  been  cruising 
near  the  island.  The  Pasha,  in  re- 
turning to  Retimo,  was  attacked  by 
the  Sphakiots  in  the  defiles  of  Ano 


416 


ANNUAL  REGISTER,  1827-8-9. 


koron,  and  left  500  of  his  men,  and 
alibis  baggage.  This  was  followed 
by  other  bloody  actions,  and  by  the 
massacre  of  more  than  one  thou- 
sand Christians,  without  distinction 
of  age  or  sex,  at  Candia,  Retimo, 
and  the  eastern  parts  of  the  island. 
These  cruelties,  instead  of  quench- 
ing,  spread  wider  the  flames  of  the 
insurrection,  and  gave  rise  to  spi- 
rited,  but  fruitless  remonstrances 
from  the  ambassadors  and  admirals 
of  the  allied  powers. 

In  western  Hellas,  a  new  and 
fruitless  attempt  was  made  upon 
Prevesa.  A  flotilla  of  thirty-five 
sail,  including  two  schooners,  two 
steam  batteries,  and  several  brigs, 
commanded  by  Captain  Passano, 
were  to  have  entered  the  gulf  of 
Arta,  and  to  support  General 
Church's  troops,  destined  to  attack, 
in  two  separate  divisions,  Prevesa 
on  one  side,  and  Vonitza  on  the 
other  ;  but  the  project  failed.  Cap- 
tain Passano's  flotillas  wasted  their 
ammunition  in  a  cannonade,  with- 
out venturing  to  enter  the  gulf; 
and  General  Church  resumed  his 
positions,  to  await  the  effect  of 
achievements  and  negotiations  in 
other  quarters. 

The  President,  Capo  d'Istrias, 
by  a  proclamation  dated  the  26th 
of  August,  1828,  gave  notice  of  the 
expected  arrival  of  the  French  ar- 
my,  of  which  he  had  been  informed 
by  a  letter  of  the  12th  of  that  month, 
from  the  French  minister  of  foreign 
affairs. — That  the  object  of  this  ex- 


pedition  was  to  force  Ibrahim  Pa- 
sha to  evacuate  the  Morea. — That 
this  had  been  agreed  upon  by  the 
three  courts,  parties  to  the  treaty 
of  6th  July,  1827  ;  and  that  as  cir- 
cumstances did  not  permit  the 
courts  of  London  and  St.  Peters- 
burg to  furnish  their  contingents 
to  the  expedition,  the  king  of 
France  had  taken  it  wholly  upon 
himself. 

Another  circular  of  the  President, 
addressed  to  the  Panhellenion,  and 
to  the  commissaries  extraordinary 
of  the  general  departments,  inform- 
ed them  that  he  had  received  a 
letter  from  Mr.  Stratford  Canning, 
Count  Guillaminot,  and  the  Mar- 
quis Ribaupierre,  dated  the  13th  of 
August,  1828,  at  Corfu,  announcing 
that  they  had  received  orders  from 
their  courts,  to  open  communica- 
tions  with  the  Greek  government, 
for  the  purpose  of  carrying  into 
execution  the  treaty  of  the  6th  of 
July,  1827  ;  and  by  means  of  pre- 
liminary conferences  of  preparing 
the  elements  for  the  pacification 
of  Greece,  conformably  to  the  ba- 
ses agreed  upon  by  that  treaty. 

In  order  to  be  ready  for  entering 
upon  those  conferences,  the  above 
plenipotentiaries  had  requested  cer- 
tain statistical  information,  which 
the  president  declared  he  had  since 
the  preceding  month  of  February, 
been  constantly  endeavouring  to 
collect ;  and  which  he  invites  those 
to  whom  his  circular  is  addressed, 
to  furnish  him,  as  soon  as  possible. 


GREECE. 


417 


and  ds  auihentic  as  it  could  be  ob- 
tained. The  points  of  inquiry 
specially  indicated,  are,  1.  In 
the  parts  of  Greece  which  have 
been  the  theatre  of  war,  what  has 
been,  and  what  is  the  proportion 
between  the  Greek  and  Turkish 
inhabitants  ?  '2.  What  is  in  those 
provinces,  the  proportion  between 
the  landed  property  of  the  Greeks, 
and  of  the  Turks  ?  3.  What  is 
t;  a  proportion  between  the  landed 
property  of  the  Turks,  belonging 
to  religious  establishments,  and  to 
individuals  ?  4.  What  is  the  num- 
ber of  Greek  citizens,  now  in  the 
said  provinces,  and  what  the  num- 
ber of  those  who  have  taken  refuge 
in  the  islands  of  the  Archipelago, 
at  Calamp,  and  in  its  neighbour- 
hood ?  5.  What  may  be  the  fairly 
estimated  value  of  the  houses,  plan- 
tations of  trees,  olive  gardens,  and 
flocks  of  cattle,  and  other  objects, 
destroyed  by  Ibrahim  Pasha,  since 
the  treaty  of  the  6th  of  July,  1827. 

Soon  after  this  proclamation,  is- 
sued on  the  26th  of  August,  at 
Egina,  the  president  proceeded  to 
the  head  quarters  of  the  French 
army,  at  Petalidi,  leaving  a  com- 
mission of  government,  to  act  dur- 
ing his  absence,  composed  of  nine 
persons,  members  of  the  ministry, 
and  of  the  Panhellenion,  and  of 
whom  his  brother  Viario-Capo 
d'Istrias  was  one.  After  confer- 
ring with  General  Maison,  and  the 
admirals  of  the  allied  squadrons, 
he  repaired  to  Poros,  where  on  the 

VOL.  III. 


10th  of  September,  the  conferences 
of  the  three  ambassadors  had  been 
opened  upon  the  question  of  the 
independence,  and  the  boundaries 
of  Greece.  Shortly  afterwards  ar- 
rived, in  a  Russian  man  of  war, 
Count  Bulgari,  as  minister  of  the 
Emperor  of  Russia,  to  the  Grecian 
government.  This  diplomatic  re- 
cognition, was  the  first  formal  ac- 
knowledgment of  Grecian  inde- 
pendence. It  was  soon  followed 
by  the  arrival  of  a  Consul  General, 
Mr.  Dawkins,  from  Great  Britain. 

On  his  return  to  Egina,  the  25th 
of  October,  he  found  the  people 
rejoicing  for  the  evacuation  of  the 
Morea  by  Ibrahim  Pasha,  but  some- 
what alarmed  at  the  rumours  in 
circulation,  of  the  narrow  limits, 
which  it  was  apprehended  the  al- 
lied powers  were  disposed  to  give 
to  Greece.  It  was  understood  that 
the  three  ambassadors  had  declar- 
ed to  Count  Capo  d'Istrias,  that 
the  Morea,  and  the  Cyclades  islands 
were  under  the  protection  of 
the  three  courts  ;  but  that  beyond 
them,  the  government  of  Greece 
was  advised  to  undertake  no  en. 
croachment  upon  the  Turkish  ter- 
ritory. 

This  advice,  however,  was  not 
considered  by  the  president  as  equi- 
valent to  a  prohibition.  The  mili- 
tary preparations  of  the  Greeks 
were  continued  with  perseverance 
throughout  the  close  of  the  year. 
There  were  not  in  all  Greece,  more 
than  two  thousand  five,  hundred 
53 


418 


ANNUAL  REGISTER,  1827-8-0. 


men,  formed  into  regular  regiments. 
An  expedition  against  the  island  of 
Candia  was  projected,  and  aban- 
doned.  In  the  beginning  of  No- 
vember, General  Ypsilauti,  with 
about  two  thousand  men,  marched 
from  Megara,  upon  Livadia.  The 
place  was  held  by  Muhurdar  Aga, 
with  one  thousand  Albanians,  more 
ready  to  mutiny  for  arrears  of  pay, 
than  to  fight.  He  capitulated  on 
the  18th  of  November,  engaging 
with  his  men,  not  to  bear  arms 
against  the  Greeks  during  the  war, 
and  withdrew  towards  Zeitotim. 
Ypsilanti,  continued  his  march, 
driving  the  Turks  before  him,  to 
Salone,  the  garrison  of  which,  con- 
sisting  of  eight  hundred  Albanians, 
on  the  29th  of  November,  surren- 
dered the  place  upon  condition  that 
they  should  have  liberty  to  march 
off,  with  their  arms  and  baggage. 

Towards  Lomotico,  the  Chili- 
arch  Ketzo  Tzavellas  defeated  a 
corps  of  one  thousand  Turks,  who 
lost  their  baggage,  and  were  almost 
all  destroyed,  excepting  about  fifty 
prisoners,  whom  Tzavellas  branded 
upon  the  forehead,  and  sent  in  that 
condition  to  Egina.  The  ambas- 
sadors at  Poros,  vehemently  remon- 
strated against  this  cruelty,  which 
Tzavellas  had  inflicted  in  revenge 
lor  a  threat  of  mutilation  from  his 
Turkish  adversary. 

In  western  Hellas,  General  Tret- 
zal,  with  one  thousand  eight  hun- 
dred or  two  thousand  men,  took 


possession   of  the   defiles  la  the 
mountains  of  Agraphia. 

On  the  16th  of  November,  1828,, 
at  a  conference  between  th'e  minis- 
ters of  the  three  allied  powers  at 
London,  the  French  plenipotentiary 
gave  information,  that  the  direct 
and  immediate  object  of  the  French 
expedition  to  the  Morea  had  been 
accomplished,  by  the  cessation  of 
hostilities,  and  the  evacuation  of 
the  country  by  the  Turkish  ar.d 
Egyptian  troops.  Several  pro- 
jects were  then  submitted  to  the 
conference,  with  a  view  to  guard 
the  pacified  country  against  a  new 
invasion,  when  the  French  troops 
should  be  withdrawn.  The  British 
and  Russian  plenipotentiaries  select- 
ed,  among  the  projects  presented, 
that  which  they  thought  it  would  be 
most  advisable  to  adopt.  It  was 
then  agreed,  that  it  should  be  left  to 
the  discretion  of  the  French  go- 
vernment, whether  in  evacuating 
the  Grecian  peninsula,  a  certain 
number  of  the  French  troops  should 
be  left  there  for  a  certain  time. 
That  the  Morea,  and  adjoining  is- 
lands, and  those  commonly  called 
the  Cyclades,  should  be  placed 
under  the  provisional  guaranty  of 
the  three  courts,  until  the  fate  of 
the  country  should  be  definitive- 
ly  settled  in  concert  with  the  Porte, 
without  intending,  however,  in  any 
manner  to  prejudge  the  question  of 
the  final  boundaries  of  Greece. 
For  the  determination  of  this  ques- 


VH>I>,  it.  \vas  resolved  to  invite  the 
Porte  to  a  negotiation,  to  be  com- 
menced forthwith.  And  it  was  fur. 
ther  concluded,  that  the  allied  courts 
should  notify  the  Ottoman  Porte ; 
by  a  declaration  which  the  ambas. 
sador  of  the  Netherlands  at  Con- 
stantinople, should  be  requested  to 
deliver ;  that  they  provisionally 
took  the  Morea,  the  adjoining 
islands,  and  the  Cyclades,so  called, 
under  their  protection. 

The  declaration  referred  to  in 
the  protocol  of  this  conference, 
was  accordingly  afterwards  deli- 
vered to  the  Porte,  upon  the  arrival 
of  the  French  messenger  Jaubert 
at  Constantinople,  in  January, 
1829.  After  several  conferences 
with  the  Reis  Effendi,  he  received 
verbally  for  answer  to  this  decla- 
ration, that  the  Porte  wished  for 
peace,  and  in  order  to  establish  it, 
desired  definitively  to  come  to  an 
understanding  with  Great  Britain 
and  France ;  but  could  not  admit 
Russia  to  join  in  this  mediation. 
That  on  the  arrival  of  plenipoten- 
tiaries from  the  other  two  powers, 
the  Sultan  would  immediately  ap- 
point negotiators  on  his  part.  But 
that  this  was  not  to  be  considered 
as  a  renunciation  of  his  rights  upon 
the  Morea  ;  and  his  actual  attitude 
towards  that  country  was  only  a 
provisional  armistice,  maintained  in 
order  to  give  Great  Britain  and 
France  a  proof  of  his  good  dispo- 
sitions. 

The  answer  of  the  Ottoman  Porte 


was  submitted  to  the  three  courts, 
parties  to  the  treaty  of  6th  Ju!\ . 
1827,  and  served  as  the  foundation 
for  the  conference  of  their  minis- 
ters    at    London    on  the   22d   of 
March,  1829.     They  agreed  upon 
the  course  further  to  be  pursued 
by  them,  which  is  fully  set  forth  in 
the  protocol  of  that  date,  signed 
by  Prince  Lieven,  the  Duke  de  Po. 
lignac,  and  the  Earl  of  Aberdeen. 
At  this  conference  it  was  agreed, 
that  ambassadors  from  Great  Bri- 
tain and  France  should  immediate- 
ly proceed  to  Constantinople,  and 
there   open   a  negotiation   in  the 
name  of  the  three  powers,  for  the 
pacification  of  Greece.     The  first, 
object  of  the   proposition   to   the 
Porte,  related  to  the  boundary  of 
Greece.     It  was  that  on  the  con- 
tinent the  line  commencing  at  the 
entrance    of    the    gulf   of   Volo, 
should  proceed  from  thence  to  the 
head  of  the  Othryx,  and  follow  its 
course  to  the  summit  east  of  Agra- 
pha,  which  forms  a  point  of  junc- 
tion with  the  chain  of  the  Pindus. 
From  this  summit  it  should  descend 
into  the  valley  of  Ospropotomos, 
by  the   south   of  Leontis,   which 
should  be  left  to  Turkey.    Thence, 
traversing  the  chain  of  the  Macri- 
noros,  it  was  to  include  in  the  ter- 
ritory of  Greece  the  defile  of  that 
name    running  from  the   plain  of 
Oerta,  and  which   should   end  at 
the  sea,  by  the  gulf  of  Ambricia. 
All  the  provinces  south  of  this  line 
should  be  comprised  in  the  new 


A:\NDAL  REGISTER, 


Greek  territory ;  the  islands  adja- 
cent to  the  Morea,  the  island  of 
Euboea  or  Negropont,  and  the  isl- 
ands commonly  called  the  Cycla- 
des,  to  form  a  part  of  the  new  state. 

It  was  agreed  also  that  a  pro- 
posal should  be  made  to  the  Otto- 
man Porte  in  the  name  of  the 
three  powers,  that  the  Greeks 
should  pay  a  yearly  tribute  of 
fifteen  hundred  thousand  piastres  ; 
the  value  of  the  Turkish  piastre 
compared  with  the  Spanish  dollar 
to  be  determined  by  agreement. 
But  in  consideration  of  the  penury 
to  which  Greece  was  reduced,  the 
first  year's  tribute  should  be  not 
less  than  one  fifth,  nor  more  than 
one  third  of  the  total  tribute.  And 
it  should  gradually  be  increased 
for  four  years,  till  it  should  attain 
the  maximum  of  1,500,000  pias- 
tres, and  at  that  rate  should  be 
permanently  fixed. 

It  appears  by  the  protocol  of  the 
same  conference,  that  the  three 
courts  had  further  agreed  upon  the 
following  principles,  with  regard  to 
the  pacification  of  Greece. 

1.  That  the  indemnity  to  be 
paid  by  the  Greeks  to  individual 
Mussulmen  for  the  loss  of  their 
property  in  Greece,  should  be  de- 
termined by  a  joint  commission  of 
Turks  and  Greeks  ;  and  in  cases 
in  which  they  should  not  agree,  by 
a  joint  commission  of  appeal  and 
arbitration,  composed  of  commis- 
sioners appointed  by  the  allied 
powers. 

9.  That  Greece  should  enjoy  a 


qualified  independence  under  the 
sovereignty  of  the  Porte  ;  a  go- 
vernment, to  approach  as  nearly 
as  possible  the  monarchical  forms, 
under  a  Christian  hereditary  prince; 
not  to  be  of  the  reigning  family  of 
either  of  the  three  allied  powers — 
the  first  choice  to  be  made  by  them 
in  concert  with  the  Porte  :  at  every 
succession  of  the  hereditary  prince, 
an  additional  year's  tribute  to  be 
paid  to  the  Porte,  and  in  the  event 
of  the  extinction  of  the  reigning 
branch,  the  Porte  should  partici- 
pate in  the  choice  of  a  new  chief. 

3.  Mutual  acts  of  amnesty  to  be 
required  of  the  Porte,  and  of  the 
Greek  government.     And  all  the 
Greeks  who  may  be   desirous  of 
quitting  the  Greek  territory,  shall 
be  allowed  by  both   governments 
one  year  to  sell  their  property  and 
to  depart.     The  commercial  rela- 
tions    between     the    Turks     and 
Greeks  to  be  regulated  in  future. 

4.  The  ambassadors  of  France 
and  Great  Britain  are  authorized 
to  require  of  the  Porte,  the  main- 
tenance  of  the   armistice,   which 
the  Reis  Effendi,   by  a  letter  of 
10th  September,  1828,  to  the  re- 
presentatives of  the  allies  in  the 
Archipelago,  had  declared  to  exisl 
in  fact  on  the  part  of  the  Turks 
towards  the  Greeks.     The  allied 
courts  were  to  demand  a  like  ar- 
mistice of  the  provisional  govern- 
ment of  Greece  ;    and  that  they 
should  recall  their  troops,  who  had 
gone   beyond   the   line  drawn   as 
above   from  Volo  to  Arta.     This, 


GREECE. 


421 


however,  was  not  to  prejudice  the 
future  question  of  the  boundaries. 

These  arrangements,  when  con- 
cluded with  the  Porte,  were  to  be 
placed,  according  to  the  6th  article 
of  the  treaty  of  July,  1827,  under 
the  guaranty  of  those  of  the  sign- 
ing  powers,  who  should  deem  it 
useful  or  possible  to  contract  the 
obligation.  But  the  guaranty  to 
secure  the  Ottoman  Porte  and  the 
Greeks  reciprocally  from  every 
hostile  enterprise  against  each 
other,  was  to  take  effect  from  the 
date  of  this  conference. 

Russia  consented  not  to  be  di- 
rectly represented  by  a  plenipo- 
tentiary at  this  negotiation  ;  but 
the  ambassadors  of  France  and 
Great  Britain  were  pledged,  to 
conclude  no  arrangement  depart- 
ing from  this  basis,  and  to  conduct 
the  negotiation  in  the  name  of  Rus- 
sia, as  well  as  of  France  and  Eng- 
land. All  the  propositions  were 
to  be  offered  in  the  name  of  the 
three  powers,  parties  to  the  treaty 
of  6th  July,  1827  ;  and  no  demand 
to  exclude  Russia  directly  or  indi- 
rectly from  the  negotiation,  was  in 
any  case  to  be  admitted.  The 
Emperor  of  Russia  consented  to 
be  represented  by  the  ambassadors 
of  France  and  England  ;  and  they, 
in  turn,  were  to  consider  them- 
selves as  authorized  by  the  Empe- 
ror to  treat  for  him  as  well  as  for 
their  own  sovereigns.  The  pro- 
tocol of  the  present  conference 
was  to  serve  them  for  instructions  ; 


and  they  were  to  receive  orders  to 
repair  immediately  to  Constanti- 
nople, and  enter  upon  the  negotia- 
tion. 

Sir  Robert  Gordon  was  shortly 
afterwards  appointed  the  British 
ambassador  to  the  Porte  ;  but  it 
was  near  the  middle  of  July  be- 
fore he  and  Count  Guilleminot  the 
French  ambassador,  arrived  at 
Constantinople.  Sir  Robert  Gor- 
don had  two  splendid  recep- 
tions, the  first  on  the  18th  of  July 
by  the  Kaimacan,  in  the  place  of 
the  Grand  Vizier,  (who  it  will  be 
recollected  was  at  Shumla,)  and 
the  other  by  the  Sultan  in  person 
on  the  25th  of  July,  at  his  camp  at 
Terapia,  in  a  magnificent  tent 
under  an  old  plane  tree,  said  to 
have  once  sheltered  the  tent  of 
Godfrey  of  Bouillon.  These  cere- 
monies were  remarkable  only  for 
variations  from  the  ancient  usages 
of  the  Sultans  in  the  reception  of 
Christian  ambassadors  ;  particular- 
ly those  of  a  humiliating  character 
to  the  ambassador  received.  These 
would,  indeed,  have  been  quite  un- 
seasonable at  that  time  ;  for  in  the 
interval  between  the  two  recep- 
tions, Diebitch  had  descended  the 
southern  slope  of  the  Balkan.  Sir 
Robert  Gordon  and  Count  Guille- 
minot had  sundry  conferences  with 
the  Reis  Effendi.  What  progress 
they  made  in  the  pacification  of 
Greece,  is  of  little  interest  now  ; 
for  we  have  seen  that  on  the  14th 
of  September,  Diebitch  signed  with 


422 


ANNUAL  REGISTER,  1827-8-9. 


the  Turkish  plenipotentiaries,  at  his 
head  quarters,  a  treaty,  by  the  6th 
article  of  which  the  Sultan  formal, 
ly  acceded  to  the  treaty  of  6th  July, 
1827. 

The  principles  of  the  conference 
of  22d  March,  1929,  could  be  con- 
sidered by  the  Greeks  in  no  other 
light  than  as  a  calamity.  They 
bore  the  British  stamp,  and  dis- 
closed an  utter  want  of  feeling  for 
the  people  to  be  relieved.  But 
Sir  Robert  Gofdon  upon  his  way 
to  Constantinople,  transcended  even 
his  instructions  of  the  protocol.  On 
his  passage  through  Smyrna,  he 
directed  the  British  consul  at  that 
place  to  declare  as  follows : 

"  The  Greek  government  having 
published  two  decrees,  one  of  which 
relating  to  the  blockade  of  the 
coasts  of  Attica,  of  Negropont  and 
of  Volo,  and  proclaimed  the  ex- 
tension of  this  blockade  to  the 
coasts  of  Western  Greece,  the 
merchants  of  this  place  are  hereby 
notified,  that  not  only  these  block- 
ades are  not  acknowledged  by 
Great  Britain,  at  a  time  when  she 
is  engaged  in  a  negotiation  having 
for  its  object  the  pacification  of 
Greece,  but  that  the  most  positive 
measures  will  be  taken  by  the 
commander  of  his  majesty's  fleet 
in  the  Mediterranean,  to  prevent 
the  slightest  opposition  to  the  free 
commerce  of  British  subjects,  with 
both  coasts  of  this  continent.  It 
must  be  needless  to  gay,  that  the 
raising  of  the  blockade  of  the  ports 


of  Candia  by  Greek  vessels,  is  ni' 
eluded  in  this  notice.  The  com 
plete  unlawfulness  of  that  block- 
ade is  in  full  proof,  since  it  is 
understood  by  the  allied  powers, 
that  in  no  case  whatever  can  the 
Island  of  Candia  form  a  part  of  the 
future  Greek  state." 

From  the  time  of  the  arrival  of 
Count  Capo  d'Istrias  in  Greece, 
his  labours  had  been  indefatigable 
in  organizing  the  different  branches 
of  the  public  service,  and  the  de- 
partments of  the  government.  The 
suppression  of  piracy,  the  forma- 
tion of  a  regular  military  force,  the 
institution  of  judicial  tribunals,  the 
establishment  and  maintenance  of 
schools  for  mutual  instruction,  the 
formation  of  a  system  for  collecting 
a  revenue,  and  the  providing  of 
means  of  subsistence  for  the  wretch- 
ed rempants  of  population,  which 
had  survived  the  desolation  of  the 
war,  occupied  all  his  attention,  and 
exercised  his  temperas  well  as  all  his 
faculties.  Having  no  constitutional 
standard  to  limit  the  exercise  of  his 
powers,  his  measures  were  some- 
times complained  of  as  arbitrary ; 
and  in  the  distracted  state  of  parties 
in  Greece,  it  was  not  possible  that 
his  measures  should  give  satisfac- 
tion to  all,  or  even  meet  with  uni- 
versal acquiescence.  In  Novem- 
ber, 1828,  he  proposed  to  the  Pan- 
hellenion,  to  take  immediate  mea- 
sures for  calling  together  the  fourth 
National  Assembly.  By  a  subse- 
quent decree,  Greece  wa«  divided 


GREECE. 


423 


mto  thirteen  departments ;  seven 
in  the  Morea,  and  six  for  the  Isl- 
ands. The  former  were,  Argolis, 
Capital, Napoli.  2.  Achaia,  Cala- 
vrita.  3.  Elis,  Gastouri.  4.  Up- 
per Messenia,  Arcadia.  5.  Lower 
Messenia,  Calatnata.  6.  Laconia, 
Mistra ;  and  7.  Arcadia,  Tripoliz- 
za.  The  latter  were  the  northern, 
central,  and  southern  Sporades, 
and  the  northern,  central,  and 
southern  Cyclades.  The  assembly 
met  at  Argos  ;  and  the  president, 
in  a  long  address,  on  the  23d  of 
July,  exposed  to  them  the  situation 
of  the  country,  and  the  measures 
adopted  by  him  since  he  had  been 
at  the  head  of  the  government. 
In  this  exposition  he  stated,  that 
after  the  establishment  of  the  Pan- 
hellenion,  their  first  efforts  had 
been  directed  to  introduce  a  gene- 
ral  system  of  order  and  regularity. 
That  to  this  end  it  was  considered 
indispensably  necessary  to  discard 
all  recurrence  to  arbitrary  power ; 
and  in  the  first  place  to  attend  to 
the  army,  the  navy,  and  political 
economy.  It  proceeds  thus  : 

"  The  decree  respecting  the  or- 
ganization of  the  regiments,  the 
edict  relating  to  the  marine  ser. 
vice,  and  the  measures  to  establish 
a  national  bank,  and  a  general 
college,  were  the  first  steps  to- 
wards  the  regulation  of  the  inte- 
rior. The  Archipelago  has  been 
freed  from  the  pirates  who  infested 
it,  and  who  cast  unmerited  infamy 
on  the  Greek  navy.  Our  valiant 


soldiers,  reassembled  at  Troezene 
and  Megara,  are  again  united  un- 
der their  standards  ;  those  very 
men,  I  say,  who,  dejected  by  the 
vicissitudes  of  fortune,  and  ex- 
hausted by  fatigues  and  sufferings, 
amid  the  confusion  might  naturally 
have  forgotten  every  feeling  of 
duty.  One  division  under  the  com- 
mand of  Admiral  Miaulis,  assured 
the  free  navigation  of  the  Archipe- 
lago, and  conveyed  to  our  distress- 
ed brethren  in  Chios  every  conso- 
lation, which  it  was  in  our  power 
to  offer.  A  second  division  under 
Vice  Admiral  Sachtouri,  was  des- 
tined for  the  blockade,  which  the 
admirals  of  the  allied  powers  com- 
pelled us  to  abandon." 

The  address  further  refers  to  thfc 
pestilential  disease,  introduced  by 
the  army  of  Ibrahim  Pasha,  which, 
after  spreading  over  the  islands  of 
Hydra  and  Spezzia,  even  extended 
its  ravages  to  Argos  and  other  pro- 
vinces  of  the  Peloponessus ;  to  the 
expulsion  of  Ibrahim  Pasha  and  his 
Egyptians,  by  the  efforts  of  Admi- 
ral Codrington,  and  the  landing  of 
the  French  army ;  upon  which  it 
adds,  that  "the  Greeks  of  the  con- 
tinent, watching  earnestly  to  see  the 
borders  of  the  Peloponesus  passed, 
manifested  their  wishes  in  this  re- 
gard. We,  ourselves,  hoped  to  see 
them  accomplished,  for  we  were  far 
from  apprehending  the  diplomatic 
act  which  decided  it  otherwise." 

The  address  acknowledges,  with 
warm  expressions  of  gratitude,  the 


424 


ANNUAL  REGISTER,  1827-8-9. 


benefits  of  the  French  military  ex- 
pedition,  and  also  of  the  pecuniary 
assistance  received  from  the  Em- 
peror  of  Russia,  and  the  king  of 
France.  It  alludes,  in  general 
terms,  to  the  conferences  with  the 
ambassadors  of  the  allies  at  Poros, 
and  to  information  there  required 
and  given.  It  says,  "I  deem  it 
useless  to  address  you  concerning 
the  causes,  which  have  prevented 
the  complete  execution  of  the  laws 
of  the  assembly  of  Epidaurus,  of 
Astraea  and  Troezene.  We  are 
of  opinion  that  the  same  causes  will 
operate  so  long  as  formal  treaties 
do  not  determine  the  boundary  of 
the  Greek  territory,  and  our  rela- 
tions with  the  mediating  powers, 
and  with  the  Ottoman  Porte." 

The  address  gives  also  a  state- 
ment of  the  receipts  and  expendi- 
tures of  the  government,  from  Janu- 
ary, 1828,  to  the  30th  of  April,  1829. 
It  mentions  an  effort  made  to  nego- 
tiate a  loan  of  sixty  millions  of 
francs,  under  the  protection  of  the 
allies ;  and  after  reminding  the  as. 
sembly  of  the  expectations  of  the 
country,  of  the  allied  powers,  and 
of  the  civilized  world,  pointed  at 
them,  thus  proceeds :  "  By  compa- 
ring the  past  with  the  present,  you 
will  not  find  it  difficult  to  put  in  prac- 
tice those  wise  measures,  which  may 
conduct  the  nation  to  that  state  of 
prosperity  which  is  reserved  for  it 
by  Divine  Providence." 

From  the  passages  here  quoted. 


it  is  apparent,  that  since  the  proto** 
col  of  the  conference  of  the  22d  ot 
March,  1829,  the  military  operations 
of  the  Greeks,  both  by  sea  and  land, 
had  been  arrested  by  the  interpo- 
sition of  the  allies.  In  January, 
however,  General  Church  had  ta- 
ken the  town  of  Vonitza,  and  the 
citadel  surrendered  about  the  20th 
of  March,  by  capitulation,  as  did 
the  castle  of  Roumelia  to  Augustin 
Capo  d'Istrias,  the  brother  of  the 
President,  on  the  26th  of  March. 

On  the  9th  of  February,  Mah- 
moud  Pasha  of  Livadia,  with  a 
corps  of  3000  infantry,  and  500 
horse,  attacked  the  Greeks,  com- 
manded by  the  Chiliarch  Vasso,  in 
their  intrenched  camp  near  Tolanti. 
The  Pasha  was  defeated  with  con- 
siderable loss.  Two  hundred  pri- 
soners, and  three  Turkish  standards 
fell  into  the  hands  of  the  Greeks. 
Livadia  and  Thebes,  where  Omar 
Pasha  commanded,  were  soon  after 
evacuated  by  the  Ottoman  troops. 
On  the  22d  of  April,  Lepanto  sur- 
rendered by  capitulation,  and  Mis- 
solonghi  and  Anatolia,  on  the  29th 
of  May.  After  the  fall  of  Misso- 
longhi,  3000  men  of  the  Greek 
troops,  from  the  siege,  marched  to 
reinforce  the  corps  then  blockading 
Athens,  which  yet  remained  in  pos- 
session of  the  Turks.  The  opera- 
tions were,  however,  soon  after  ar- 
rested, in  deference  to  the  wishes  of 
the  allied  powers.  Immediately 
after  the  meeting  of  the  assembly 


GREECE. 


425 


at  Argos,  General  Church  resigned 
his  commission  as  Commander-in- 
chief  of  the  forces  of  Greece. 

Such  was  the  state  of  things 
when  the  peace  between  Russia 
and  the  Porte  was  signed  at  Add- 
anople.  "  Sistimus  hie  tandem."  We 
here  suspend  our  narrative.  The 
allied  powers,  immediately  after 
the  peace,  resumed  their  confer- 
ences, to  determine  the  fate  of 
Greece,  and  the  result  of  their  de- 
liberations has  not  yet  been  made 
known.  We  have  not  heard,  that 
a  Grecian  plenipotentiary  has  been 
admitted  to  participate  in  them ; 
but  we  hope  that  the  condition  of 
the  Greeks  will  not  be  prescribed 
to  them  without  any  consultation  of 
their  opinions,  as  well  as  of  their 
interests.  We  believe  that  any 
settlement  of  the  affairs  of  Greece, 
and  of  the  Porte,  founded  upon  the 
European  balance  of  power,  will 
last  but  for  a  day.  "  Delenda  est 
Carthago."  The  total  expulsion 
of  the  Koran  and  its  Kajiph  from 
Europe,  is  sealed  in  the  book  of 
futurity ;  and  to  Russia  alone  it 
belongs,  to  break  that  seal.  Greece 
will  be  now  her  powerful  auxiliary 
to  accomplish  the"  work;  and  to 


secure  her  willing  aid,  Russia  must 
look  to  Greece,  not  for  a  man,  but 
for  a  nation.  She  must  secure, 
and  respect,  and  protect  her  inde- 
pendence.  The  peace  of  Adriano- 
ple,  is  the  signal  of  a  great  com- 
mercial, as  well  as  political  revo- 
lution. For  the  freedom  of  the  Eux- 
ine,  all  the  commercial  nations  are 
indebted  to  Russia  alone.  To  these 
United  States,  this  consideration  is 
perhaps  more  immediately  inte- 
resting than  any  other.  Let  it 
warn  them  where  to  look  for  their 
friends,  and  where  to  expect  their 
foes.  In  the  fate  of  Greece,  they 
have  sympathized  with  a  feeling 
equally  intense  and  disinterested. 
Should  a  monarchical  government, 
and  a  foreign  prince,  now  be  im- 
posed upon  that  nation,  they  will  at 
least  be  relieved  from  the  thraldom 
of  subjection,  or  tribute  to  the 
Turks  ;  and  the  day  cannot  be  re- 
mote, when  the  more  enlightened 
liberality  of  Russia  will  perceive, 
that  Greece  can  never  be  happy, 
prosperous,  nor  grateful,  without 
the  blessing  of  a  government,  sane- 
tioned  by  herself,  and  a  free  nation- 
al representation. 


Vor,.  III. 


CHAPTER  XVI, 


SPAIN. 


Political  condition  of  Spain — Arbitrary  and  liberal  parties — British 
policy — Camarilla — Royal  volunteers — Portuguese  affairs — Calamarde 
appointed  Intendant  of  police — Insurrection  in  Catalonia — Ferdinand 
at  Barcelona — Returns  to  Madrid — Removal  of  French  troops — Debt 
to  France — to  England — Finances — American  affairs — Earthquake. 


EVER  since  the  commencement 
of  the  revolutionary  contest  in 
France,  the  condition  of  Spain  has 
been  unsettled.  Notwithstanding 
the  natural  barriers  that  divide  the 
two  kingdoms,  and  the  striking  con- 
trast between  their  respective  na- 
tional characters,  the  fortunes  of 
France  have  always  materially  in- 
fluenced the  destiny  of  Spain; 
though  the  bigotry  and  inertness  of 
the  people,  the  power  of  the  priest- 
hood, and  the  direct  interference 
of  a  foreign  party  in  her  domestic 
affairs,  have  prevented  the  latter 
from  attaining  the  degree  of  pros- 
perity and  civil  freedom  to  which 
the  former  has  arrived,  in  her  poli- 
tical career.  What  improvement 
might  have  been  wrought  in  the  m- 
ternal  condition  of  Spain,  had  Na- 
poleon succeeded  in  extending  his 
sway  over  the  Peninsula,  is  a  pro- 
blem, of  which  the  national  spirit  of 
the  people,  jealous  of  foreign  usur- 
pation,  and  stimulated  by  the  ex- 


hortations of  their  clergy,  did  not 
permit  the  solution. 

Even  the  improvements  of  the 
age,  when  coming  under  the  coun- 
tenance of  a  revolutionary  dynasty, 
and  supported  by  a  French  army, 
could  not  be  rendered  acceptable 
to  a  high-spirited  nation.  But  the 
contest  that  ensued,  though  it  re- 
sulted in  the  re-establishment  of  the 
Bourbon  family  Upon  the  Spanish 
throne,  left  behind  the  seeds  of 
new  revolutions.  The  empire  of* 
Spain  was  no  longer,  what  it  wa3 
when  the  sun  never  set  on  her  pos- 
sessions. Her  former  colonies  wef  e 
now  independent  states,  and  rather 
the  cause  of  additional  expense, 
than  the  source  of  an  exhaustlesS 
revenue  to  the  parent  country. 

The  disordered  state  of  the  pub- 
lic finances  had  rendered  the  go- 
vernment inefficient ;  and  when  it 
manifested  any  vigour,  it  was  irre- 
gular, and  obviously  a  temporary 
and  transient  effort. 


ANNUAL  REGISTER,  1827-8.9. 


The  army  was  badly  fed  and 
clothed ;  the  navy  annihilated ;  and 
the  government  in  all  its  branches, 
corrupt  and  disorganized. 

Whilst  this  state  of  things  ren- 
dered  reform  necessary,  the  con- 
dition  of  the  nation  was  itself  fa- 
vourable to  political  changes  and 
convulsions. 

The  army,  the  mercantile  class, 
and  indeed  the  inhabitants  of  the 
3ea  ports  generally,  were  strongly 
imbued  with  liberal  principles. 
Without  any  definite  and  precise 
notions  of  constitutional  govern- 
ment, they  had  a  strong  bias  in  fa- 
vour of  free  institutions.  The  mass 
of  the  population  constituted  a  dif- 
ferent party.  Catholic  in  religion, 
and  strongly  national  in  their  cha- 
racter, they  were  easily  enlisted 
on  the  side  of  an  absolute  govern- 
ment, connected  indissolubly  with 
an  infallible  church. 

In  this  condition,  Spain  seemed 
a  fitting  field  for  the  contest  be- 
tween the  conflicting  parties  which 
divided  Europe.  Their  principles 
were  here  brought  into  direct  col- 
lision. 

A  people  deprived  of  the  reign- 
ing family,  had  instituted  a  new 
government  in  the  midst  of  war, 
and  in  the  very  face  of  an  over- 
whelming enemy,  by  which  a  por- 
tion  of  social  and  political  freedom, 
(small  indeed  when  compared  with 
what  is  enjoyed  in  this  favoured 
country,)  but  still  a  portion  of  civil 
liberty,  was  secured  to  the  nation- 


After  the  victory  was  achieved, 
their  sovereign,  returning  from  a 
captivity  which  would  have  been 
endless  without  their  glorious  ef- 
forts, placed  himself  at  the  head 
of  the  government.  Refusing  to 
recognise  the  constitution  of  1812, 
Ferdinand,  doubtless  encouraged 
by  his  apostolic  advisers,  over- 
turned the  government  of  the  Cor- 
tes,  and  assumed  the  absolute 
power  and  style  of  the  ancient 
monarchs  of  Spain. 

The  arbitrary  proceedings  which 
followed  this  usurpation,  and  the 
disorder  into  which  his  councils 
soon  plunged  the  kingdom,  led  to 
a  new  revolution,  and  the  constitu- 
tion of  1812  was  re-established  in 
1820. 

This  establishment  of  liberal  in- 
stitutions, by  a  popular  movement, 
was  stigmatized  in  the  continental 
courts,  as  revolutionary  ;  and  the 
armies  of  France  were  put  in  mo- 
tion, under  the  authority  of  the  holy 
alliance,  to  reinstate  Ferdinand  in 
his  absolute  throne.  The  issue 
was  now  fairly  made  up  between 
the  opposite  parties. 

On  one  side,  were  the  advocates 
of  absolute  power,  and  an  infallible 
church.  They  refered  to  the  holy 
gospel  as  the  source  of  sovereign 
authority ;  and  relied  on  theo. 
logical  dogmas,  for  proof  of  the 
right  of  monarchs  to  rule,  and  of 
the  pope  to  prescribe  the  bounds 
and  objects  of  catholic  faith. 

With  them,  the  subject  was  but 


SPAIN. 


429 


a  tool  in  the  hands  of  power  ;  and 
the  sovereign,  deriving  his  authori- 
ty from  heaven,  was  accountable 
only  to  the  Deity,  for  the  manner 
in  which  it  was  exercised. 

Human  reason  was  degraded  by 
this  system,  to  a  species  of  instinct 
in  the  lower  classes,  who  were 
unqualified  for  meddling  with 
church  or  state  affairs  ;  and  as  the 
experience  of  modern,  times  had 
shown  how  dangerous  its  scrutiny 
was  to  such  pretensions,  all  at- 
tempts  to  improve  and  invigorate 
it,  were  denounced  as  revolutiona- 
ry,  and  promotive  of  innovations 
and  disquietude. 

Education,  inasmuch  as  it  could 
not  be  prohibited,  was  to  be  confin- 
ed to  the  privileged  few,  and  to  be 
under  the  direction  of  the  church. 
The  press,  as  a  powerful  engine 
of  good  or  evil,  was  to  be  control- 
led by  the  government,  and  these 
sources  of  intelligence  being  pla- 
ced under  its  supervision  ;  it  had  it 
in  its  power  to  poison  at  the  foun- 
tain head,  the  streams  of  political 
and  religious  improvement. 

This  party,  aiming  at  such  vast 
and  unholy  designs,  was  in  posses- 
sion of  the  armies,  the  police,  and 
the  finances  of  the  greater  part  of 
Europe.  After  a  contest  of  a 
fourth  part  of  a  century,  it  had  suc- 
ceeded in  re-establishing  legitima- 
cy in  France,  and  in  forcing  back, 
for  a  moment,  the  swelling  tide  of 
political  improvement.  It  \vas  now 
Concentrating  its  forces  to  preserve 


the  power,  which  it  had  for  so  many 
centuries  abused,  and  to  check  and 
repress  the  rising  spirit  of  the  age. 

On  the  other  side  were  arrayed 
the  friends  of  freedom,  and  the 
supporters  of  liberal  institutions. 
This  party,  which  might  claim  kin- 
dred with  the  master  spirits  of  an- 
tiquity, could  prove  a  direct  and 
immediate  affinity  with  the  protes- 
tant  reformers  of  the  16th  century. 
Since  Luther  questioned  the  infal- 
libility of  the  papal  church,  it  had 
constantly  ranged  itself  on  the  side 
of  the  oppressed.  It  had  boldly 
attacked  the  prevailing  abuses  both 
in  church  and  state,  and  was  slow- 
ly but  gradually  extending  itself 
among  those,  who  groaned  under 
the  evils  which  flowed  from  the  ex- 
ercise of  unchecked  and  irresponsi- 
ble power.  The  religious  and  po- 
litical system  of  this  party  was  in 
opposition  to  the  doctrines  of  the 
papal  church,  and  to  the  feudal 
institutions  of  the  continent.  Re- 
garding man  as  a  free  and  moral 
agent,  it  required  him  to  judge  and 
act  for  himself.  It  rejected  all  in- 
fallible authority,  as  of  human  in- 
vention. Reason  was  bestowed 
upon  man  as  his  guide  ;  and  con- 
science was  given  to  him  to  warn 
and  correct.  All  political  authority 
was  delegated  for  the  benefit  of  the 
governed,  who  might,  whenever 
they  pleased,  call  their  rulers  to  a 
strict  account. 

These  principles  are  directly  op- 
posed to  those  of  the  ruling  party. 


430 


ANNUAL  REGISTER,  1827-8-9. 


and  from  their  very  nature,  must 
always  wage  unremitting  and  con- 
stant war  upon  all  institutions,  which 
are  not  based  upon  the  unalienable 
and  imprescriptible  rights  of  man. 

The  French  revolution,  in  all  its 
phases,  was  but  the  necessary  con- 
sequence of  open  and  uncompro- 
mising hostility  between  these  par- 
ties ;  and  though  its  results  were 
not  exactly  what  could  have  been 
wished,  still  no  one  can  doubt  that 
the  condition  of  France  is  vastly 
improved  by  the  tremendous  poli- 
tical convulsions  to  which  it  was 
then  subjected.  Its  success  was 
but  partial,  because  the  wild  ambi- 
tion of  Napoleon  roused  the  public 
opinion  of  Christendom  against  him, 
and  arrayed  even  the  oppressed, 
under  the  banners  of  the  oppres- 
sors, against  the  armies  and  de- 
signs of  France. 

The  revolution  in  Spain,  in  1820, 
was  an  effort  on  the  part  of  an  en- 
lightened  minority  of  the  nation,  to 
prevent  the  re-establishment  of  the 
ancient  system  of  tyranny  and  bi- 
gotry, which  was  manifestly  the  in- 
tention of  Ferdinand  and  his  advi- 
sers, and  to  avert,  if  possible,  the 
impending  ruin  of  that  beautiful 
kingdom. 

This  effort  was  unsuccessful,  be- 
cause the  arbitrary  principles  of 
Count  Metternich  and  the  French 
ultras,  then  predominated  in  the 
councils  of  the  holy  alliance  at  Ve- 
rona, where  it  was  determined  to 
restore  the  ancient  order  of  things 


in  Spain,  "  because,"  as  it  was  de- 
clared in  the  Laybach  circular, 
"every  change  which  does  not  sole- 
ly emanate  from  the  free  will,  the 
reflecting  and  enlightened  impulse 
of  those  whom  God  has  rendered 
responsible  for  power,  leads  to 
disorders  more  insupportable  than 
those  which  it  pretends  to  cure." 

To  this  determination,  the  Spa- 
nish constitutionalists  could  oppose 
only  a  feeble  and  ineffectual  resist- 
ance. The  people  of  Spain  were 
divided  in  feeling  :  Ferdinand  and 
all  his  adherents,  though  apparent- 
ly acquiescing,  were  in  reality,  ini- 
mical to  the  new  constitution,  and 
the  governments  and  armies  of  the 
continent,  were  in  the  hands  of  the 
absolute  party. 

England,  it  is  true,  dissented 
from  her  allies  on  this  occasion. 
But  although  she  was  not  able  to 
co-operate  with  them  in  putting 
down  the  Spanish  constitution,  she 
was  equally  unable  to  make  any 
effectual  opposition  to  their  designs. 
Her  position  between  those  con- 
tending parties  was  equivocal,  and 
her  conduct,  being  occasionally  in- 
fluenced by  conflicting  principles, 
was  vacillating  and  unsteady. 

Professing  the  Protestant  reli- 
gion, it  recognised  the  king  as  the 
head  of  the  church.  Denying  the 
infallibility  of  the  Pope,  it  did  not 
carry  out  the  principle  to  its  conse- 
quences, and  admit  the  right  of  pri- 
vate judgment ;  but  sustained  by  a 
system  of  pains  and  penalties,  th« 


SPAIN. 


church  and  its  peculiar  ceremonies 
and  tenets,  as  of  divine  institution, 
as  well  as  part  of  the  machinery  of 
the  government. 

Admitting  the  principle  of  popu- 
lar representation,  it  degraded  its 
origin  by  deducing  it  from  royal 
grants  ;  checked  its  power  by  the 
establishment  of  an  hereditary  aris- 
tocratic branch  of  superior  dignity, 
and  of  equal  authority ;  and  corrupt- 
ed  its  character  by  the  introduction 
of  mercenary  boroughs. 

Even  the  reigning  family,  al- 
though brought  in  by  a  revolution, 
claimed  by  the  right  of  descent 
from  the  same  ancestors  as  the 
Stuarts,  who  were  regarded  as  ab- 
dicating the  crown,  for  the  recove- 
ry of  which  they  had  three  times 
disturbed  the  kingdom  by  civil  wars. 
The  existence  of  these  contra- 
dictory principles  in  the  constitu- 
tion of  the  British  government, 
were,  of  themselves,  sufficient  to 
prevent.it  from  pursuing  a  consist- 
ent policy,  and  explained  many 
apparent  inconsistencies  in  the  po- 
litical course  of  that  cabinet. 

To  its  commercial  system,  how- 
ever, may  be  referred  most  of  the 
measures,  which  Great  Britain  has 
adopted  with  the  view  of  maintain- 
ing the  ancient  order  of  things. 

This  system  is  one  series  of  mo- 
nopolies, and  devices  to  appropri- 
ate the  trade  of  the  world  ;  and  its 
influence  is  controlling  over  the 
policy  of  the  government. 

To  the  movements  of  France  in 


Spain,  the  government  was  there- 
fore  unable  to  make  any  open  and 
effectual  opposition,  and  was  com- 
polled  to  witness  with  cold  disap- 
probation the  overthrow  of  the 
Spanish  constitution  by  foreign 
bayonets. 

It  better  suited  the  purposes  of 
British  diplomacy,  to  gain  its  share 
of  the  commerce  of  the  new  Spa- 
nish republics,  and  in  the  language 
of  the  late  Mr.  Canning,  "  to  look 
at  the  Indies,  and  to  call  a  new 
world  into  existence  to  redress  the 
balance  of  power."  The  recogni- 
tion of  the  independence  of  states, 
which,  with,  or  without  that  re- 
cognition,  were  independent  in  fact, 
and  were  dispensing  the  profits  of 
their  trade  to  all  countries  trading 
with  them,  was  productive  of  sub- 
stantial benefits.  Like  charity,  it 
brought  with  it  its  own  reward. 
The  contest  in  Spain  was  for  a 
principle,  dear  to  the  cause  of  free- 
dom,  and  essential  to  the  indepen~ 
dence  of  nations,  but  unproductive 
of  gain  to  British  commerce,  and 
not  immediately  connected  with 
British  interests. 

When  a  similar  attempt  was 
made  to  overturn  the  constitution 
of  Portugal,  though  with  less  bold- 
ness, and  rather  under  the  guise  of 
aiding  the  disaffected  and  rebel- 
lious  Portuguese,  than  in  the  shape 
of  open  war  ;  the  cabinet  of  St. 
James  determined  that  it  was  a 
fit  occasion  for  the  interposition  oi 
England,  and  that  the  new  and 


ANNUAL  REGISTER,  1827-8-9. 


liberal  institutions  of  Portugal  ought 
to  be  sustained  by  the  armies  and 
fleets  of  her  ancient  ally,  against 
all  foreign  interference. 

The  British  minister  then  saw, 
in  the  discontented  subjects  of  her 
continental  neighbours,  a  tremen- 
dous  power,  to  be  wielded  by  Eng- 
land against  every  nation  with 
which  she  might  be  at  variance. 
This  power,  however,  he  said,  he 
did  not  intend  to  use  at  that  time. 
"  Our  business,"  he  observes  in  his 
speech  on  the  affairs  of  Portugal, 
"  is  not  to  seek  out  opportunities 
for  displaying  it,  but  to  keep  it,  so 
that  it  may  be  hereafter  shown,  that 
we  knew  its  proper  use,  and  to 
shrink  from  converting  the  umpire 
into  the  oppressor : 

Celsa  sedet  Eolus  arce 

Sceptra  tenens ;  mollitque  animos  et  tem- 
pera! iras. 
Ni  facial,  oaaria  ac  terras  coelumque  pro- 

fundum 

Quippe  ferant  rapid!  secum,  verrantque 
per  auras." 

The  bold  and  imposing  attitude 
assumed  by  England  on  this  oc- 
casion, was  not  long  maintained. 

The  tories  of  England  were 
hardly  less  shocked  than  the  ultras 
of  the  continent,  at  the  bare  sug- 
gestion of  her  becoming  the  head 
of  the  revolutionary  party  of  Eu- 
rope.  They  regarded  this  intima- 
tion of  Mr.  Canning's  as  an  overt 
attempt  to  slip  the  leash  of  the  re- 
volutionary furies  of  war  and  an- 


archy, to  subvert  monarchical  in^ 
stitutions. 

They  probably  too  remembered 
that  in  their  own  wide-spread 
empire,  the  seeds  of  discontent 
were  as  thickly  sown  as  in  the  do- 
minions of  their  European  neigh- 
bours. Millions  of  enslaved  and 
oppressed  subjects  in  India,  groan- 
ing under  the  galling  yoke  of  a 
mercantile  despotism ;  the  colo- 
nists of  the  Canadas,  and  of  the 
West  Indies,  shut  from  their  natu- 
ral market,  by  a  strict  commercial 
monopoly;  and  the  catholics  oi 
Ireland,  remonstrating  against  the 
denial  of  their  long  withheld  natu- 
ral rights,  in  tones  which  were  ob- 
viously the  precursors  of  decisive 
and  violent  measures,  afforded  am- 
ple means  of  retaliation  to  the  ene- 
mies of  England.  Her  own  go- 
vernment was  not  placed  on  such 
a  stable  foundation,  that  it  could 
dispense  with  the  supports  of  pre- 
scriptions, and  ancient  usage.  It 
leaned  upon  the  prejudices,  as  well 
as  upon  the  interests  of  the  British 
nation.  In  a  general  war  of  opi- 
nions, when  all  the  political  ele- 
ments of  society  were  in  commo- 
tion, the  constitution  of  the  fast-an- 
chored  isle  might  be  exposed  to 
as  much  danger,  as  the  simpler  and 
more  arbitrary  governments  of  the 
continent. 

Influenced  by  considerations  simi- 
lar to  these,  the  successor  of  Mr. 
Canning  determined  to  stop  short 
in  the  career  in  which  the  govern- 


SPAIN. 


ment  had  adventured,-  when  impel- 
led  by  the  bold  and  original  genius 
of  the  late  premier. 

The  assistance  afforded  to  the 
constitutionalists  was  directed  to  be 
strictly  confined,  to  the  prevention 
of  foreign  interference  by  open 
force.  The  discontented  Portu- 
guese were  to  be  at  liberty  to  over- 
turn the  constitution  ;  and  the 
Spanish  government,  and  the  ultras 
and  apostolics,  might  afford  them 
any  indirect  aid  in  their  power. 
This  hesitation  on  the  part  of 
England,  encouraged  the  absolute 
party  to  proceed  in  their  designs. 
Their  objects  were  simple,  and 
their  course  was  plain.  So  long  as 
Spain  did  not  directly  appear  in 
the  field,  England  would  remain 
neutral.  Her  object  was  not  the 
maintenance  of  the  Portuguese 
constitution  ;  although  it  was  ob- 
viously of  British  origin  ;  but  to 
preserve  her  faith  with  her  old 
ally,  by  protecting  her  from  the 
arms  of  Spain.  * 

But  although  Ferdinand  and  his 
advisers  could  not,  without  exposing 
themselves  to  a  war  with  England, 
openly  attack  the  Portuguese  go- 
vernment ;  they  might  safely  fo- 
ment internal  dissensions,  and  ex- 
cite rebellions  among  its  subjects. 
The  object,  viz.  the  re-establish- 
ment  of  absolute  power,  might  be 
as  certainly  effected,  although  the 
honour  of  the  achievement  must 
be  left  to  the  inhabitants  of  Portugal. 

Every  assurance  was  therefore 

Voi.  III. 


given  to  the  British  minister  of  the 
pacific  intentions  of  Spain,  and  of 
her  determination  to  prevent  the 
organization  of  armed  expeditions 
against  Portugal,  within  her  terri- 
tories ;  and  at  the  same  time  the 
Portuguese  rebels  were  protected 
and  countenanced,  and  their  cha- 
racter and  designs  eulogised  in  the 
public  despatches  of  the  govern- 
ment. 

The  emigration  of  Portuguese 
troops  into  Spain,  was  imputed  to 
their  disaffection  to  the  constitu- 
tion, and  their  ardour  and  exalted 
sentiments  were  spoken  of,  as 
worthy  of  all  respect.  The  old 
device  of  a  cordon  sanataire  on  the 
frontier,  was  resorted  to,  and  an 
army  under  the  command  of  Gene- 
ral Sersfeld  was  stationed  on  the 
Tagus,  at  Talavera,  and  another, 
under  General  Rodil,  in  Estrema- 
dura,  between  Badajoz  and  Alcan- 
tara to  preserve  Spain  from  hostile 
contagion,  and  also  to  encourage, 
and  indirectly  countenance  the 
levies  of  Chaves. 

These  two  armies  were  paid  and 
maintained  by  church  funds,  and 
by  liberal  contributions  from  the 
ecclesiastics.     These  zealous  sup- 
porters of  the  papal  church,  regard, 
ed  these  armies  as  assembled  more 
with  the  view  of  restoring  the  an- 
cient  order  of  things  in  Portugal, 
than  of  defending  the  Spanish  fron 
tier ;  and  they  knew  that  their  pre 
sence   alone   would    give  counte 
nance  to  the  malcontents. 

55 


434 


ANNUAL  REGISTER, 


They  also  intended,  with  refer- 
ence  to  the  domestic  affairs  of 
Spain,  to  render  the  troops  depen- 
dent upon  the  church  for  their  sup- 
plies.  The  constitutionalists,  al- 
though dispersed  and  scattered, 
were  to  be  found  at  home,  as  well 
as  abroad.  A  large  portion  of  the 
nobility,  and  the  inhabitants  of  ci- 
ties, and  especially  of  the  sea-ports, 
belonged  to  this  party.  It  was 
desirable  to  place  Spain  beyond 
the  reach  of  all  attempts  at  inno- 
vation. They  therefore,  in  addition 
to  the  organization  andmaintenance 
of  these  armies,  contributed  to  the 
support  of  the  royal  volunteers, 
amounting  in  number,  to  350,000 
men.  This  body,  maintained  at  an 
annual  expense  of  $12,000,000,  is 
better  armed  and  disciplined  than 
ordinary  militia,  and  constitutes  the 
body  guard  of  the  church.  It  is 
composed  of  fanatics  in  the  country 
villages,  and  of  the  refuse  popula- 
tion of  the  cities  and  sea-ports  ;  and 
extending  itself  throughout  the  king- 
dom, forms  at  once,  a  voluntary 
police  to  repress  domestic  attempts 
at  revolution,  and  an  army  to  repel 
foreign  interference.  The  fanati- 
cism  of  its  members,  secures  the 
iidelity  of  this  corps  to  the  church  ; 
but  besides  this  bond,  it  is  also  de- 
pendent upon  it  for  pay  and  sub- 
sistence, as  well  as  for  protection 
against  the  liberals,  whom  they  have 
exasperated  by  numberless  acts  of 
oppression  and  violence.  Their 
onlv  hope  of  security  consists  in 


perpetuating-  the  present  condition 
of  affairs,  and  they  unhesitatingly 
follow  the  guidance  of  the  priests, 
and  secure  the  predominancy  of 
that  party.  The  peasantry,  too, 
brave,  vindictive,  impatient  of  con- 
trol, but  blindly  devoted  to  their 
spiritual  teachers,  though  spurning 
all  foreign  interference,  are  under 
the  same  influence,  and  give  to  it 
a  powerful  and  popular  support. 

Indeed,  the  Spanish  clergy  forms 
the  dominant  body  in  the  kingdom, 
which  directs  every  thing,  and  con- 
trols the  movements  of  the  govern- 
ment. It  is  wealthy,  and  every  day 
adds  to  its  possessions.  Its  num- 
bers are  great ;  there  being,  besides 
nuns,  servants,  singers,  &c.,  more 
than  100,000  monks  and  seculars. 
A  body  like  this,  acting,  as  it  were, 
with  one  mind,  and  governed  by 
one  will,  must  exercise  a  powerful 
influence  over  the  affairs  of  the 
kingdom.  It  forms  a  sort  of  ma- 
sonic society,  acting  in  secret,  and 
with  that  unity  of  will  and  senti- 
ment, which  results  from  a  com- 
mon interest,  and  implicit  obe- 
dience to  its  spiritual  head. 

It  is  asserted  that  the  various 
branches  of  the  public  service  are 
assigned  to  different  individuals^ 
and  that  as  complete  intelligence  is 
obtained  for  the  use  of  the  spiritual 
bureau  at  Madrid,  as  at  the  office 
of  the  minister  of  foreign  affairs. 
Indeed,  this  capital  was  the  seat  of 
a  double  government.  Ferdinand 
and  his  ministers,  ostensiblv  admi- 


SPAIN. 


43;- 


nistered  the  government,  but  the 
Camarilla  of  the  apostolics,  with 
M.  de  Calomarde  at  its  head,  ex- 
ercised  all  the  substantial  authority. 

The  king,  who,  with  great  pow- 
ers of  dissimulation,  is  rather  weak 
than  vicious,  and  whose  great  foible 
is  too  much  facility  of  disposition, 
possessed  all  the  symbols  of  power ; 
but  the  apostolic  party  enjoyed  the 
reality.  It  paid  the  army,  and  in 
return,  controlled  it.  The  officers 
of  the  government  were  accustom- 
ed to  receive  orders  from  its  repre- 
sentatives, of  an  opposite  tenor  from 
those  issued  by  their  royal  master, 
and  they  felt  secure  in  yielding  obe- 
dience to  the  former. 

The  views  and  principles  of  this 
party  went  very  far  beyond  the  bi- 
goted and  fanatical  and  arbitrary 
policy  of  the  court.  They  were 
exclusively  directed  to  the  aggran- 
dizement of  the  church ;  the  res- 
toration of  its  revenues,  and  the 
re-establishment  of  the  inquisition 
in  its  pristine  authority.  Politics, 
with  them,  were  but  the  means 
by  which  these  ends  were  to  be 
obtained  ;  and  their  political  system 
was  that  of  pure,  unmitigated  ar- 
bitrary power.  That  portion  of 
the  cabinet  which  did  not  also  form 
a  portion  of  the  Camarilla,  posses, 
sed  no  special  regard  for  civil  li- 
berty, but  it  was  jealous  of  ecclesi- 
astical supremacy.  They  were 
not  unwilling  to  extirpate  the  seeds 
of  revolution,  by  the  ordinary  ex- 
pedients adopted  in  despotic  go. 


vernments  ;  and  they  had  used  the 
dungeon  and  the  scaffold,  with  no 
sparing  hand  ;  but  they  feared  that 
the  restoration  of  the  inquisition  to 
its  ancient  rights,  would  diminish 
their  power.  They  also  knew  that 
upon  the  re-establishment  of  that 
body,  claims  would  be  urged  for  the 
restoration  of  its  property,  which, 
upon  its  abolition,  had  been  appro- 
priated by  the  crown.  They  hesi- 
tated, too,  in  their  policy  to  be  pur- 
sued towards  Portugal.  They  ha- 
ted the  liberal  institutions  establish- 
ed by  Don  Pedro  in  that  country, 
with  as  much  cordiality  as  the  apos- 
tolics  themselves ;  but  they  were 
not  inclined  to  plunge  the  kingdom 
into  a  hopeless  war  with  England, 
with  the  view  of  conferring  upon 
Portugal  the  blessings  of  unmixed 
despotism. 

The  apostolics,  on  the  contrary, 
blinded  by  fanaticism,  were  even 
willing  to  risk  a  war  to  subvert  the 
Portuguese  constitution;  and  the 
restoration  of  the  revenues  of  the 
inquisition  was  one  of  the  chief  ob- 
jects of  their  desire.  The  princi- 
ple of  this  party  was  therefor*,  ene 
of  opposition  to  the  policy  of  the 
government.  They  were  clamo- 
rous for  the  establishment  of  a 
sterner  despotism  than  that  of  Fer- 
dinand, and  they  had  already  or- 
ganized a  rebellion  in  Catalonia, 
having  for  its  object  the  restoration 
of  the  rights  of  the  church  ;  the  de- 
livery of  Ferdinand  from  his  advi- 
sers of  the  moderate  party,  or  the 


ANNUAL  REGISTER,  1827-8-9. 


elevation  of  Don  Carlos  to  the 
throne  in  the  place  of  his  brother, 
as  better  fitted  to  be  an  instrument 
of  bigotry  and  intolerance. 

Don  Carlos  has  always  professed 
to  be  a  zealous  son  of  the  church, 
and  being  naturally  of  a  cruel  dis. 
position,  and  fanatical  and  sangui- 
nary temperament,  he  is  the  idol  of 
the  priests,  who  regard  him  as 
a  worthy  successor  of  Philip  II. 
To  elevate  him  to  the  throne,  this 
rebellion  had  been  instigated,  and 
the  whole  mass  of  the  clergy,  from 
the  archbishop  to  the  curate,  had 
been  actively  engaged  in  preparing 
among  the  peasantry  the  materials 
of  an  insurrection,  whose  object 
was  a  more  severe  and  intolerant 
government  than  even  that,  which 
then  oppressed  the  energies  of 
Spain. 

The  history  of  mankind  does  not 
furnish  a  greater  perversion  of  the 
right  of  the  subject  to  resist  esta- 
blished authorities,  than  the  re- 
bellion in  Catalonia,  in  1827.  It 
was  a  civil  war  for  the  restoration 
of  arbitrary  power  to  the  govern- 
ment, and  the  re-establishment  of 
the  inquisition,  with  all  its  atten- 
dant and  indescribable  horrors.  It 
was  a  popular  movement  against 
the  rights  of  conscience,  and  civil 
and  social  freedom  i  and  afforded 
a  melancholy  illustration  of  the  de- 
basing and  withering  influence  of 
an  intolerant,  ignorant,  and  fanati- 
cal priesthood,  over  the  human 
heart.  This  rebellion,  of  which  an 


account  is  to  be  found  in  the  second 
volume  of  this  work,  did  not  sue. 
ceed  in  expelling  Ferdinand  from 
his  throne ;  nor  were  the  apostolics 
more  fortunate  in  their  attempts  to 
re-establish  the  holy  office.  They 
however  succeeded,  as  a  sort  of 
compromise,  in  placing  M.  de  Car 
lomarde,  the  head  of  the  Cama- 
rilla, at  the  head  of  the  department 
of  police. 

M.  Recacho,  the  former  super- 
intendant  general,  although  he  had 
directed  all  the  severe  measures 
taken  against  the  liberals  since  the 
overthrow  of  the  Cortez,  was  re- 
garded as  one  of  the  moderate  par- 
ty. He  had  occasionally  relaxed 
some  of  the  indiscriminating  de- 
nunciations of  the  government,  and 
he  had  sometimes  suspended  vexa- 
tious prosecutions  for  political  of- 
fences. His  chief  crime,  however, 
was  that  he  maintained  the  civil 
authority  of  the  crown,  and  resisted 
the  extravagant  demands  of  the 
fanatics.  The  means  of  obtaining 
information,  which  his  department 
gave  him,  enabled  him  to  detect 
and  expose  their  real  views  and 
character,  and  to  prove  the  con. 
nexion  of  the  Camarilla  with  the 
malcontents  in  Catalonia.  He  had 
displayed  more  activity  in  defeating 
their  plans  than  was  agreeable  to 
them ;  and  it  was  plain  that  he  wa$ 
unwilling  to  hazard  the  ruin  of  the 
kingdom,  in  carrying  into  effect  the 
projects  of  a  frantic  hierarchy. 

It.  was  therefore  necessary  to  re- 


SPAIN. 


437 


move  him  from  the  department  of 
police ;  and  the  imbecile  and  wa- 
vering  monarch  whose  views  he 
had  so  faithfully  promoted,  was 
easily  prevailed  upon  to  sacrifice 
him  to  the  intrigues  of  his  oppo- 
nents. In  the  beginning  of  Au- 
gust, 1827,  his  dismissal  was  an- 
nounced  to  him,  and  he  was  di- 
rected to  retire  into  Oviedo  in  As- 
turias.  Having  with  difficulty  es- 
caped from  the  rage  of  the  popu- 
lace and  volunteers  at  Madrid,  and 
having  received  information  that 
the  appointed  place  for  his  resi- 
dence was  equally  dangerous  for 
the  moderates,  he  determined  at 
once  to  quit  the  kingdom,  and  was 
fortunate  enough  to  reach  in  safety 
the  frontiers  of  Portugal. 

His  office  was  suppressed  di- 
rectly  after  his  departure,  and  the 
police  itself  was  incorporated  with 
the  department  of  Grace  and  Jus- 
tice, over  which  M.  de  Calomarde, 
the  head  of  the  Camarilla,  presided. 

The  ostensible  motive  for  uniting 
these  departments,  was  to  diminish 
the  public  burdens  ;  but  the  effect 
of  the  union  was  to  concentrate  all 
the  official  power  of  the  govern- 
ment  in  the  hands  of  those  who 
wielded  the  authority  of  the  church, 
and  who  had  hitherto  indirectly 
exercised,  though  with  occasional 
checks,  the  temporal  power  of  the 
crown. 

They  now  could  prosecute  their 
designs  without  impediment.  It 
was  soon  discovered  that  a  new 


and  more  rigorous  spirit  was  con- 
trolling  the  police.  Ordinances 
against  suspected  persons,  which 
had  long  slumbered  in  quiet,  were 
revived ;  individuals  who  had  been 
safe  under  the  old  superintendant, 
were  arrested;  and  a  commander 
of  guerillas,  General  Anoro,  who 
had  been  imprisoned  since  1823, 
and  who  was  probably  forgotten  in 
his  dungeon,  was  brought  forth  in 
the  light  of  day  to  expiate  on  the 
scaffold  an  old  political  offence,  in 
which  one  half  of  the  Spanish  peo- 
ple had  shared. 

An  addition  of  24,000  men  had 
been  authorized  to  be  made  to  the 
cordon  sanataire  early  in  the  year 
1827 ;  and  with  this  increase  in  the 
regular  army,  the  complete  orga- 
nization of  the  royal  volunteers, 
and  the  concentration  of  the  powers 
of  the  police  in  the  hands  of  the 
apostolics,  they  now  felt  strong 
enough  to  dispense  with  the  French 
troops  who  had  so  long  garrisoned 
some  of  the  fortified  towns,  and  at 
the  same  time  to  support  by  indi- 
rect means,  the  absolute  party  in 
Portugal.  An  active  correspond, 
ence  was  accordingly  kept  up  with 
Don  Miguel,  and  the  protection  of 
Spain  was  promised  to  him,  in  case 
of  his  failure.  The  British  minis- 
ter at  Lisbon  interposed  some  ob- 
stacles to  the  execution  of  their 
plan  ;  but  the  opposition  of  his  go- 
vernment, being  founded  on  no 
principle,  was  unsteady  and  luke- 
warm ;  while  their  hostility  was 


438 


ANNUAL  REGISTER,  1827-8-9. 


active,  uncompromising,  and  tho- 
rough. Great  Britain  confined  her 
defence  within  limits,  over  which 
the  enemies  of  the  charter  needed 
not  to  pass  in  order  to  destroy  it. 

In  such  a  contest  there  was  no 
equality  ;  and  the  friends  of  free  in- 
stitutions in  England,  were  com- 
pelled to  witness  the  subversion  of 
the  constitution  of  Portugal  by  the 
intrigues  of  Spain,  in  the  very  face 
of  her  fleets  and  troops,  attended 
with  the  entire  loss  of  her  influence 
over  her  ancient  ally,  at  the  mo- 
ment when  the  tory  party  was 
watching  with  no  less  anxiety  the 
humiliation  of  her  other  ancient 
ally — -the  Ottoman  Porte,  by  the 
arms  of  the  Christian  emperor  of 
the  Russias. 

Spain  had  the  gratification  of 
triumphing  in  this  contest  for  libe- 
ral institutions,  over  the  influence 
of  England ;  and  by  that  triumph, 
she  rendered  her  own  condition 
more  helpless  and  pitiable,  than 
the  least  powerful  of  her  late  trans- 
Atlantic  colonies. 

Of  all  those  vast  possessions  on 
which  the  sun  never  set,  nought 
remained  but  some  straggling  is- 
lands. Her  navy,  which  once  dis- 
puted the  empire  of  the  seas  with 
England,  was  now  reduced  to  a 
few  ships,  unable  to  cope  with  the 
hastily  equipped  vessels  of  her 
former  colonies. 

Her  army  was  only  maintained 
by  a  fanatical  spirit,  and  was  rather 
an  instrument  of  ecclesiastical  po- 


lice,  than  of  national  defence.  A 
day  of  solemn  retribution  seemed 
to  await  the  proud  monarchy  of 
Spain.  The  spirit  of  bigotry  and 
of  monopoly,  which  had  governed 
her  councils,  had  prepared  a  cup 
which  she  was  now  draining  to  the 
last  dregs  of  bitterness. 

Out  of  the  Peninsula,  her  influ- 
ence was  unknown  in  Europe,  and 
at  home,  the  inactivity,  in  every 
branch  of  industry,  and  the  death- 
like stillness  that  prevailed  through 
the  kingdom, — a  stillness  only  dis- 
turbed by  the  movements  of  bandit 
guerillas,  showed  that  the  spirit  of 
destruction  brooded  over  the  land. 

The  insurrection  in  Catalonia 
was  now  over  ;  and  the  punishment 
of  the  rebels  by  the  gibbet,  and  the 
gallies,  without  compunction,  had 
intimidated  the  rebels,  and  taught 
the  fanatical  priests,  who  had  been 
prominent  in  instigating  them,  the 
danger  of  anticipating  the  wishes 
of  their  superiors. 

We  left  Ferdinand  last  year  on 
the  theatre  of  insurrection,  where 
his  presence  was  deemed  necessa- 
ry to  quell  the  revolt,  ostensibly 
set  on  foot  to  augment  his  au- 
thority. 

Whilst  engaged  in  the  pacifica- 
tion of  the  province,  by  decrees  of 
amnesty,  which  were  not  observed, 
and  by  executions  and  arrests, 
which  were  carried  into  full  effect, 
he  was  joined  by  his  young  queen, 
who  became  somewhat  impatient 
at  his  protracted  stay. 


SPAIN. 


She  arrived  at  Valencia  the  latter 
part  of  October,  and  after  sojourn- 
ing a  month  in  that  city,  proceeded 
with  her  royal  spouse  to  Barcelo- 
na. Their  entrance  into  this  city 
was  intended  to  make  an  impres- 
sion on  the  public  mind  ;  and  if 
fetes,  and  processions,  and  the  shouts 
of  a  fanatic  populace,  could  be  re- 
garded as  conclusive  indications  of 
grateful  joy,  Ferdinand,  indeed, 
was  the  beloved  monarch  of  Spain. 

By  an  arrangement  with  the  go- 
vernment of  France,  that  portion 
of  the  army  of  occupation,  which 
had  been  stationed  at  Barcelona, 
was  withdrawn  ;  and  on  the  28th  of 
November,  1827,  the  French  com- 
mandant surrendered  the  exterior 
posts  to  the  Count  de  Villemur, 
who  assumed  the  command  of  the 
city.  The  French  troops  returned 
to  their  own  country,  accompanied 
with  the  regret  of  the  inhabitants 
of  Barcelona.  Indeed,  many  of 
them,  rather  than  expose  them- 
selves to  the  vengeance  of  the  apos. 
tolic  party,  departed  from  Spain 
with  these  troops,  who  came  as 
enemies  ;  but  under  whose  military 
supervision,  they  had  experienced 
greater  tranquillity,  and  happiness, 
than  they  hoped  for  under  the  civil 
rule  of  their  own  government. 

This  apprehension  was  well 
founded.  While  the  evacuation 
was  going  on,  the  Spanish  officers 
who  entered  the  town  were  warn- 
ed not  to  have  any  communication 
with  individuals  suspected  of  enter- 


taining  constitutional  sentiments; 
and  on  the  3d  of  December,  when 
their  majesties  were  about  to  enter 
the  place,  handbills  were  affixed  to 
the  public  buildings  warning  all, 
who,  under  the  fatal  reign  of  the 
constitution  had  been  deputies  or 
public  officers,  to  seize  the  moment 
still  permitted  them,  to  escape  from 
punishment.  This  intimation  cast 
terror  into  the  minds  of  many,  who 
were  prepared  to  celebrate  the  re^ 
storation  of  the  town  to  her  ancient 
sovereigns  and  more  than  three 
thousand  fled  from  the  place,  as 
from  a  city  afflicted  with  pestilence. 

The  next  day,  however,  when 
the  royal  pair  entered  Barcelona, 
every  demonstration  of  joy  was 
manifested  by  the  remaining  inhabi- 
tants. They  traversed  the  city  in 
a  triumphal  chariot,  drawn  by 
twelve  persons  clad  in  white,  and 
attended  by  an  immense  crowd  of 
citizens,  to  the  palace  prepared  for 
their  reception. 

Here  they  were  publicly  con- 
gratulated by  the  magistrates.  Fer- 
dinand, being  a  titular  canon  of 
Barcelona,  took  possession  of  his 
prepend,  and  received  the  arrears 
for  six  years,  and  five  hundred 
ounces  of  gold.  In  the  evening  the 
city  was  illuminated,  and  as  if  in- 
tended for  a  covert  sarcasm  upon 
the  character  of  the  deliverer  mo- 
narch, an  allegorical  transparency 
applied  the  veni,  vidi,  vici,  of  the 
conqueror  of  Gaul,  to  the  imbecile 
and  priest-ridden  Ferdinand.  The 


44U 


ANNUAL  REGISTER,  1827-8-9. 


king  being  now  temporarily  estab- 
lished in  his  royal  palace,  occupi- 
ed himself  in  pacifying  that  part  of 
his  dominions,  in  his  own  peculiar 
manner.  The  promised  amnesty 
was  not  regarded,  having  been  re- 
jected in  the  council  of  state  by  the 
Carlist  party. 

A  military  commission  at  Tar- 
yagona,  was  constituted  to  inquire 
into  the  causes  of  the  rebellion  ; 
and  though  the  laity  on  that  com- 
mission differed  from  their  clerical 
colleagues  as  to  its  causes, — they 
attributing  it  to  the  intrigues  of  the 
church,  while  the  others  charged 
it  upon  the  too  great  moderation 
of  the  government ;  there  was  no 
great  difference  of  opinion,  as  to 
the  kind  of  means  to  be  employed 
to  eradicate  its  seeds.  Severity,  of 
course,  was  to  be  resorted  to  ;  and 
though  the  priests  were  obliged  to 
acquiesce  in  the  punishment  of 
some  of  their  instruments,  they  felt 
compensated  by  the  tone  given  to 
the  government,  in  which  they 
were  fully  assured  of  preserving 
their  full  share  of  influence. 

The  Count  d'Espagne,  with 
most  admirable  impartiality,  caused 
all,  whether  constitutional  or  apos- 
tolic rebels,  to  be  shot  without  dis- 
tinction. Among  others,  the  no- 
torious  Boshams  Jeps  del  Estanys, 
shared  the  fate  due  to  his  fanatical 
treason. 

This  brigand  had  fled  into 
France,  upon  the  dispersion  of  his 
forces  in  the  latter  part  of  1827, 


with  the  view  of  waiting  a  favour- 
able moment  to  resume  his  projects. 

Towards  the  end  of  January, 
1828,  he  left  his  asylum,  either 
from  fear  of  being  delivered  up,  or 
because  he  thought  the  severities 
of  the  court  against  the  apostolics 
had  exasperated  the  country,  and 
re -entered  Catalonia.  Troops  were 
immediately  despatched  against 
him,  and,  after  at  first  escaping 
from  his  pursuers,  who  followed  him 
from  mountain  to  mountain,  he  was 
finally  taken  on  the  frontier  be- 
tween the  two  kingdoms,  by  Mira. 
sol,  an  aid  of  the  Count  d'Espagne. 

The  capture  of  this  individual, 
known  for  forty  years  in  Catalonia 
as  a  guerilla, — seventeen  times  ar. 
rested  for  offences  which  would 
have  brought  him  to  the  scaffold, 
had  not  his  services  to  the  cause  of 
royalty  shielded  him,  produced 
great  excitement  at  court,  where  it 
was  supposed,  that  Boshams  was  in 
possession  of  documents  proving 
the  part  taken  by  many,  then  in 
favour,  in  instigating  the  late  in- 
surrection.  Some  surprise  was  ex- 
pressed,  that  he  was  not  at  once 
shot,  as  one  taken  in  flagrant  re- 
bellion ;  and  not  a  little  alarm  was 
manifested,  when  it  was  understood 
that  one  of  the  magistrates  of  Bar- 
celona had  gone  to  take  his  con- 
fession in  prison.  Whatever  may 
have  been  the  nature  of  his  revela- 
tions, they  were  not  deemed  of 
sufficient  importance  to  save  his 
life ;  and  the  consternation  at  court, 


SPAIN. 


441 


soon  subsided,  upon  hearing  that  he 
was  shot  with  three  of  his  com- 
panions, on  the  13th  of  February, 
as  traitors.  That  he  was  deserted 
by  his  coadjutors,  was  too  manifest 
from  his  conduct  at  the  place  of 
execution,  where,  although  a  zea- 
lous catholic,  he  showed  the  great- 
est aversion  to  the  attendant  priests, 
and  refused  all  ghostly  comfort  at 
their  hands. 

By  these  severities,  the  court 
extinguished  rebellion,  although  the 
province  was  rendered  discontent, 
ed,  and  abounded  with  brigands 
and  bandit  guerillas. 

After  the  dismissal  of  the  Villele 
cabinet  in  France,  a  more  mode- 
rate  course  was  pursued,  and  the 
Canon,  Avella,  the  chief  of  the 
Catalonian  apostolics,  and  Presi- 
dent of  the  society  of  the  extermi- 
nating  angel,  who  now  began  to 
enjoy  great  influence  at  court,  in- 
terposed to  protect  many  of  the 
misguided  agents  in  the  late  rebel- 
lion. 

Ferdinand  continued  to  reside, 
with  his  queen,  at  Barcelona,  until 
the  9th  of  April,  when  he  com- 
menced  his  return  to  Madrid.  His 
progress  through  the  provinces  was 
slow  ;  and  in  the  various  towns,  in 
the  larger  of  which  he  made  a 
short  stay,  he  was  received  in  a 
manner  which  indicated  that  a  large 
portion  of  the  people  were  either 
ignorant  or  insensible  to  the  evils 
which  his  bigoted  misrule  had  en- 
tailed upon  his  kingdom. 

VOL.  IIT. 


His  entrance  into  Madrid  on  the 
llth  of  August,  was  celebrated  by 
spectacles,  bull  fights,  illuminations, 
fire-works,  and  cries  of  long  live 
the  king,  the  pacificator. 

If  the  quiet  of  moral  and  politi- 
cal death  may  be  deemed  peace, 
then  Ferdinand  deserved  this  title. 
Spain  was  pacified,  and  continued 
in  that  state,  with  but  two  interrup- 
tions, until  the  termination  of  our 
present  history.  Some  symptoms 
of  an  insurrectionary  spirit  were 
manifested  in  Catalonia,  upon  the 
triumph  of  Don  Miguel's  party  in 
Portugal ;  and  a  revolt  took  place 
among  the  gardeners  at  Saragossa, 
on  account  of  the  clergy's  demand- 
ing a  tithe  of  their  vegetables. — 
The  former  was  quelled  by  Count 
d'Espagne  with  his  usual  severi- 
ties ;  and  the  latter  was  more  easily 
pacified  by  an  order  of  the  Cap- 
tain General,  St.  Marc,  exempt- 
ing the  gardeners  from  the  odious 
exaction.  Catalonia,  Arragon,  Va- 
lencia, and  Murcia,  were  disturbed 
by  bands  of  armed  men,  plunder 
ing  travellers,  and  occasionally  at- 
tacking villages  ;  but  no  organized 
insurrection  breaking  out,  the  king, 
dom  was  deemed  in  a  state  of  tran- 
quillity. 

Arrangements  had  been  mado 
with  the  French  government,  for 
the  entire  withdrawal  of  the  army 
of  occupation,  during  the  year  1828. 
The  evacuation  of  Barcelona  took 
place  as  already  stated  ;  and  in  the 
month  of  September,  the  garrison 
56 


442 


AiNJXUAL  REGISTER,  I8a7-a-y. 


of  Cadiz,  and  the  isle  of  Leon, 
commenced  their  home  ward  march. 
Before  the  1st  of  December,  the 
French  troops  had  all  returned, 
leaving  Spain  in  debt  to  the  French 
government  80,000,000  francs,  for 
the  expenses  of  the  army  of  occu- 
pation. The  amount  of  this  debt 
was  disputed  by  the  government  of 
Spain  ;  and  it  was  contended  that 
it  should  be  offset  against  certain 
sums  due  from  France,  by  virtue 
of  the  treaties  of  1814  and  1815, 
and  also  against  the  value  of  Flo- 
rida,  transferred  to  the  United 
States.  After  long  negotiations,  it 
was  finally  agreed  to  liquidate  the 
amount  at  80,000,000  francs,  bear- 
ing  an  interest  of  three  per  cent, 
and  subject  to  an  annual  reduction 
of  1,600,000  francs.  Thus  termi- 
nated the  French  invasion  of  Spain, 
in  the  overthrow  of  the  constitu- 
tion ;  in  the  abolition  of  the  cortez ; 
in  the  banishment  of  the  most  distin- 
guished soldiers  and  patriots  of 
Spain ;  in  the  re-establishment  of 
the  absolute  government,  and  a  fa- 
natic and  insane  hierarchy  ;  in  the 
impoverishing  of  the  kingdom,  and 
in  fixing  upon  the  government  a 
debt  beyond  its  ability  to  pay.— 
Such  were  the  results  of  this  inva- 
sion,  which  inflicted  a  deeper  wound 
upon  social  freedom,  and  aimed  a 
more  deadly  blow  at  the  indepen- 
dence of  nations,  than  any  event 
in  Europe,  since  the  partition  of 
Poland. 

"While  tlie  negotiation  was  pend- 


ing between  France  and  Spain  for 
the  liquidation  of  the  claims  of  the 
former,  a  similar  negotiation  was 
going  on  for  the  adjustment  of  the 
claims  of  British  subjects  upon  the 
latter.  These  claims  grew  out  of 
supplies  furnished  to  the  Spanish 
authorities  during  the  peninsular 
war,  and  also  for  confiscations  of 
British  vessels  contrary  to  the  law 
of  nations.  After  having  exhaust- 
ed every  means  of  procrastination, 
Spain  finally  agreed,  in  1823,  that 
a  joint  commission  should  be  ap- 
pointed to  determine  in  a  summary 
way,  upon  the  validity  of  these 
claims. 

The  commission  met,  and  after 
a  sitting  of  eighteen  months,  had 
determined  in  favour  of  only  four 
out  of  more  than  300  claims. 

It  was  then  ascertained,  that 
the  only  chance  of  obtaining  any 
thing,  was  to  offer  to  take  a  portion 
of  the  claims  in  satisfaction  of  the 
whole.  After  some  negotiation 
with  the  claimants,  which  was  in- 
vited on  the  part  of  Spain,  a  propo- 
sition  was  made  by  them  to  accept 
£900,000  in  full,  for  the  total 
amount  of  the  claims,  which  exceed- 
ed ,£3,000,000. 

Having  obtained  this  offer,  the 
Spanish  government  used  it  as  an 
evidence  that  the  real  claim  did 
not  exceed  that  amount.  A  most 
disgraceful  series  of  chicanery,  and 
violations  of  faith  and  agreements, 
then  ensued  on  the  part  of  the  Spa- 
nish  government,  until  at  length 


SPAIN. 


443 


the  matter  was  brought  before  the 
Parliament,  with  the  view  of  indu- 
cing government  to  coerce  Spain 
into  the  performance  of  her  obliga- 
tions. This  movement  produced 
its  proper  effect  upon  the  Castilian 
character ;  and  Spain,  as  she  al- 
ways has  done  for  the  last  century, 
yielded  to  the  first  demonstrations 
of  British  spirit,  what  she  had  re- 
fased  to  the  suggestions  of  honour 
and  justice. 

In  the  month  of  October,  1828, 
a  convention  was  concluded,  by 
which  Spain  agreed  to  pay 
£900,000,  in  satisfaction  of  the 
claims,  in  the  following  instalments : 

£200,000  on  the  8th  of  Decem- 
ber, 1828. 

£200,000  on  the  8th  of  March, 
1829. 

£350,000  on  the  8th  of  June, 
1829. 

£150,000  on  the  8th  of  Septem, 
ber,  1829. 

It  was  much  easier,  however,  to 
ascertain  the  amount  of  her  debts, 
than  to  provide  the  means  of  dis- 
charging them.  In  1827,  the  ex. 
penses  of  the  government  had  been 
reduced  by  the  council  of  state,  to 
427,000,000  reals,  and  the  revenue 
for  the  same  year,  only  equalled 
400,000,000. 

In  1828,  the  expenses  were  esti- 
mated at  454,000,000  reals,  and  the 
revenue  at  460,000,000,  besides  an 
excess  of  6,500,000  of  receipts 
from  the  caisse  d'amortissement. 
But  the  public  distress,  the  reduc- 


tion  of  pensions,  and  the  failure  in 
the  government  payments,  all  led 
to  the  conclusion  that  these  esti- 
mates were  not  well  founded,  and 
that  there  was  better  reason  to  ap- 
prehend a  further  deficiency.  Va- 
rious attempts  were  made,  without 
success,  to  obtain  a  loan  at  Lon- 
don and  Amsterdam,  to  enable  the 
government  to  comply  with  these 
new  engagements. 

At  Paris,  the  attempts  were 
more  successful,  and  a  loan  of 
240,000,000  reals,about  12,000,000 
dollars,  was  made  at  fifty  per  cent, 
discount,  upon  the  pledge  of  the 
monopoly  of  tobacco,  for  the  pay- 
ment of  the  interest.  Notwithstand- 
ing the  deplorable  state  of  her 
finances,  the  confusion  prevailing 
in  every  branch  of  the  public  ser- 
vice, the  impoverished  and  disor- 
dered condition  of  the  kingdom, 
Ferdinand  and  his  ministers  obsti- 
nately rejected  every  proposition 
to  revive  the  intercourse  with  her 
former  colonies,  by  an  acknowledg- 
ment of  their  independence. — 
Every  effort  was  made  to  induce 
the  court  to  yield  to  the  necessity 
which  severed  the  connexion  ;  and 
the  minister  of  the  United  States, 
Alexander  H.  Everett,  in  a  diplo- 
matic communication  to  the  minis- 
ter of  foreign  affairs,  which  will  be 
found  in  the  second  part,  most  ably 
and  eloquently  pourtrayed  the  con- 
sequences likely  to  result  from  fur- 
ther withholding  the  acknowledge- 
ment. These  representations  did 


ANNUAL  REGISTER,  1827-9-9. 


not  produce  the  desired  effect.  On 
the  contrary,  with  the  blind  in- 
fatuation, which  seems  to  charac- 
terize the  movements  of  that  go- 
vernment, it  determined  to  un- 
dertake  their  reduction  to  their  for- 
mer state  of  vassalage. 

D 

In  the  summer  of  1828,  an  ex- 
pedition of  eight  or  ten  vessels  of 
war,  carrying  2,500  men,  departed 
from  Rota  for  Havana,  with  the 
view  of  making  a  descent  upon 
Mexico. 

An  account  of  the  fate  of  that 
expedition  will  be  found  in  the  chap, 
ter  on  Mexico.  It  was,  what  might 
indeed  have  been  anticipated,  to- 
tally defeated  ;  but  few  returning, 
and  those  as  prisoners,  to  tell  the 
story  of  their  disasters.  Earth- 
quakes too,  contributed  to  augment 
the  disasters  of  this  unhappy  coun- 
try. On  the  13th  of  September, 
1828,  and  for  several  succeeding 
days,  severe  shocks  were  felt  on  the 
Mediterranean  shore  near  Murcia. 

Many  houses  were  thrown  down 
in  Torre  de  la  Mata  ;  and  at  Mur- 
cia, the  inhabitants  had  prepared 
to  leave  the  city. 

A   phenomenon  occuring   near 


Madrid,  also  indicated  the  disturb* 
ed  and  agitated  state  of  the  interior 
of  this  portion  of  the  globe. 

Flames  broke  out  from  the  earth 
in  the  midst  of  dense  clouds  of 
smoke,  and  excited  great  alarm 
among  the  superstitious  multitude. 
These  indications  of  future  convul- 
sions, which  indeed  might  be  re- 
garded as  alarming,  when  referred 
to  their  real  cause,  were  awfully 
realized  in  the  spring  of  the  suc- 
ceeding year.  On  the  21st  of 
March,  1829,  the  province  of  Murcia 
was  visited  with  one  of  those  tre- 
mendous earthquakes,  which  so  for- 
cibly reminds  us  of  the  insignifi- 
cance of  human  power.  In  Mur- 
cia, the  capital  of  the  province, 
not  an  edifice  remained  uninjured. 
Several  houses  were  thrown  down, 
and  many  persons  buried  under 
their  ruins.  La  Mafa  Torre  Vejo, 
Rafal,  Almoravi,  and  Benejuza, 
were  totally  destroyed,  and  great 
numbers  of  their  inhabitants  pe- 
rished. St.  Fulgencia  and  Guar- 
damar,  entirely  disappeared  ;  and 
in  many  other  towns  and  villages, 
the  destruction  of  lives  and  proper- 
ty was  incalculable. 


CHAPTER  XVII. 


PORTUGAL- 

Condition  of  the  Kingdom  under  the  Constitution— Assembly  of  Chambers 
— Don  Miguel's  return — Swears  to  maintain  the  charter — Tumults — 
Return  of  British  troops — Charter  abolished — Revolt  at  Oporto — De- 
feat of  Constitutionalists — Cortes  convoked — Don  Miguel  proclaimed — 
Protest  of  Brazilian  Ambassadors — Tyranny  of  Don  Miguel — Reduc- 
tion of  Madeira — Proceedings  of  Don  Pedro — Arrival  of  Donna  Maria-. 
Lands  in  England — Attack  on  Terceira. 


THE  contest  so  long  prevailing 
throughout  Europe,  between  the 
advocates  of  constitutional  govern- 
ments, and  the  blind  supporters  of 
absolute  monarchy,  which  has  been 
alluded  to  in  the  preceding  chapter, 
was  still  raging  within  the  limits 
of  this  unfortunate  kingdom.  We 
have  related  in  our  first  and  second 
volumes,  the  separation  of  Portugal 
from  the  Brazils,  by  the  voluntary 
acts  of  Don  Pedro,  the  legitimate 
representative  of  the  house  of  Bra- 
ganza  ;  his  conditional  abdication 
in  favour  of  his  eldest  daughter, 
Maria  de  Gloria ;  and  that  one  of 
the  conditions  was  the  acceptance 
of  a  constitutional  charter,  aug. 
menting  the  personal  and  political 
privileges  of  the  Portuguese  sub- 
ject, and  granting  religious  tolera- 
tion to  all  foreigners  within  the 
country.  Among  a  people  capable 
of  appreciating  the  blessings  of 
freedom,  this  charter  would  have 
been  received  with  the  warmest 


feelings  of  gratitude,  and  every 
day  would  have  acquired  for 
it  new  friends,  and  additional 
strength  ;  but  the  majority  of  the 
Portuguese  nation,  bigoted,  priest 
ridden  and  ignorant,  possessed  no 
idea  of  constitutional  government, 
except  as  connected  with  modern 
innovation,  and  revolution  ;  while 
an  absolute  king  was  associated  in 
their  minds  with  the  doctrines  of 
an  infallible  church  and  the  an- 
cient glory  of  Portugal. 

The  exciting  events  of  the  last 
twenty  years,  although  they  had 
roused  the  public  mind,  and  direct- 
ed it  to  the  consideration  of  politi- 
cal affairs ;  had  not  prepared  the 
Portuguese  nation  for  the  favoura- 
ble reception  of  a  liberal  form  of 
government.  The  oppressions  and 
cruelties  of  the  French  invaders, 
and  the  privations  and  sufferings 
of  the  country  during  the  war,  had 
left  a  distaste  for  all  political  chan- 
ges, and  a  longing  for  that  state  of 


446 


ANNUAL  REGISTER,  1827-8-9. 


comparative  tranquillity  and  pros- 
perity, which  the  kingdom  had  en- 
joyed  under  the  sway  of  its  absolute 
sovereigns. 

The  presence  of  the  British 
troops,  too,  in  their  capital,  but  ill  ac- 
corded with  their  ideas  of  national 
dignity.  It  too  forcibly  reminded 
them  of  their  dependent  and  en- 
feebled condition,  and  led  them  to 
think,  that  even  a  constitutional 
government  might  be  too  dearly 
purchased,  when  foreign  bayonets 
were  necessary  to  maintain  it.  It 
was  not  forgotten,  that  a  British 
minister  had  negotiated  the  peace 
with  Brazil  by  which  her  exten- 
sive American  possessions  were 
lost  for  ever  to  Portugal ;  that  the 
same  minister  had  brought  the 
charter  from  Brazil  to  the  Tagus  ; 
and  now  a  British  force  had  arriv- 
ed to  sustain  it  ostensibly  against 
the  intrigues  and  unlawful  enter- 
prises of  Spain,  but  in  effect 
against  domestic  as  well  as  foreign 
violence. 

Sentiments  of  this  description 
were  industriously  circulated  among 
the  people,  by  the  monks,  and  their 
political  brethren,  the  advocates 
of  an  absolute  monarchy.  A  strong 
party  was  thus  formed  against  the 
constitutional  government,  formida- 
ble from  its  activity,  and  its  con- 
centrated  energy,  blindly  submis- 
sive to  one  directing  will.  The  in- 
subordination and  rebellious  move- 
ments and  intrigues  of  this  absolute 
party  were  scarcely  repressed  by 


the  presence  of  the  British  troops  ; 
although  the  forcible  interference 
of  Spain,  in  behalf  of  a  politico- 
religious  brotherhood,  so  congenial 
to  the  sentiments  of  that  govern, 
ment,  was  prevented. 

While  these  opinions  were  gra- 
dually gaining  ground  among  the 
people,  the  Regency  did  not  take 
the  proper  measures  to  counteract 
them ;  but  actually  seemed  to  in- 
vite the  fate  which  befel  it,  by  its 
feeble  and  vacillating  conduct. 
The  concessions  obtained  from 
Spain  by  the  spirited  remonstran- 
ces of  Mr.  Lamb,  and  the  short- 
lived vigour  of  his  government,  had 
deprived  the  contest  of  the  charac- 
ter of  a  foreign  invasion ;  and  it  had 
assumed  the  appearance  of  a  strug, 
gle  between  domestic  parties.  The 
interval  before  Don  Miguel's  re- 
turn should  have  been  devoted  to 
strengthening  the  hands  of  the  go- 
vernment, and  in  rendering  the 
charter  popular.  Instead  of  that, 
divisions  took  place  in  the  govern- 
ment ;  the  cabinet  ministers  were 
repeatedly  dismissed ;  and  a  general 
uneasiness  and  expectation  of  un- 
certain changes  pervaded  the  com- 
munity. The  government  of  the 
Princess  regent  began  to  fall  into 
disrepute,  and  the  minds  of  men 
were  obviously  prepared  for  ano- 
ther revolution  in  affairs. 

In  this  state  of  public  feeling, 
Don  Miguel,  the  brother  of  Pedro, 
who  had  been  for  several  years 
abroad  in  honourable  exile  for  re- 


PORTUGAL. 


447 


bellion  against  his  father,  left  Vien- 
na to  return  to  Portugal.  Pre- 
vious to  his  quitting  Vienna,  he 
had  frequent  conferences  with 
Prince  Metternich,  and  Baron 
de  Villa  Seca,  the  Portuguese 
envoy  near  his  Imperial  Majes- 
ty ;  and,  in  these  joint  meet- 
ings, it  is  probable  that  the  basis 
of  the  Infanta's  future  conduct, 
as  Regent  of  Portugal,  was  laid. 
It  is  also  more  than  probable 
that  the  young  prince  received 
some  very  impressive  lessoas  from 
the  good  Emperor,  and  possibly 
these  same  lessons  were  renewed 
under  the  roof  of  Les  Thuillerie's, 
and  amidst  the  fond  embraces  he  re- 
ceived from  his  Bourbon  cousins, 
during  his  short  but  ominous  stay 
in  Paris. 

What  lessons  his  Highness  may 
have  learnt,  or  what  impressions  he 
may  have  received  during  his  stay 
in  England,  likely  to  efface  those 
which  he  brought  with  him  from 
Vienna  and  Paris,  it  would  be  diffi- 
cult to  state ;  so  much  was  he  on 
his  guard  not  to  let  slip  the  smallest 
symptom  of  his  present  political 
creed,  or  the  slightest  indication 
whether  his  old  habits  were  cor- 
rected by  travelling  and  observa- 
tion. It  was,  however,  remarked, 
that  a  most  pointed  disrespect  was 
shown  to  those,  who  had  been 
distinguished  for  their  ardour  in 
the  cause  of  the  charter,  or  who  had 
received  any  testimonies  of  personal 


regard  or  public  confidence  from  the 
Emperor  of  Brazil ;  and  that  there 
was  a  disposition  to  treat  all  his 
acts  and  decrees,  excepting,  never- 
theless,  that  of  the  appointment  of 
Don  Miguel,  with  the  utmost  con- 
tempt* An  answer  of  four  lines, 
cold  and  unmeaning,  was  further 
given  by  the  Prince  to  the  address 
of  the  Portuguese  resident  in  Lon- 
don, in  which  he  compliments  them 
on  their  "loyalty,"  and  thanked 
them  for  their  sentiments  and  ex- 
pressions; but  carefully  avoiding 
every  thing,  that  could  indicate  the 
sense  in  which  he  had  received 
them.  Before  leaving  England, 
however,  he  declared  his  intention 
to  return  to  Portugal,  for  the  pur- 
pose  of  assuming  the  powers  of  re- 
gent in  the  place  of  his  sister,  upon 
his  coming  of  age. 

It  was  the  intention  of  Pedro, 
that  his  brother  should  marry  his 
eldest  daughter,  in  whose  favour  he 
had  abdicated ;  and  he  had  declared 
in  the  document  of  abdication,  that 
it  was  made  upon  the  express  con- 
dition— 1st,  that  the  constitution 
should  be  sworn  to  before  the 
queen  had  left  Brazil ;  and  2d,  that 
the  marriage  between  her  and  her 
uncle  should  be  concluded. 

The  1st  condition  had  been  ful- 
filled, and  espousals  had  taken  place 
between  Don  Miguel  and  his  niece ; 
but  the  marriage  could  not  be  con- 
cluded until  she  had  arrived  at  the 
canonical  years  of  marriage.  Tht; 


448 


ANNUAL  REGISTER,  1627-8-y. 


effect  of  the  abdication  was  sus- 
pended according  to  the  opinions 
of  some,  and  Don  Pedro  was  still 
the  reigning  monarch,  and  the  au- 
thority exercised  by  the  regent  was 
a  delegated  authority. 

On  the  other  hand,  it  was  con- 
tended  that  by  the  act  of  abdica- 
tion, Don  Pedro  had  parted  for  ever 
with  his  right  to  the  crown,  and 
that  the  conditions  had  been  com- 
plied with. 

Whilst  this  dispute  was  pending 
as  to  the  effect  of  the  abdication, 
and  before  the  landing  of  Miguel, 
a  decree  by  Don  Pedro,  dated  the 
8th  of  July,  1827,  arrived  at  Lis- 
bon,  appointing  Don  Miguel  his 
lieutenant,  and  giving  him  all  his 
powers  as  king  of  Portugal  and  the 
Algarves  under  the  constitutional 
charter. 

This  put  an  end  to  the  discus- 
sions concerning  the  complete  ab- 
dication of  Don  Pedro ;  and  Don  Mi- 
guel's acceptance  of  that  delegated 
authority,  was  a  public  assurance 
of  his  intention  to  administer  the 
government  according  to  the  con- 
stitution.  This  assurance  was  also 
given  in  a  letter  written  by  him  from 
Vienna  to  his  sister.  It  augured  ill 
for  the  success  of  Don  Pedro's  ex- 
periment,  that  the  constitutional 
government  he  gave  to  Portugal, 
was  vested  in  the  hands  of  secret 
and  active  enemies  of  the  liberal 
party,  while  only  a  few  of  its  friends 
were  admitted  to  a  participation  of 


power.  Bastos,  the  intendant  of 
police,  was  an  adherent  of  the  ab- 
solute party.  The  secret  service 
money  at  his  command  made  him 
a  most  influential  personage  with 
the  privy  council  of  the  princess 
regent,  composed  as  it  was  of  the 
ladies  of  her  household,  and  of  fa- 
vourites who  acted  through  them. 
This  influence  had  secured  to  him 
the  situation  of  a  disembargador, 
and  he  was  backed  by  all  the  weight 
of  the  apostolics,  with  whom  he  was 
in  strict  communion,  and  whose 
views  he  promoted  by  means  of 
his  official  satellites. 

'  The  police  was  in  fact  the  go- 
vernment, and  all  its  fearful  ener- 
gies were  employed  to  secure  the 
ascendancy  of  the  ultra  party. 
The  vacant  posts  in  the  army  were 
gradually  filled  with  its  friends,  and 
the  whole  tendency  of  the  adminis- 
tration betrayed  a  spirit  hostile  to 
the  charter. 

The  cortes  were  assembled  on 
the  2d  of  January,  1828.  The 
chamber  of  deputies,  composed  of 
one  hundred  and  thirty-eight  mem- 
bers,  chose  the  bishop  of  San  Luiz 
for  president.  Eighty-five  mem- 
bers  appeared,  and  their  creden- 
tials being  verified,  they  took  their 
seats.  In  the  house  of  peers,  how- 
ever,  an  objection  was  made  to 
the  admission  of  the  Viscount  de 
Rio  Secco,  a  peer  created  by  Don 
Pedro,  because  the  council  of  state 
had  not  been  consulted  in  his  crea- 


PORTUGAL. 


449 


iron,  and  he  was  not  permitted  to 
take  his  seat.  The  princess  re- 
gent  addressed  them  for  the  last 
time  in  the  following  manner  : 

"  For  the  third  time  you  meet  in  this 
place,  to  continue  the  useful  labours 
which  the  charter  of  the  Portuguese 
monarchy  has  confided  in  you.  Tour 
zeal  is  always  the  same.  Every  day, 
n«w  lights,  the  effect  of  calm  experience, 
assure  an  honourable  result  to  your  ex- 
ertions in  the  service  of  the  country. 

"  You  are  not  ignorant  that  much  is  still 
wanting,  completely  to  found  and  con- 
solidate our  political  edifice.  I  do  not 
doubt  that  you  will  now  exert  the  most 
prudent  diligence  to  accelerate  the  great 
•work.  The  time  is  not  long,  but  pru- 
dence and  zeal  can  effect  much,  and  you 
have  given  sufficient  proofs  that  you  pos- 
sess both. 

"  The  king,  my  august  brother,  who 
was  inspired  by  a  desire  for  our  happiness 
to  give  us  in  the  constitutional  charter 
an  indisputable  proof  of  his  wisdom  and 
magnanimity,  trusts  to  you  to  realize  this 
great  enterprise,  which  was  pictured  in 
his  mind,  the  noble  title  of  his  glory,  and 
the  invaluable  pledge  of  the  happiness  of 
Portugal ;  and  all  the  world  now  know 
how  you  deserve  this  confidence. 

"  My  beloved  brother,  the  Infant  Don 
Miguel,  is  charged  by  the  laws  and  the 
orders  of  his  majesty,  with  the  regency 
of  this  kingdom.  His  intentions,  con- 
formable to  those  of  the  king,  our  august 
brother,  have  been  manifested  by  him  ; 
and  this  event,  agreeing  with  the  politi- 
cal views  of  great  nations,  added  to  the 
measures  of  government,  has  disarmed 
the  parties,  and  calmed  the  agitations  in 
the  country,  which  was  a  necessary  con- 
sequence of  extraordinary  circumstances. 
The  government  of  a  neighbouring  na- 
tion, convinced  of  the  true  bonds  which 
unite  the  reciprocal  interests  of  the  Penin- 
sula, sincerely  opposes  the  attempts, 
which  madly  ambitious  and  restless 
spirits  have  not  ceased  to  make. 

"  The  picture  of  our  finances  is  not  un- 
favourable to  the  public  credit  of  the 
state,  yet  an  unexpected  and  unforeseen 
event  has  effected  the  interests  of  the 
nation,  and  especially  the  inhabitants  of 
this  capital.  The  government,  however, 
trusts,  that,  by  the  assistance  which  it 

VOL.  HI. 


has  afforded,  and  by  the  measures  which 
have  been,  and  will  be  adopted,  the  credit 
of  the  bank  will  be  shortly  restored. 

"  We  enjoy  profound  peace  with  foreign 
powers — a  peace  founded  on  alliances, 
and  on  the  general  interests.  The  go- 
vernment will  neglect  no  means  to  insure 
the  duration  of  friendship  with  our  allies, 
and  the  tranquillity  of  the  whole  nation. 
Pursue,  then,  the  glorious  career  upon 
which  you  have  entered.  Portugal  looks 
upon  you  as  the  instruments  which  a 
great  king  employs  to  make  it  happy  and 
flourishing ;  the  king  takes  pleasure  in 
the  punctuality,  with  which  you  answer 
his  wise  thoughts.  Be  assured  that  his 
majesty  will  be  more  and  more  confirmed 
in  his  opinion  of  your  zeal  and  prudence, 
and  that  the  whole  nation  will  always 
look  upon  you  as  true  friends  of  the  coun- 
try. I  know  well  that  you  ask  no  other 
reward  for  the  inconveniences  to  which 
you  subject  yourselves,  and  the  exertions 
which  you  make  to  serve  it.  I  acknow- 
ledge it,  and  do  not  hesitate  to  declare  it ; 
but  U  is  certain  that  for  such  generous 
minds,  for  true  Portuguese,  the  highest 
reward  is  the  entire  approbation  of  the 
monarch  and  the  grateful  praise  of  their 
fellow  citizens." 

This  general  description  of  af- 
fairs, gave  but  an  inadequate  idea 
of  the  true  condition  of  the  govern- 
ment. 

Every  department  but  the  police, 
was  feeble,  and  in  a  state  of  utter 
confusion.  The  bank  of  Lisbon 
had  lost  its  credit,  having  been  com- 
pelled, in  the  month  of  December, 
1827,  to  suspend  specie  payments  ; 
the  loan  of  the  preceding  year,  had 
disappeared  without  any  manifest 
results ;  the  ordinary  revenues  had 
been  anticipated ;  the  treasury  was 
empty ;  and  a  large  deficiency  was 
already  foreseen  in  the  accounts 
of  the  ensuing  year.  The  govern- 
ment, instead  of  retrenching  to 
meet  this  exigency,  re-established 
57 


ANNUAL  REGISTER,  1827-3-9. 


old  offices,  and  created  new  ones, 
to  reward  its  favourites ;  and  con- 
tented itself,  with  remedying  the 
disorder  in  the  currency,  by  issuing 
a  circular  to  the  criminal  judges 
directing  them  to  institute  judicial 
proceedings,  against  all  persons 
guilty  of  exporting  silver  coin, 
"  contrary  to  the  principles  of  po- 
litical economy."  This  device,  so 
weak,  and  yet  so  common  among  all 
unenlightened  nations,  seemed  to 
them  to  be  all-sufficient  to  prop  the 
falling  credit  of  the  state  ;  and  no- 
thing was  done  by  the  chambers  to 
remedy  the  evils  under  which  it 
was  labouring.  The  first  step  of 
the  cortes  should  have  been  the 
institution  of  an  inquiry  into  the 
state  of  the  nation,  and  to  get  rid 
of  those  who  occupied  rather  than 
filled  the  offices  of  the  government, 
and  abused  the  powers  intrusted 
to  them.  The  financial  embarrass, 
ments  occasioned  by  their  incom- 
petency,  afforded  a  good  ground 
for  their  dismissal.  The  annual 
yeport  of  the  minister  of  finance, 
showed  a  deficit  of  4,100  contos  de 
reis,  nearly  $5,000,000.  If  this 
had  been  done,  and  the  chambers 
had  determined  to  withhold  money, 
until  the  government  was  placed  in 
more  competent  hands  ;  Don  Mi- 
guel would  have  been  constrained 
to  respect  the  charter,  and  Portu- 
gal might  have  been  saved  from 
the  disgrace  and  misery,  which  a 


tyrannical  sovereign,  and  a  bigol- 
ed  faction,  so  soon  combined  to 
bring  upon  her.  One  effort  was 
indeed  made,  by  the  committee  in 
the  chamber  of  deputies,  to  whom 
was  intrusted  the  duty  of  inquiring 
into  all  violations  of  the  constitu- 
tion, which  had  taken  place  during 
the  recess.  This  committee  re- 
ported that  the  imprisonments  which 
followed  the  tumult  in  the  capitol 
on  account  of  the  dismissal  of  Sal- 
dahana,*  were  contrary  to  the  char- 
ter, and  recommended,  that  the 
magistrates,  who  had  ordered  them, 
should  be  prosecuted ;  and  that  And- 
rade,  the  minister  of  justice,  should 
be  impeached  for  various  uncon- 
stitutional acts.  The  chamber, 
however,  did  not  act  upon  the  re- 
port of  the  committee,  and  it  re- 
mained a  dead  letter. 

The  ministry  continued  to  act 
and  govern  as  they  pleased,  while 
the  chambers  were  talking.  A  law 
was  brought  forward  to  regulate 
the  press,  and  fixing  the  qualifica- 
tions of  petty  jurprs  at  £20  income 
per  annum.  A  law  was  also  pro. 
posed,  dividing  the  kingdom  into 
14  provinces — 7  in  Europe,  2  in 
the  Atlantic  islands,  3  in  Africa, 
and  2  in  Asia.  Some  commercial 
regulations  were  made,  and  the 
manner  determined,  in  which  the 
two  chambers  should  proceed  in 
joint  meeting.  The  cortes  en- 
tered, too,  upon  a  revision  of  the 


*  Vide  vol.  ii.  page  367 


PORTUGAL. 


451 


judicial  system,  which  certainly  re- 
quired a  radical  reform ;  but  in  the 
existing  circumstances  of  the  go- 
vernment, the  chief  attention  of 
the  deputies  should  have  been  de- 
voted to  purifying  the  administra- 
tion, and  in  providing  for  the  per- 
manency of  the  constitutional  char- 
ter. The  executive  department 
demanded  their  chief  care,  and 
while  that  was  in  the  hands  of  men, 
who  were  using  their  official  au- 
thority  and  all  their  resources  of 
intrigue  to  overturn  the  govern- 
ment, the  cause  of  constitutional 
freedom  was  but  insecure.  The 
arrival  of  a  new  regent,  whose  pre- 
delictions  were  known  to  be  in  fa- 
vour of  the  despotic  party,  was  an 
event  which  would  give  them  a 
preponderancy,  and  enable  them  to 
engage  in  their  nefarious  plots  with 
impunity.  Having  a  chief  in  the 
head  of  the  government,  it  was 
easily  to  be  foreseen,  that  they 
would  not  stop  short  of  restoring 
the  absolute  monarchy.  Yet  with 
this  prospect  before  them,  they  ex- 
ercised none  of  the  powers  vested 
in  them,  for  the  purpose  of  provi- 
ding against  such  dangers,  but 
went  on  debating  and  haranguing, 
until  the  arrival  and  usurpation  of 
Don  Miguel  put  an  end  to  their 
speeches  and  to  the  constitution. 
Don  Miguel  arrived  at  Lisbon  on 
the  22d  of  February,  1828,  by  way 
of  England,  where  he  had  spent 
two  months  in  the  pleasures  of  the 
capital,  creating  the  impression 


that  it  was  his  intention  to  govern 
according  to  the  charter;  and  where 
he  procured,  by  his  dissimulation 
and  address,  an  order  from  the  go. 
vernment  for  the  removal  of  the 
British  troops.  As  the  time  of  his 
expected  arrival  approached,  the 
apostolics  became  bolder.  The 
impunity  with  which  they  had  been 
permitted  to  plot  against  the  exist- 
ing  government,  had  encouraged 
them  in  their  designs;  and  they 
now  looked  forward  to  its  over- 
throw as  an  event  easy  to  be  ac 
complished,  and  most  grateful  to 
the  Regent. 

Publications  were  circulated 
through,  the  kingdom,  in  which  the 
people  were  exhorted  to  overturn 
the  new  institutions,  as  of  foreign 
origin,  and  derogatory  to  their  na 
tional  character.  The  right  of 

o 

Don  Pedro  to  interfere  with  the  af- 
fairs of  Portugal,  was  denied. 
The  young  prince  who  was  return- 
ing,  was,  in  the  default  of  Don  Pe- 
dro, the  rightful  heir  to  the  throne, 
and  his  declarations  made  in  fo- 
reign countries,  of  his  being  only 
a  Vice  Roy,  were  not  to  be  regard- 
ed. He  was  a  king  in  his  own 
right — an  absolute  king.  The 
priests,  too,  were  active  in  bringing 
the  charter  into  disrepute.  It  was 
an  English  constitution,  and  the 
protection  it  afforded  to  the  heresies 
of  the  protestants,  by  its  provision 
in  favour  of  toleration,  plainly  indi. 
cated  its  heretical  origin.  Both 
national  pride  and  religious  zeal, 


452 


ANNUAL  REGISTER,  1827-8-9. 


were  wounded  by  its  continuance  ; 
and  every  true  believer  and  every 
loyal  son  of  Portugal,  were  incited 
by  the  most  animating  topics  to  join 
in  its  destruction.  The  follow- 
ing protest,  circulated  during  the 
months  of  January  and  February, 
1828,  will  exemplify  the  state  of 
public  feeling  in  a  large  portion  of 
the  nation : 


In  the  name  of  the  most  holy  and  un- 
divided Trinity. 

The  Portuguese  nation,  oppressed  and 
betrayed  by  wicked  factions,  without  a 
legitimate  king  or  government  to  defend 
it,  and  deprived  of  all  the  means  of  ma- 
king itself  heard  authoritatively  through 
its  legislative  representatives,  or  the  dele- 
gates of  the  three  estates  of  the  kingdom, 
using  the  only  faculty  which  is  now  lei't 
it,  the  voice  of  its  own  conscience,  pro- 
tests— 

First — That,  as  long  as  Don  Miguel 
(who  was  snatched  from  the  Portuguese 
by  the  perfidy  of  the  enemies  of  God,  of 
kings,  and  of  men)  shall  live,  they  will 
not  acknowledge  as  king  of  Portugal  any 
other  prince  but  him ;  because  his  elder 
brother,  the  first-born  son  of  the  late  king, 
was,  before  the  death  of  his  august  fa- 
ther, naturalized  a  Brazilian,  constituted 
emperor  of  Brazil,  and  tecognised  as  a 
foreign  sovereign  by  the  constitution  of 
that  state,  and  by  diplomatic  acts  of  all 
Europe,  Portugal  included ;  and  because, 
as  a  foreign  sovereign,  the  emperor  of 
Brazil  is  excluded  from  the  succession  of 
Portugal  by  the  fundamental  laws  of  the 
kingdom,  which  expressly  prohibit  a  fo- 
reigner from  wearing  the  crown  of  Por- 
tugal. But,  even  though  these  funda- 
mental laws  did  not  exist,  he  could  not 
be  king  of  Portugal,  for  it  has  never  been 
admitted,  nor  can  it  be  admitted,  that 
nations  are  to  be  foreigners  in  the  eye  of 
their  legitimate  kings,  as  the  Portuguese 
now  are  in  the  eyes  of  Don  Pedro  I.  of 
Brazil,  entitled,  contrary  to  the  rights  of 
nations,  Don  Pedro  IV.  of  Portugal. 

Secondly — The  Portuguese  protest, 
that  they  will  never  recognise,  as  funda- 
mental laws  of  the  monarchy,  or  as  the 
constitution  of  the  state,  any  other  con- 


stitution than  that  which  formed  f  orlu- 
gal  into  an  hereditary  monarchy  at  the 
Cortes  of  Lamego,  which  Don  John  VI, 
proposed  to  restore  by  the  decree  of  the 
4th  of  June,  1824,  in  calling  to  meet  in 
the  cortes  the  three  estates  of  the  king- 
dom. As  for  what  is  called  the  constitu- 
tional charter  given  by  Don  Pedro  I.,  the 
emperor  of  Brazil,  they  protest  against  it, 
as  being  the  work  of  a  foreign  sovereign, 
who  had  by  the  laws,  no  right  to  impose 
it,  as  the  Portuguese  neither  asked  for  it 
nor  were  consulted  on  the  subject,  as  it 
was  made  by  societies  of  freemasons,  and 
confirmed  by  the  said  Dun  Pedro,  as  chief 
of  the  masonic  lodges  of  Portugal  and 
Brazil,  who  called  himself  a  mason  in 
his  letters  to  his  august  father ;  as  it  pla 
ces  the  kings  of  Portugal  under  restraint 
making  the  exercise  of  the  sovereignty, 
and  other  acts  of  royalty,  depend  upon 
secondary  powers  like  the  two  Cham- 
bers ;  as  it  establishes  in  this  kingdom 
heretical  houses,  and  a  worship  reproved 
by  the  holy  Catholic  church;  and  be- 
cause it  permits  the  Portuguese  to  aban- 
don with  impuii'ty  the  holy  religion  of 
Jesus  Christ,  of  which  they  engage  to  be 
the  champions  in  the  sacrament  of  bap- 
tism. On  account  of  all  these  subversive 
principles  which  attack  the  altar  and  the 
throne,  they  declared  the  charter  intru- 
sive, null,  and  void. 

Thirdly — They  protest  against  the  de- 
tention of  the  Infant  Don  Miguel  in  any 
foreign  state  by  violence,  by  artifice,  or 
on  any  pretence  whatever,  as  his  deten- 
tion abroad  increases  and  multiplies  the 
bitter  evils  which  oppress  the  nation. 

Fourthly — They  protest  against  all 
suggestions,  intrigues,  combinations,  ca- 
bals, machinations,  meditated,  intended, 
or  executed,  in  any  mode  or  manner 
whatever,  with  the  object  of  destroying 
the  present  protestation,  or  any  part  of  it. 

Fifthly — Finally,  they  protest,  until  the 
arrival  of  Don  Miguel  in  Portugal,  in  the 
plenitude  of  his  liberty,  against  any  wri- 
ting or  writings,  under  whatever  title, 
ascribed  to  this  prince,  or  signed  by  him 
in  his  captivity,  intended  to  contradict, 
detract  from,  or  annul,  the  whole  or  any 
part  of  the  doctrine  of  this  protest,  be- 
cause such  writings  must  be  apocryphal, 
or  drawn  up  under  moral  or  physical 
coercion. 

They  declare  and  condemn,  as  sub- 
versive, all  doctrines  published  or  trans- 
mitted here  with  the  object  of  supporting 


PORTUGAL. 


hi  whole,  or  m  part,  the  acts  or  matters 
ftgainst  which  they  protest. 

They  declare  void,  of  no  effect,  and 
sacrilegious,  any  counter-protest  which 
may  appear,  as  such  document  must  be 
contrary  to  truth,  and  acknowledged  as 
such.  And  ihe  Portuguese  nation,  pros- 
trate before  the  throne  of  the  most  High, 
swears, in  the  name  of  the  Lord,  never  to 
desist  from  this  protestation — abjures 
and  detests  all  the  principles,  means,  and 
ends  opposed  to  this  oath — implores  the 
succour  and  justice  of  God  against  the 
oppressions  and  the  injustice  of  men — 
orders  and  conjures  all  Portuguese,  who 
by  the  grace  of  God  are  not  infected 
with  revolutionary  doctrines,  or  involved 
in  secret  societies,  to  protect  and  spread 
this  protestation,  without  doubt,  without 
diminution,  and  without  addition,  till  the 
nation  is  able,  by  means  of  the  only  true 
•constitution  of  the  kingdom,  to  consume 
its  execrable  enemies.  From  whom  may 
divine  Providence  deliyer  all  true  Portu- 
guese.— Amen. 


On  Don  Miguel's  landing,  the  min. 
gted  feelings  of  the  crowd  were  ma- 
nifestedby  the  persons  assembled,  to 
welcome  their  retuining  sovereign. 
The  troops,  and  some  of  the  spec- 
tators shouted,  "  long  live  the  In. 
iant ;"  while  numbers  cried,  "  long 
live  Don  Miguel,  the  absolute  king." 

The  next  day,  the  latter  cry  was 
repeated  by  the  populace,  as  he 
went  in  procession  to  the  cathedral 
to  offer  thanks  for  his  safe  return. 
The  military,  however,  did  not  join 
in  the  cry,  nor  did  the  merchants, 
and  the  more  respectable  among 
the  spectators. 

The  regent,  however,  did  not 
intimate  either  satisfaction  or  dis- 
satisfaction, at  the  shouts ;  but 
seemed  disposed  to  wait  until  he 
had  more  fully  ascertained  the  state 
of  public  opinion,  or  until  his  plans 


were  matured,  before  he  manifest- 
ed his  ultimate  designs. 

The  queen  mother,  who  assumed 
an  influence  over  him  immediately 
upon  his  arrival,  was  a  woman  of 
violent  prejudices,  fanatical  and  bi- 
goted in  religion,  and  of  the  most 
arbitrary  and  despotic  principles 
in  government ;  and  of  course,  de- 
cidedly opposed  to  the  new  consti- 
tution. Her  ascendancy  over  the 
mind  of  her  son  was  unlimited, 
because  their  views  were  similar, 
and  their  principles  were  congenial, 

The  resolution  to  change  the 
form  of  the  government,  was  there 
fore  probably  early  determined  up- 
on ;  but  the  oath  to  observe  the 
constitution  was  taken  upon  assu- 
ming the  powers  of  regent,  as 
though  no  such  design  was  in  con- 
temptation.  This  oath  was  admi- 
nistered by  the  Archbishop  of  Lis- 
bon,  on  the  26th  of  February,  in 
the  presence  of  the  two  chambers 
of  the  cortes ;  but  it  was  remarked 
by  some,  that  the  Archbishop  pla- 
ced^ himself  before  Don  Miguel,  so 
as  to  prevent  the  spectators  from 
seeing  him ;  and  the  whole  ceremo- 
ny was  hurried  through  in  a  confu- 
sed and  precipitate  manner,  as  if 
it  were  a  disagreeable  form.  In 
his  return,  he  was  said  to  have  ex- 
claimed, "  well,  I  have  gone 
through  the  ceremony  of  swearing 
to  the  charter,  but  I  have  sworn  to 
nothing." 

The  next  day,  his  ministers  were 
announced ;  and  the  character  of 


454 


ANNUAL  REGISTER,  1827-8-9. 


his  cabinet  indicated  that  the  over- 
throw of  the  constitution  was  resolv- 
ed upon.  They  were  all  of  the  ab- 
solute party,  except  Count  Villa 
Real,  a  constkutionalist,  who  was 
made  minister  of  war,  and  ad  inte- 
rim of  foreign  affairs,  with  De  Bar- 
ros  for  an  assistant.  At  its  head, 
was  the  Duke  de  Cadaval,  the  first 
peer  of  Portugal,  but  subservient  to 
the  views  of  the  queen  mother,  and 
professing  the  same  principles. 

M.  Leite  de  Barros  was  made 
minister  of  the  interior ;  M.  Furta- 
do  de  Rio  de  Mendoca,  minister  of 
justice,  and  M.  Lauzan  minister  of 
finance.  The  announcement  of 
this  ministry  caused  a  decline  in 
the  public  funds,  and  also  in  the  pa- 
per of  the  bank.  The  resumption 
of  specie  payments  was  postponed 
indefinitely,  and  business  expe- 
rienced a  temporary  stagnation. 

The  mob,  and  the  minions  of  the 
absolute  party,  grew  more  clamo. 
rous.  They  now  began  to  add  to 
their  former  cries,  "  down  with  the 
constitution ;"  "  long  live  the  Mar- 
quis of  Chaves,"  the  late  comman- 
der of  the  rebels,  who  had  been 
driven  into  Spain.  On  the  1st  of 
March,  they  proceeded  to  even 
greater  lengths.  The  regent  had 
fixed  that  day,  for  receiving  the 
congratulations  of  the  courtiers  and 
public  functionaries  on  account  of 
his  return. 

When  they  arrived  at  the  palace, 
they  found  the  court  yard  filled 
with  the  lowest  orders  of  the  popu- 


lace, vociferating  for  "  religion/' 
and  "the  absolute  king."  As 
each  carriage  entered  the  gate,  its 
occupant  was  detained,  and  com- 
pelled to  join  in  the  cry.  Those 
who  were  known  to  be  constitution- 
alists, received  the  greatest  share 
of  abuse  ;  and  Count  da  Cunha, 
one  of  the  leaders  of  that  party, 
and  who  had  been  that  very  morn- 
ing acquitted  of  an  accusation  fabri- 
cated against  him  by  Bastos,  was 
dragged  from  his  vehicle  and 
beaten. 

General  Caula,  also  an  officer  of 
distinguished  character  and  fidelity, 
and  then  commandant  at  Lisbon, 
having  refused  to  obey  the  man- 
dates of  the  mob,  was  attacked  with 
stones,  his  carriage  destroyed,  and 
his  life  with  great  difficulty  pre- 
served by  the  regent's  guard. 

While  these  scenes  of  tumult 
were  going  on  in  the  palace  yard, 
Don  Miguel  and  his  prime  minister 
were  within,  congratulating  them, 
selves  upon  the  existence  of  a  feel- 
ing so  favourable  to  their  views. 
The  captain  of  the  guard  received, 
in  reply  to  his  applications  for  or- 
ders to  disperse  the  rioters,  direc- 
tions to  take  no  notice  of  them  ;  that 
the  guard  was  only  bound  to  watch 
over  the  safety  of  the  royal  family. 
These  outrages,  connected  with  the 
time  and  place  where  they  were 
committed,  were  the  forerunners  of 
a  revolution,  and  plainly  indicated 
that  the  constitutionalists  must  suc- 
cumb, or  prepare  to  sustain  their 


PORTUGAL. 


45i> 


isause  by  force.  Instead  of  this, 
they  contented  themselves  with 
moving  an  inquiry  into  the  cause  of 
the  riots.  The  government  itself 
instituted  no  proceedings  ;  but  on 
the  7th  of  March,  Count  Taipa 
moved  an  inquiry  concerning  it,  in 
the  house  of  peers.  After  descri- 
bing the  disorder  and  alarm  pre- 
vailing in  the  capitol,  he  advanced 
to  the  late  outrages  before  the  pa- 
lace itself;  the  inaction  of  the  po- 
lice, and  the  silence  of  the  govern- 
ment. He  asked  why  no  proceed- 
ings had  been  instituted  against  the 
traitors,  who  had  committed  such 
atrocities,  and  boldly  called  upon 
the  chamber,  to  dissipate  the  atmos- 
phere with  which  a  faction  surroun- 
ding the  throne,  had  obscured  the 
views  of  the  regent.  After  urging 
the  necessity  of  the  regents,  dis- 
tinctly disapproving  of  these  tu- 
mults,  he  moved  that  the  ministers 
be  requested  to  come  to  the  cham- 
ber to  answer  questions  on  the  sub- 
ject. 

The  ministers,  probably  aware 
that  some  movement  would  be 
made  on  that  day,  were  not  present, 
with  the  exception  of  Count  Villa 
Real.  It  thus  fell  to  his  lot  to  offer 
some  remarks  in  behalf  of  his  col- 
leagues, whose  course  he  in  reality 
disapproved  of,  although  he  seemed 
himself  prevented  by  his  official 
connexion  with  them,  from  coming 
out  in  direct  opposition. 

He  admitted  that  they  were  bound 
to  bring  these  matters  under  the 


consideration  of  the  regent,  but  it 
was  then  too  early  to  charge  upon 
them  a  neglect  of  their  duty.  The 
motion  was  premature.  He  accu- 
sed  Count  Taipa  of  indiscretion  in 
alluding  to  "  a  faction  surrounding 
the  throne,"  and  assured  the  cham- 
ber that  he  knew  of  no  such  faction. 
Count  Taipa  replied  in  the  fol- 
lowisg  spirited  manner :  "  I  have 
been  censured  for  saying  that  the 
Infant  is  surrounded  by  a  faction. 
I  am  not  accustomed  to  retract  my 
assertions,  and  in  the  words  of  the 
French  poet,  I  shall  say, 

•  Je  le  dirais  encore,  si  j'avais  a  le  dire.* 

"  When  I  accepted  the  dignity  of 
peer,  I  felt  that  I  held  in  this  cham- 
ber a  post  of  honour,  in  which  it 
was  my  duty,  if  necessary,  to  die  ; 
in  the  same  manner  as  I  held  my- 
self, when  I  entered  the  service, 
ready  to  die  in  the  field  of  battle. 
If  I  may  not  freely  speak  my  opin- 
ion, I  shall  be  no  better  than  Cali- 
gula's horse.  That  animal  wore 
the  robe  of  a  Roman  senator;  and 
like  it,  I  shall  appear  here  in  the 
dress  of  a  Portuguese  peer.  I 
therefore  persist  in  my  motion." 

The  chamber,  however,  was  not 
animated  by  a  similar  spirit,  and 
the  motion  was  lost,  only  seven  vo- 
ting in  favour  of  it,  and  twenty -four 
against  it. 

A  similar  motion  was  made  in  the 
chamber  of  deputies  the  same  day 
by  M.  Magalhaes,  which  was  there 
unanimously  agreed  to,  but  the 


456 


ANNUAL  REGISTER,  1827-8-9. 


speedy  termination  of  the  session 
prevented  any  further  proceedings 
on  the  subject. 

The  feelings  manifested  by  the 
populace,  while  they  filled  the 
friends  of  the  constitution  with  the 
most  mournful  forebodings,  embol- 
dened Don  Miguel  and  his  adhe- 
rents to  move  more  openly  towards 
the  attainment  of  their  object.  As 
a  preliminary  step,  the  military 
were  to  be  secured,  or  at  all  events 
put  under  officers  of  a  different 
character  from  those,  who  then 
commanded  them.  Hitherto  they 
had  shown  no  disposition  to  join  in 
the  seditious  cries.  They  probably 
remembered  that  no  great  length  of 
time  had  elapsed,  since  they  had 
fought  in  defence  of  the  charter 
against  Chaves  and  his  army ;  and 
General  Caula  and  his  confidential 
officers  spared  no  pains  in  confirm- 
ing them  in  their  attachment  to  the 
constitutional  cause.  In  order  to 
deprive  the  liberal  party  of  this 
support,  Caula  and  the  garrison 
officers  favourable  to  the  charter 
were  dismissed,  and  their  places 
filled  by  officers  devoted  to  the 
views  of  the  court. 

This  step,  so  indicative  of  the 
determination  of  the  regent,  was 
met  by  the  opposite  party,  by  a 
resignation  of  Villa  Real  as  minis- 
ter of  war.  Instead  of  holding  his 
place,  and  refusing  to  consent  to 
the  change,  which  would  have 
brought  the  question  to  an  issue  in 
which  the  constitutional  party  would 


have  taken  the  chance  of  success, 
he  resigned  his  portfolio ;  but  con- 
sented  to  retain  his  place  as  minis- 
ter for  foreign  affairs,  at  the  re- 
quest  of  the  foreign  ambassadors 
at  Lisbon.  This  timidity  and  ir- 
resolution only  hastened  the  ruin 
of  the  liberals.  Orders  were  trans- 
mitted  to  Spain  for  the  return  of 
Chaves  and  his  rebellious  troops, 
with  the  view  of  strengthening  the 
court,  by  an  army  upon  which  it 
could  depend.  These  proceedings 
hastened  the  crisis. 

The  constitutionalists,  seeing 
nothing  but  ruin  and  disgrace, 
while  their  councils  were  controlled 
by  such  feeble  spirits,  began  to 
leave  the  capital ;  and  the  ap. 
preaching  departure  of  the  British 
troops  seemed  to  be  the  signal  of 
the  completion  of  their  destruction. 
The  preparations  for  their  embar- 
kation were  going  on,  while  Don 
Miguel  was  rapidly  advancing  in  his 
career  of  violence  and  usurpation. 

The  scheme  at  first  projected 
for  giving  the  final  blow  to  the 
constitutional  government,  was  de- 
feated by  the  interference  of  Sir 
Frederick  Lamb,  the  British  am- 
bassador at  Lisbon. 

Don  Miguel  was  rather  doubtful 
of  the  attachment  of  the  regular 
army,  and  preferred  relying  upon 
Chaves'  troops,  and  the  levies 
raised  by  the  priests  among  the 
peasantry.  He  therefore  deter- 
mined to  go  to  Villa  Vicosa,  a  town 
near  the  Spanish  frontier,  under 


PORTUGAL. 


451 


the  pretence  ot  a  hunting  excur- 
sion. Here  he  was  to  be  pro- 
claimed absolute  king  ;  and,  sup- 
ported by  the  apostolic  forces  and 
the  authority  of  the  church,  to  ad- 
vance upon  Lisbon.  The  court  of 
Spain,  with  which  a  constant  cor- 
respondence was  kept  up,  through 
the  Camarilla,  was  to  lend  aid  in 
the  execution  of  this  plan,  and  to 
afford  him  and  his  party  an  asylum 
in  case  of  its  failure.  Mr.  Lamb 
having  obtained  accurate  informa- 
tion of  the  details  of  this  project, 
undertook  upon  his  own  responsi- 
bility to  interpose  obstacles  to  its 
execution.  Having  obtained  an 
interview  of  Don  Miguel,  he  warm- 
ly remonstrated  against  his  pro- 
jected  excursion.  He  counter- 
manded the  order  for  the  departure 
of  the  British  troops,  until  he  should 
receive  answers  to  his  despatches 
to  his  government ;  and  he  also 
interfered  to  prevent  the  payment 
of  the  loan  made  to  Don  Miguel 
by  Mr.  Rothschild,  on  the  guaranty 
of  the  British  government.  The 
money  had  arrived,  and  was  on  the 
point  of  being  delivered,  when  Mr. 
Lamb  ordered  it  to  be  detained, 
until  Don  Miguel  had  entered  into 
certain  stipulations  as  to  his  future 
course.  These  energetic  steps  on 
the  part  of  the  British  minister,  re- 
animated the  friends  of  the  consti- 
tution, and  imparted  to  them  a 
temporary  vigour ;  but  at  the  same 
time  they  augmented  the  animosity 
of  the  opposite  party,  and  deter- 
VOL.  III. 


mined  Don  Miguel  to  rely  solely 
on  his  own  resources  in  executing 
his  plans.  The  better  classes  in 
Lisbon  were  filled  with  joy.  The 
chambers  partook  of  the  general 
feeling,  and  began  to  manifest  a 
spirit,  which,  if  exerted  at  an  ear- 
lier period,  might  possibly  have  en- 
abled them  to  save  the  country. 

The  chamber  of  deputies  voted 
an  address,  praying  that  a  copy  of 
the  Regent's  oath  might  be  laid 
before  them ;  and  it  was  proposed 
to  give  a  vote  of  thanks  to  the  na- 
val and  military  commanders  of 
the  British  forces,  and  to  declare 
the  country  in  danger.  A  majority 
of  the  peers,  it  was  understood,  had 
united  and  resolved  to  co-operate 
with  the  deputies,  in  calling  the 
government  to  account  for  the  ex- 
isting abuses  ;  to  deny  all  further 
supplies  of  money ;  and  to  de- 
nounce the  proceedings  of  the 
apostolics. 

Don  Miguel  and  his  advisers 
had  now  gone  too  far  to  recede, 
and  with  the  view  of  checking  the" 
further  development  of  this  spirif. 
on  the  14th  of  March  he  dissolved 
the  chamber  of  deputies,  and  ter- 
minated the  session.  The  eortes 
being  dissolved,  he  was  at  liberty 
to  proceed  in  his  designs,  without 
interruption  on  the  part  of  the  con- 
stitutionalists. ;  The  precautions, 
however,  taken  by  the  English 
eommanders,m  concentrating  their 
forces ;  the  preparations  made  by 
their  vessels  of  war  in  the  harbour 
58 


408 


ANiNLAL  REGISTER,  1627-8-9. 


of  Lisbon :  and  the  guarded,  but 
firm  demeanour  of  Mr.  Lamb,  caus- 
ed him  still  to  hesitate  until  the  be- 
ginning of  April,  when  the  orders, 
which  were  received  for  the  pe- 
remptory departure  of  the  British 
troops,  relieved  him  from  all  ap- 
prehension from  that  quarter. 

It  seemed  that,  with  a  change  of 
the  British  ministry,  there  was 
some  modification  of  the  policy  of 
that  government  towards  Portugal. 
The  commanding  spirit  which,  while 
presiding  over  the  councils  of  Eng- 
land, had  comprehended  Europe 
in  its  glance,  and  regarded  the  ad- 
vocates of  liberal  opinions  on  the 
continent,  as  but  weapons  within 
his  grasp,  had  passed  away.  Eng- 
land no  longer  aspired  to  act  as 
arbiter  between  the  great  contend- 
ing parties  of  Europe  ;  but  gradual- 
ly withdrew  from  the  sphere,  into 
which  the  bold  and  adventurous 
genius  of  Mr.  Canning  had  impel- 
led her.  Not  that  he  would  not 
have  persevered,  so  long  as  cir- 
cumstances permitted,  in  the  neu- 
trality he  had  promised  to  observe 
between  the  domestic  factions  of 
that  kingdom ;  nor  that  the  Duke 
of  Wellington  was  not  desirous 
that  the  constitutional  government 
should  be  preserved ;  but  the  great- 
er tendency  of  the  former,  towards 
liberalism,  together  with  his  supe- 
rior civil  courage,  springing  from 
a  greater  knowledge  of  affairs 
would  have  induced  him  to  have 
continued  the  indirect  support  af- 


forded to  the  constitution,  by  the 
presence  of  the  English  troops 
after  all  apprehension  from  Spanish 
interference  was  at  an  end ;  and 
finally,  his  government  might  have 
been  brought  in  direct  collision 
with  the  French  and  Spanish  go- 
vernments, then  controlled  by  the 
councils  of  the  ultras.  Wellington, 
on  the  other  hand,  was  desirous  of 
avoiding  any  appearance  of  par- 
tiality, and  with  rather  less  regard 
for  the  prevalence  of  liberal  in- 
stitutions, was  willing  that  the  Por- 
tuguese nation  should  determine 
the  matter  for  itself.  The  troops, 
therefore,  were  peremptorily  or- 
dered  to  return,  and  the  two  par- 
ties were  left  to  settle  the  dispute 
by  their  own  strength.  The  pre- 
dominancy of  the  absolute  party 
was  now  completely  secured. 

Many  of  the  nobility,  and  of  the 
mercantile  class,  left  the  kingdom. 
Count  Villa  Real  at  length  became 
convinced  that  his  continuance  in 
the  ministry  was  inexpedient,  and 
separated  himself  entirely  from  the 
government.  He  was  succeeded 
by  Viscount  Santarem,  one  of  the 
apostolics,  as  minister  of  foreign 
affairs.  A  committee  of  similar 
principles,  consisting  of  the  bishops 
of  Viseu,  Santarem,  Mattos,  Sa- 
raiva  and  Gucco,  was  instituted  to 
revise  the  mode  of  electing  depu- 
ties.  The  governors  of  provinces, 
who  had  shown  constitutional  at- 
tachments, were  dismissed ;  and  by 
an  ordinance  of  the  19th  of  March, 


PORTUGAL. 


459 


the  intendant  of  police  was  ordered 
to  furnish  a  list  of  all  the  magis- 
trates, who  had  hindered  the  peo- 
ple from  manifesting  their  senti- 
ments of  loyalty  in  favour  of  Don 
Miguel,  in  order  that  they  might  be 
visited  with  his  royal  highness' 
displeasure.  Rebel  officers  were 
invited  to  return  from  Spain,  and 
were  placed  in  command.  Syste- 
matic encouragement  was  given  to 
the  populace  to  proceed  to  acts  of 
violence,  and  political  emissaries 
were  employed  to  excite  the  mobs 
to  cry — "  Down  with  the  charter ; 
death  to  the  English ;  death  to  the 
freemasons,  and  long  live  Don  Mi- 
guel." Intimations  too  were  given 
to  the  municipal  authorities  in  dif- 
ferent parts  of  the  kingdom,  of  the 
propriety  of  being  forward  in  in- 
viting Don  Miguel  to  assume  the 
crown  in  his  own  right. 

On  the  25th  of  April,  these  pro- 
ceedings assumed  a  consistent 
shape.  A  large  number  of  the 
populace  at  Lisbon  assembled,  and 
after  proclaiming  Don  Miguel  king, 
proceeded  to  the  municipality  or 
senate,  to  cause  that  body  to  pro- 
claim him  in  form.  It  very  readily 
acquiesced  in  the  measure,  and 
having  displayed  the  national  co- 
lours from  the  senate  house,  was 
proceeding  to  frame  an  act  to  that 
effect,  when  the  president  arrived, 
and  induced  the  members  to  alter 
it  into  an  address  to  his  royal  high- 
ness to  assume  the  crown.  This 
was  signed  by  the  municipality, 
such  of  the  mob  as  could  write, 


and  by  several  noblemen,who  were 
compelled  to  come  out  of  their 
carriages  while  passing,  and  to  sign 
the  address. 

A  deputation  then  took  it  to  the 
palace,  where  it  was  most  gracious- 
ly received ;  but  as  Don  Miguel 
plainly  perceived  from  the  silence 
of  the  regular  troops,  and  the  back- 
wardness of  the  nobility  and  all  the 
respectable  classes,  that  the  ad- 
dress was  any  thing  but  an  ex- 
pression of  public  sentiment ;  he 
thought  proper  to  disclaim  the  prof- 
fered crown,  and  the  next  day,  for 
the  sake  of  preserving  appearance, 
he  issued  the  following  decree  : 

"  In  answer  to  the  representation 
which  the  senate  of  Lisbon,  as  the 
representative  of  this  noble  and 
ever  loyal  city,  has  this  day  laid 
before  me,  I  am  pleased  to  reply 
to  it,  that  my  own  dignity,  and  the 
honour  of  the  Portuguese  nation, 
requiring  that  matters  so  grave  as 
those  contained  in  the  above-nam- 
ed representation  be  treated  of  in  a 
legal  manner,  as  established  by  the 
fundamental  laws  of  the  monarchy, 
and  not  in  the  tumultuous  manner 
which  unhappily  took  place  in  1820 ; 
I  feel  assured  that  the  senate,  and 
the  honourable  inhabitants  of  this 
city,  after  having  addressed  me  in 
the  terms  befitting  them,  will  give  to 
the  world  and  to  posterity,  another 
proof  of  their  fidelity,  by  awaiting 
quietly  in  their  respective  homes, 
those  further  measures,  the  taking 
of  which  appertains  to  me  alone. 
"  Palace  of  Ajuda,  April  23, 1828." 


ANNUAL  REGISTER,  1827-3-9. 


He  also  caused  a  note  to  be  ad- 
dressed to  the  corps  diplomatique, 
in  which  the  whole  affair  was  as- 
cribed  to  the  spontaneous  expres- 
sion of  the  public  feeling,  which 
could  not  be  repressed,  although 
he  stated,  that  every  step  had  been 
taken  to  confine  it  within  proper 
bounds. 

The  duplicity  of  this  excuse  was 
almost  immediately  manifested,  by 
an  official  invitation,  posted  up  by 
authority  throughout  Lisbon,  to 
sign  the  address  of  the  senate. 
The  police,  too,  applied  to  many  who 
had  neglected  to  comply.  A  por- 
tion of  the  nobility,  to  the  number 
of  eighty-three  Dukes,  Marquises, 
4cc.,  was  induced  to  join  in  a  repre- 
sentation to  the  Infant,  in  which 
his  right  to  the  crown  was  asserted, 
and  the  acts  of  Don  Pedro,  since 
his  acceptance  of  the  crown  of 
Brazil,  were  stigmatized  as  illegal. 
A  convocation  of  the  three  estates 
of  the  kingdom  was  also  requested, 
for  the  sole  purpose  of  formally 
declaring  the  right  of  the  Infant  to 
the  throne.  This  representation 
was  well  understood  to  be  in  con- 
formity  with  the  wishes  of  the 
court,  and  in  fact  to  have  been  got 
up  by  its  creatures  and  favourites. 
A  compliance  with  its  request, 
however  agreeable  to  the  people 
of  Portugal,  was  plainly  a  violation 
of  the  principle  of  legitimacy,  and 
nothing  but  usurpation,  and  a  be- 
trayal of  trust  on  the  part  of  Don 
Miguel.  He  had  accepted  the 
IP in«  of  government,  as  viceroy 


to  Don  Pedro,  and  had  svvoi 
observe  the  constitutional  charter. 
A  convocation  of  the  cortes,  a  body 
unknown  10  that  instrument,  was 
consequently  a  violation  of  it,  and 
could  only  end  in  its  overthrow. 
The  foreign  ambassadors  at  Lis- 
bon, met  together  in  consequence 
of  this  movement,  and  determined 
to  suspend  all  official  intercourse 
with  the  government  of  Don  Mi- 
guel, until  further  advices  from 
their  respective  courts. 

This  determination  did  not  deter 
him  from  proceeding  in  the  exe- 
cution of  his  designs.  The  re- 
presentations from  a  few  nobility, 
and  the  municipalities  and  rabble  of 
Lisbon,  and  some  of  the  provincial 
towns,  were  regarded  by  him  as  too 
strong  an  expression  of  public  sen- 
timent  to  be  resisted ;  and  like 
Gloster,  yielding  to  their  kind  en- 
forcements, he  meekly  submitted  to 
the  fortune,  that  the  mayor  and 
aldermen  were  resolved  "  to  buckle 
on  his  back." 

On  the  3d  of  May,  he  accord- 
ingly issued  a  decree  convoking 
the  cortes  of  Lamego,  the  ancient 
three  estates  of  the  kingdom,  that 
had  not  met  since  1697. 

The  decree  run  in  the  following 
manner. 

"  The  necessity  of  convoking  the  three 
estates  of  the  kingdom,  already  acknow- 
ledged by  the  king,  my  father,  (now  in 
glory ,),in  his  decree  of  June  4, 1824,  hav- 
ing increased  by  reason  of  late  events, 
and  I,  desiring  to  satisfy  the  urgent  re- 
presentations which  the  clergy,  the  no- 
bility, the  tribumals  and  all  the  munici- 
palities have  submitted  to  my  royal  pre- 


PORTUGAL. 


461 


smce,  have  thought  proper,  in  conformity 
with  the  opinion  of  learned  persons,  zeal- 
ous for  the  service  of  God,  and  the  good 
of  the  nation,  to  convoke  the  said  three 
estates  of  the  kingdom — in  the  city  of 
Lisbon,  within  thirty  days  from  this  date 
of  the  letters  of  convocation,  to  the  end 
that  they,  in  a  solemn  and  leyai  manner 
according  to  the  usages  and  style  of  this 
monarchy,  and  in  the  form  practiced  on 
similar  occasions,  may  recognise  the  ap- 
plication of  grave  points  of  Portuguese 
right,  and  in  that  way  restore  public  con- 
cord and  tranquillity  ;  and  that  all  the 
important  business  of  the  kingdooi,  may 
take  consistence  and  just  direction.  My 
council  of  ministers  is  to  understand  my 
order  in  this  sense,  and  cause  it  to  be 
executed." 

This  decree  was  in  itself  an  as- 
sumption of  authority  in  his  own 
right.  Don  Miguel  no  longer  pur- 
ported to  act  by  delegated  authori- 
ty,  but  issued  this  ordinance  in  his 
own  name.  The  ministers  of  Bra- 
zil  at  the  courts  of  London  and 
Vienna,  protested  in  their  sove- 
reign's name  against  this  usurpa- 
tion, and  denounced  the  address  of 
the  municipality  of  Lisbon,  and  the 
decree  convoking  the  cortes,  as 
criminal  violations  of  the  rights  of 
Don  Pedro  and  his  daughter  Donna 
Maria.  This  protest  was  address- 
ed to  the  Portuguese  nation,  and 
they  were  exhorted  not  to  suffer  a 
perfidious  faction  to  overthrow  the 
tutelar  principle  of  legitimacy — "  a 
principle  which  forms  the  basis  of 
the  peace  of  Europe,  and  which 
all  its  sovereigns  have  engaged  to 
maintain  inviolate." 

This  protest  served  as  a  rallying 
point  for  the  constitutionalists,  who 
seemed  on  the  point  of  falling  with. 


out  a  struggle.     The   military  hi* 
therto  had  kept  aloof  from  the  sedi- 
tious  movements  of  the   absolute 
party ;  and  though  the  soldiers  bad 
been  placed  under  the  command  of 
more  tractable  leaders,  they  had 
always   manifested   an   unwilling- 
ness to  join  in  destroying  the  con- 
stitution.  While  the  municipalities, 
the  ignorant  peasants,  and  the  de- 
graded populace  of  the  cities,  were 
the  ready  tools  of  the  court  and 
the  priesthood;  the  soldiery, in  most 
countries  the  instruments  of  arbi- 
trary power,  seemed  here  the  sole 
hope    of    constitutional    freedom. 
They  remained  faithful  to  the  cause 
of  the  charter  ;   and  shortly  after 
the  usurpation  of  Don  Miguel,  they 
openly  revolted,  and  declared  their 
intention  to  sustain  the  claims  of 
Don  Pedro.     The  town  of  Oporto 
took  the  lead  in  resisting  the  de- 
signs of  the  apostolic  faction  ;  and 
it  was  there,  that  the  troops  first 
gave  the   signal  of  revolt.     The 
municipality    there,    as    in    other 
places,  had  joined  in  an  address  to 
the  Infant,  similar  to  that  at  Lis- 
bon.     The  merchants  and  other 
respectable  inhabitants  of  the  town, 
dissenting  from  the  sentiments  of 
the   address,  assembled    and    ex- 
pressed their  determination  to  re- 
sist the  usurpation. 

While  the  city  was  agitated  by 
these  conflicting  opinions,  the  6th 
regiment  of  infantry  arrived  to  join 
the  garrison.  This  regiment,  ori- 
ginally raised  in  Oporto,  was  deci- 


ANNUAL  REGISTER,  1827-8-9. 


dedly  liberal ;  and  excited  by  the 
example  of  their  relatives  and 
friends,  and  warmed  by  the  exhor- 
tations of  their  commander,  Don 
F.  S.  Pereria,  they  openly  espous- 
ed the  constitutional  cause,  and  in- 
duced the  18th  regiment  of  infantry 
and  4th  of  artillery  to  take  the 
same  step.  On  the  18th  of  May, 
the  three  regiments  met  in  arms 
in  the  great  square,  and  proclaimed 
Don  Pedro  and  the  charter.  The 
rest  of  the  garrison,  consisting  of 
a  regiment  of  cavalry  and  one  of 
cajadores,  followed  the  example  of 
their  comrades.  This  proclama- 
tion was  received  with  enthusiasm 
by  the  citizens,  who  freely  con- 
tributed their  money  for  the  sup- 
port  of  the  army ;  and  a  provi- 
sional government  was  establish- 
ed in  the  name  of  Don  Pedro, 
composed  of  General  Da  Costa, 
president  ;  and  Durate  Ferreri, 
Moraez,  Sarmento,  G.  Sampayo, 
F.  J.  Vanzeller,  C.  Copke,  and 
Garma  Lobo. 

The  garrisons  of  Bray  a,  Valenga, 
and  Penafiel,  on  the  north  bank  of 
the  Douro,  hastened  to  join  them 
upon  hearing  of  the  revolt ;  and  the 
students  at  Coimbra,  animated  by 
sentiments  imbibed  from  the  classic 
writers  of  antiquity,  formed  them- 
selves  into  a  corps,  and  followed 
their  example.  The  constitutional 
army,  about  4000  strong,  then  com- 
menced its  march  towards  Lisbon, 
and  was  reinforced  on  the  route  by 
the  accession  of  all  the  garrisons 


in  upper  Beira,  until  it  amounted  to 
6000  men*  They  entered  Coim- 
bra without  resistance,  and  had 
they  been  commanded  by  any  offi- 
cer of  distinguished  rank  or  charac- 
ter, and  had  improved  to  the  ut- 
most the  favourable  moment, — that 
moment  which  in  revolutions  sel- 
dom occurs  but  once,  they  would 
have  encountered  very  little  oppo- 
sition, even  at  Lisbon  ;  and  Don 
Miguel  would  probably  have  been 
compelled  to  seek  refuge  a  second 
time  in  honourable  exile.  The  ge- 
neral discontent  among  the  better 
classes,  wanted  only  encourage- 
ment to  burst  forth,  and  .the  heads 
and  adherents  of  the  apostolic  par- 
ty were  overwhelmed  with  conster- 
nation. They  knew  not  the  extent 
of  the  disaffection.  The  army, 
they  knew,  could  not  be  depended 
upon,  and  they  wanted  money  to 
pay  and  equip  the  troops  which 
were  at  their  command.  The  bank 
of  Lisbon  refused  to  loan  money 
upon  the  credit  of  the  existing  go- 
vernment, and  Don  Miguel  was 
compelled  to  resort  to  the  unpopu- 
lar expedient  of  a  forced  loan  from 
the  wealthiest  of  his  own  party. 

This  favourable  conjuncture, 
however,  was  not  seized  by  the  con- 
stitutionalists. Hesitation  and  in- 
decision again  predominated  in 
their  councils,  and  instead  of  ad- 
vancing upon  Lisbon,  (where  they 
were  earnestly  expected,)  to  coun- 
tenance their  friends  by  their  pre- 
sence, and  to  further  distract  and 


PORTUGAL. 


intimidate  the  apostolics,  they  lin- 
gered about  Coimbra  till  the  mid- 
dle of  June.  Whether  this  delay 
was  owing  to  their  desire  to  have 
the  aid  of  the  distinguished  com- 
manders, whose  return  from  Eng- 
land had  been  at  once  requested  by 
the  provisional  government,  or  to 
the  fear  of  their  retreat  to  Oporto 
being  cut  off  by  the  levies  of  the 
apostolics  in  the  northern  and  easfr- 
ern  provinces, — both  insufficient 
reasons,  and  demonstrative  of  the 
feeble  spirits  controlling  their  coun- 
cils ;  certain  it  is  that  it  was  de- 
structive to  their  hopes. 

Don  Miguel,  acquiring  confi- 
dence from  their  delay,  ordered 
the  governors  of  the  neighbouring 
provinces  to  advance  with  all  the 
forces  they  could  collect,  upon 
Oporto.  The  port  was  declared  to 
be  in  a  state  of  blockade,  with  the 
view  of  preventing  succours  from 
Great  Britain  ;  and  having  raised 
a  sum  of  money  from  among  his 
adherents,  on  the  25th  of  May,  he 
despatched  a  body  of  troops  from 
the  capital,  about  2000  in  number, 
to  aid  in  the  reduction  of  the  con- 
stitutional army. 

A  proclamation  was  issued,  (in 
which  he  still  styled  himself  regent,) 
of  the  date  of  23d  of  May,  calling 
upon  the  Portuguese  nation  to  join 
with  the  Infant  in  putting  down  the 
revolution  ;  and  assuring  them  that 
his  course  was  dictated  by  a  sincere 
desire  to  restore  the  splendour.of  the 
crown,  and  to  preserve  the  national 


honour  and  independence.  The 
disaffected  in  Lisbon  were  subject- 
edto  the  most  rigorous  surveillance ; 
and  the  prisons  were  filled  with 
those,  who  had  the  misfortune  to  fall 
under  the  suspicions  of  the  police. 
In  the  mean  time,  a  revolt  of  the 
troops  at  Lagos,  which  took  place 
upon  hearing  of  the  commotions  at 
Oporto,  had  been  repressed  by  the 
decision  of  General  Palmerim,  the 
military  Governor  of  Don  Miguel, 
in  the  Algarves.  This  fortunate 
result  in  that  quarter  re-anima- 
ted him,  and  he  looked  with  more 
confidence  to  the  issue  of  the  con. 
test  in  the  northern  provinces. 

Arms  and  munitions  were  sent 
into  the  province  of  Tras-os-Mon- 
tes,  where  the  peasants  were  de- 
voted to  the  apostolic  cause.  De- 
tachments of  troops  and  volunteers 
were  despatched  from  Lisbon  to 
the  army,  and  the  levies  raised  in 
the  provinces  were  directed  to 
unite  near  Leiria,  in  Estremadura. 
Some  skirmishing  took  place,  but 
nothing  decisive  occurred,  until  the 
royal  forces  were  concentrated  in 
front  of  the  constitutionalists. 

Don  Miguel's  forces  having  as- 
sembled,  were  now  superior  in  num- 
ber, and  they  began  to  advance 
against  them,  both  in  front  and  on 
their  flank;  and  on  the  24th  of 
June,  they  commenced  an  attack 
on  their  vanguard  in  front  of  Coim- 
bra. 

The  constitutional  troops,  finding 
themselves  outnumbered,  and  the 


464 


ANNUAL  REGISTER,  1827-8-9. 


royalists  on  their  flank,  retreated, 
and  took  up  a  new  posit  ~n  on  the 
river  Vouga.  The  sam  day,  the 
Marquis  Palmella,  the  late  Portu- 
guese  ambassador  at  London,  to- 
gether with  Counts  Villa  Flor,  De 
Taipa,  and  Sampayo ;  Generals 
Saldanha,  Xavier,  and  Stubbs,  ar- 
rived  at  Oporto  from  England. — 
They  were  received  with  the  great. 
est  enthusiasm,  and  were  appoint- 
ed  by  the  junta,  to  various  com- 
mands. Saldanha  of  the  army, 
General  Stubbs  of  the  town  of 
Oporto,  and  the  Marquis  Palmella 
was  taken  into  their  councils. 

On  the  29th  of  June,  as  Saldan- 
ha, and  Villa  Flor  were  proceeding 
from  Oporto  to  their  commands, 
they  were  met  by  couriers,  inform- 
ing them  that  an  action  had  been 
fought  on  the  bridge  of  Vouga, 
which  was  abandoned  by  their 
troops,  almost  without  a  struggle. 
This  advantageous  position  having 
been  relinquished,  but  little  hope 
remained  of  making  an  effectual  re- 
distance  in  Oporto, — an  unfortified 
town,  attacked  by  a  superior  force. 
A  council  of  war  was  called,  in 
which  the  modes  of  retreating  seem 
rather  to  have  been  discussed,  than 
the  means  of  victory  yet  remaining  ; 
and  it  was  finally  determined  to 
evacuate  Oporto,  and  to  make  their 
way  to  the  Spanish  frontier,  over- 
powering any  troops  they  might 
meet  by  the  way. 

On  the  morning  of  the  2d  of  July, 
the  junta  assembled,  and  having 


adopted  this  resolution,  dissolved. 
The  civil  and  military  authority 
was  delegated  to  two  of  their  num. 
ber,  and  to  the  general  in  command 
of  the  evacuating  army. 

The  residue  immediately  em- 
barked, with  many  others,  and  were 
fortunate  enough  to  escape  the 
blockading  squadron,  and  after  en- 
countering a  series  of  disasters, 
finally  arrived  in  England  * 

The  next  day  the  army  eva. 
cuated  the  town  in  great  confusion, 
and  commenced  their  retreat  on 
the  north  bank  of  the  Douro  to- 
wards Spain.  They  were  severely 
harassed  on  their  march  by  gueril- 
la parties  ;  and  after  some  severe 
skirmishing,  in  which  they  showed 
more  courage  than  when  fighting 
for  the  charter,  they  succeeded  on 
the  fourth  day  in  reaching  the 
Spanish  frontier.  Their  artillery 
they  were  obliged  to  leave  behind 
them,  on  account  of  the  bad  state 
of  the  roads.  The  Spanish  au- 
thorities gave  them  a  shelter  from 
their  pursuers ;  but  they  disarmed 
them,  and  took  from  them  their 
military  chest.  Finally,  they  were 
permitted  to  go  to  Ferrol  and  Co- 
runna,  whence  they  sailed  for  Ply- 
mouth,  and  established  themselves 
at  that  place  in  depot.  Thus  ter- 
minated the  efforts  of  the  constitu- 
tionalists in  Portugal,  and  with  the 
extinction  of  that  party  the  influ- 
ence of  England  in  the  government 
of  that  kingdom  departed.  For 
nearlv  a  century  it  had  been  little 


PORTUGAL, 


4t>5 


more  than  a  dependency  of  Eng- 
land. It  had  been  protected  by  it 
in  war ;  and  in  return  it  had  sur- 
rendered to  it  the  control  of  its 
commercial  policy  in  peace.  Many 
English  merchants  had  established 
themselves  in  the  seaports ;  and  a 
very  intimate  mercantile  inter- 
course and  political  connexion,  had 
subsisted  for  so  long  a  time  as  to 
render  Portugal  an  attendant  satel- 
lite upon  Great  Britain  in  the  Eu- 
ropean system.  The  existence  of 
this  influence,  which  was  equally 
potent  in  the  court  of  Brazil,  con- 
nected with  the  transmission  of  the 
charter  by  means  of  a  British 
minister  ;  the  promptitude  with 
which  the  sword  of  England  was 
unsheathed  in  its  defence  ;  and  the 
undisguised  preference  of  the  Bri- 
tish ambassador  for  the  constitu- 
tional government,  operated  to  pro- 
duce a  general  disinclination  to  it, 
as  of  English  origin.  However 
grateful  the  Portuguese  nation 
might  feel,  for  the  guardian  care 
with  which  England  had  protected 
its  independence  from  its  continen- 
tal neighbours  ;  it  did  not  relish  so 
evident  a  proof  of  the  state  of  tute- 
lage, to  which  it  had  been  reduced 
by  the  force  of  circumstances.  A 
strong  national  feeling,  therefore, 
conspired  with  bigotry,  ignorance, 
and  perhaps  a  distaste  and  unfit- 
ness  for  free  institutions,  in  aid  of 
Don  Miguel's  usurpation.  The  in- 
fluence of  England  over  its  govern, 
tnent  was  at  an  end,  and  with  but 
VOL.  in. 


little  probability  of  its  being  re- 
sumed,  except  by  means  of  a  new 
revolution. 

Don  Miguel,  however,  being 
freed  from  the  presence  of  a  hos- 
tile armed  force,  turned  his  atten- 
tion towards  the  consolidation  of 
his  power.  Severity  and  cruelty 
seemed  to  be  his  sole  expedients. 
He  had  apparently  studied  the 
science  of  government  in  the  school 
of  Tarquin  the  proud,  and  bent  his 
efforts  to  cut  off  all  that  stood  in  his 
way  to  an  absolute  throne.  Before 
the  end  of  June,  he  had  filled  the 
prisons  with  the  victims  of  his  sus- 
picions. In  Lisbon  alone  3000  men 
were  confined  ;  and  every  packet 
that  sailed  from  England  diminished 
the  number  of  his  opponents,  by 
carrying  away  the  most  respecta- 
ble and  wealthy  inhabitants  of  the 
capital.  No  obstacles  were  inter- 
posed to  the  departure  of  many 
distinguished  noblemen,  whose  op- 
position in  the  assembly  of  the 
three  estates,  to  the  designs  of  Don 
Miguel  was  probably  apprehended : 
and  when  the  cortes  met  on  the 
23d  of  June,  such  had  been  the 
judicious  management  in  the  choice 
of  delegates,  by  rejecting  the  votes 
of  all  electors  tainted  with  libe- 
ralism, that  no  ill-timed  dis- 
cussions were  entertained  in  that 
body  as  to  the  rights  of  Don  Mi. 
guel. 

This  assembly,  known  to  the 
Portuguese  nation  as  an  ancient 
legislative  assemblage,  had  been 

59 


400 


ANNUAL  REGISTER,  1827-8-9. 


convoked  about  one  hundred  times 
since  its  institution  in  1143.  Of 
late  years  it  had  not  met,  and  was 
regarded  as  an  obsolete  body,  not 
having  been  convoked  since  1697. 

The  three  estates  of  the  king- 
dom purported  to  be  represented 
in  it ;  and  on  the  present  occasion, 
they  were  represented  by  the  car- 
dinal, the  patriarch  and  18  bishops 
and  priors  on  the  part  of  the  clergy, 
54  dukes,  barons,  &c.  and  50 
chancellors,  judges,  and  17  proxies 
on  the  part  of  the  nobility,  and  153 
delegates  representing  84  towns 
on  the  part  of  the  commons.  They 
met  in  the  royal  palace,  Don  Mi- 
guel being  seated  on  the  throne, 
and  the  opening  speech  was  read 
by  the  bishop  of  Viseu.  They 
then  separated,  and  proceeded  to 
their  respective  places  of  delibera- 
tion ;  the  clergy  to  the  church 
of  St.  Antonio  da  Se,  the  nobility 
to  that  of  St.  Roque,  and  the  popu- 
lar deputies  to  that  of  St.  Fran- 
cisco. 

They  then  proceeded  with  great 
unanimity  to  declare  Don  Miguel 
the  lawful  king  of  Portugal  and 
Algarves  and  their  dominions; 
and  to  state  the  grounds  upon 
which  Don  Pedro,  the  eldest  re- 
presentative of  the  reigning  fa- 
mily, was  set  aside.  The  adherents 
of  Don  Miguel  asserted,  that  Portu- 
gal, by  its  fundamental  law  of  the 
Cortes  de  Lamego,  in  1147,  Art.  6, 
Itad  established  as  an  invariable 
rule,  that  "the  eldest  daughter  of 


the  king  shall  never  many  any 
other  than  a  Portuguese  lord,  in 
order  that  in  no  instance  a  foreign 
prince  may  be  king  of  these  realms. 
And  if  the  eldest  daughter  of  the 
king  does  marry  a  foreign  lord, 
she  will  never  be  acknowledged  as 
queen."  With  this  law,  and  on  this 
condition,  the  Cortes  of  Lamego  in- 
vested their  first  king,  Don  Alphon- 
sus,  with  the  Portuguese  diadem. 
They  then  showed,  by  precedents 
from  the  history  of  Portugal,  that 
the  cortes  had  at  various  times  ex- 
ercised  the  right  of  preventing  the 
accession  of  the  eldest  branch,  with 
the  view  of  excluding  foreign  prin^ 
ces,  although  the  nearest  in  kin  to 
the  king ;  and  that  this  fundamental 
law  had  been  re-enacted  by  the  cor- 
tes in  1641,  and  by  an  edict  of  king 
D«nJoaoIV.inl642.  They  there- 
fore  asserted,  that  Don  Pedro  had 
forfeited  his  right  to  the  crown,— ~ 

1st.  Because,  although  he  was> 
by  his  birth,  as  eldest  son  of  king 
Don  Joao  VI.,  the  lawful  heir  to  the 
crown  of  the  united  kingdom  of 
Portugal,  Brazil,  and  Algarves,  he 
forfeited  that  claim  in  1822,  by  re- 
volting  against  his  father  and  natu- 
ral lord,  and  taking  arms  against 
his  country,  and  dismembering  the 
monarchy. 

2d.  He  had  taxed  the  compact, 
which  bound  the  Portuguese  nation 
to  him,  driving  the  Portuguese  out 
of  the  Brazils ;  confiscating  their 
property ;  insulting  the  Portuguese 
nation  by  the  most  injurious  pro- 


PORTUGAL. 


467 


i&umations,  in  which  he  positively 
declared  his  connexions  to  be  dis- 
solved with  Portugal. 

3d.  He  had  forfeited  the  claim 
to  the  crown  of  Portugal,  and  re- 
nounced virtually  the  same,  by  the 
constitution  given  to  the  Brazils, 
and  sworn  to  by  him,  on  the  llth 
December,  1823,  considering  him- 
self a  Brazilian  citizen,  (a  foreigner 
to  Portugal,)  by  the  6th  Art.  of 
the  same,  in  which  he  qualifies  as 
such,  "  all  those  born  in  Portugal, 
or  its  possessions,  who  being  re- 
sident in  Brazil  at  the  time  of  pro- 
claiming the  independence  of  the 
provinces  in  which  they  reside, 
shall  adhere  to  that  independence 
expressly  or  tacitly,  by  continuing 
their  residence. "  The  fundamen- 
tal law  of  Portugal  excluding  fo- 
reigners from  the  succession,  the 
emperor  Don  Pedro  had  disqualified 
himself  from  succeeding  to  the 
crown  of  Portugal,  by  this  act. 

4th.  He  had  contracted  a  further 
disability  of  being  ever  called  to 
the  throne  of  Portugal,  which  re- 
quires a  king  resident  in  the  king- 
dom. The  Art.  104  of  the  Bra- 
•zilian  constitution,  declares  ex- 
pressly, "  that  tke  emperor  cannot 
go  out  of  Brazil  without  the  con- 
sent of  the  General  Assembly ;  and 
if  he  does  so,  he  is  considered  as 
abdicating  the  crown."  The  em- 
peror  Don  Pedro  having  refused  to 
return  to  Portugal,  when  called  by 
the  nation  and  by  his  father  in 
1821 — remaining  out  of  the  country 


against  the  will  of  the  nation,  and 
in  defiance  of  the  laws  of  Portugal, 
which  require  the  residence  in  the 
kingdom  of  the  heir  apparent — con- 
firmed, by  the  above  article,  his 
unconditional  and  decided  renun- 
ciation of  the  crown  of  Portugal. 
He  considered  himself  so  much  a 
complete  foreigner  to  Portugal, 
that  by  the  Art.  118  of  the  above 
constitution,  he  excludes  entirely 
the  dynasty  of  Braganza  from  the 
throne  of  Brazil,  by  directing, 
"  that,  in  the  case  of  the  lines  of 
the  legitimate  descendants  of  Don 
Pedro  becoming  extinct,  the  Gene- 
ral Assembly,  during  the  life  of  the 
'last  descendant,  is  to  elect  a  new 
dynasty;"  and  by  the  Art.  119, 
settling  further  "  that  no  foreigner 
can  succeed  to  the  imperial  throne 
of  Brazil." 

5th.  By  the  constitution  which 
the  emperor  Don  Pedro  sent  to  Por- 
tugal from  Brazil,  dated  29th  April, 
1826,  he  pronounced  his  own  dis- 
qualification to  reign  in  Portugal, 
enacting,  by  the  Art.  8th,  that  "  a 
native  of  Portugal  loses  his  rights 
of  a  Portuguese  subject,  by  natu- 
ralizing himself  in  a  foreign  coun- 
try;" and  further  by  the  Art.  89, 
"  that  no  foreigner  can  succeed  to 
the  throne  of  Portugal." 

For  these  reasons  it  was  con, 
tended,  that  Don  Pedro  was  dis- 
qualified either  to  succeed  himself, 
to  name  a  successor,  or  to  interfere 
in  any  manner  with  the  govern- 
ment of  Portugal.  The  nation, 


ANNUAL  REGISTER,  1827-8-,®. 


therefore,  was  compelled  to  desig- 
nate the  successor,  and  the  cortes 
performed  that  duty  by  proclaim- 
ing  Don  Miguel.  This  was  done 
on  the  26th  of  June ;  and  on  the  4th 
of  July,  Don  Miguel,  by  an  ordi- 
nance, confirmed  the  judgment  of 
the  cortes,  and  formally  assumed 
the  title  of  King  of  Portugal  and 
the  Algarves. 

A  decree  was  also  passed,  re- 
storing Chaves  and  his  associates, 
their  estates  and  employments,  of 
which  they  had  been  deprived,  for 
their  rebellion  against  the  late  go- 
vernment. The  three  estates  fin  ally 
joined  in  a  report  of  the  reasons 
influencing  their  decision  in  favour 
of  Don  Miguel,*  and  were  dis- 
solved on  the  15th  of  July. 

The  Infant  was  now  invested  in 
due  form  with  the  powers,  which  he 
had  hitherto  exercised  by  virtue  of 
delegated  authority.  The  ambas- 
sadors  of  the  European  powers, 
with  the  exception  of  Spain  and 
the  Pope,  left  Lisbon  upon  his  be- 
ing proclaimed  king ;  and  express- 
ed the  disapprobation  of  their  sove- 
reigns at  his  proceedings,  by  the 
dissolution  of  all  official  intercourse 
with  him :  and  the  Brazilian  am- 
bassadors at  London  published  a 
protest  against  the  proceedings  of 
the  cortes,  and  set  forth  the  grounds 
upon  which  they  relied  to  support 
the  claim  of  Don  Pedro. 

These  are  comprehended  in  the 
following  extracts  from  the  protest : 


We  are  v/ell  aware  that  upon  las  «s«^ 
tinction  of  the  direct  and  legitimate  line 
of  a  reigning  dynasty,  when,  in  the  col- 
lateral branches,  many  pretenders  appear 
to  the  succession  to  the  vacant  crown., 
the  decision  of  this  important  question  of 
the  superior  justice  of  any  particular  one'» 
claim,  appertains  to  the  superior  authori- 
ties of  the  state. 

But  as  snch  a  question  cannot  occur 
when  succession  to  a  crown  is  regulated 
by  the  right  of  a  promogeniture ;  the  he- 
reditary rights  of  our  august  master, 
could  not  admit  of  a  doubt  at  the  period 
of  the  King  his  father's  decease ;  nor  were 
they  doubted. 

Before  even  learning  at  Rio  de  Janeiro 
the  sad  news  of  the  event  which  opened 
this  precious  succession,  H.  I.  M.  had 
been  proclaimed  King  in  Portugal,  and 
immediately  acknowlegdged  as  such  by 
all  the  Sovereigns  and  Governments  of 
Europe. 

This  proclamation  and  acknowledg- 
ment, spontaneous  and  formal,  affords 
evidence  so  irrefragable  and  solemn  of  the 
legitimacy  of  the  hereditary  rights  of  H. 
M.  the  Emperor  of  Brazil  to  the  crowu  of 
Portugal,  that  we  could  content  ourselves 
with  opposing  it  to  the  usurping  faction 
which  has  dared  to  brave  the  unanimous 
opinion  of  the  powers  of  Europe,  and  of 
the  majority  of  the  Portuguese  nation. 

But  we  will  not  confine  ourselves  to 
this  allegation.  We  will  do  more ;  we 
will  combat  the  two  arguments  of  which 
this  perfidious  faction  has  availed  itself  in 
order  to  attack  rights  soincontestibly  just. 

1st.  That  of  an  ancient  law  enacted 
by  the  Cortes  of  Lamego,  which  we 
transcribe  in  its  proper  terms.  "  Sit  ita  in 
sempiternum,  quod  prima  filia  regis  reci- 
piat  maritum  de  Portugale,  ut  non  venit 
regnum  ad  extraneous  etsi  cubaverit  cum 
principe  extraneo  non  sit  regina,  quia 
nunquam  volumus  nostrum  regnum  ire 
fore  Portugalibus,  qui  reges  fecerunt  sine 
adjutoris  alieno,  per  suam  fortitudinem." 

By  changing  the  sense  of  this  law, 
(whose  very  existence  in  fact  is  extreme- 
ly doubtful,  but  which  we  willingly  ad- 
mit,) the  usurping  faction  supposes  that, 
in  consequence  of  his  accession  to  the 
throne  of  Brazil,  H.  I.  M.  forfeited  his 
quality  of  Portuguese  Prince,  and  accord- 
ingly became  incapable  of  succeeding  to 
the  crown  of  Portugal  after  the  death  of 
his  father. 


*  Vide  Public  Documents,  2d  part. 


PORTUGAL. 


"  The  false  application  of  this  law  is  evi- 
dent. This  law  forbids  Queens  of  Por- 
tugal to  intermarry  with  Princes  of  fo- 
reign birth ;  but  it  does  not  prevent  Por- 
tuguese Princes  from  acquiring  the  crown 
of  another  state,  nor  from  succeeding  to 
that  of  Portugal  after  having  acquired 
another  sovereignty  ;  the  history  of  Portu- 
gal itself  affords  us  proofs  oi  this.  King 
Don  Aiphonso  JII.,  who  was  a  Portuguese 
Prince,  and  possessor  of  the  county  of 
Bologna,  succeeded  to  his  brother,  King 
Sancho  II.,  preserving  still  the  sovereign- 
ty of  Bologna.  King  Aiphonso  V.  wore 
the  crown  of  Portugal,  as  well  as  that  of 
Castile  and  of  Leon.  And  King  Don 
Emanuel  was  at  the  same  time  monarch 
of  Portugal,  Castile,  Leon,  and  Arragon. 

And  since  this  law  did  not  formerly 
exclude  the  Count  of  Bologna,  Don 
Aiphonso,  from  the  succession  to  the 
crown  of  Portugal,  it  cannot  at  present 
exclude  H.  M.  the  Emperor  of  Brazil  and 
Prince  Royal  of  Portugal,  from  the  same 
succession. 

2d.  That  of  a  law  subsequently  made, 
on  the  12th  of  September,  1642,  by  King 
John  IV.,  at  the  request  of  the  Three 
Estates,  and  containing  the  ratification 
of  that  of  Lamego.  It  is  said  in  this 
second  law,  "  that  the  successor  to  the 
crown  must  be  a  Prince  born  in  Portugal, 
and  that  no  foreign  Prince  by  birth, 
however  near  a  relative  he  may  be  to  the 
King,  can  ever  succeed  to  him." 

Now,  as  this  exclusion  has  reference 
only  to  Princes  born  in  a  foreign  country, 
it  is  manifest  that  it  cannot  be  applicable 
to  H.  I.  M.,  who  first  saw  the  light  in 
Portugal.  Moreover,  as  neither  of  these 
laws  has  anticipated  the  case  of  a  parti- 
tion of  the  crown  of  the  Portuguese  mo- 
narchy by  a  solemn  convention  between 
the  king  and  his  legitimate  heir  and 
successor,  (which  has  happened  for  the 
first  time  between  H.  I.  M.  King  John 
VI.  and  his  eldest  son,  the  Prince  Royal 
Don  Pedro,)  these  laws,  we  repeat  it, 
cannot  be  applicable  to  the  case  under 
consideration. 

In  ratifying  the  treaty  of  the  29th  of 
August,  Ib25,  by  which  the  partition  of 
the  crown  was  effected,  H.  M.  King  John 
VI.  promulgated,  on  the  15th  of  Novem- 
ber, 1U25,  a  perpetual  law  and  edict,  in 
which  he  recognise?  his  eldest  son,  the 
Emperor  of  Brazil,  as  Prince  Royal  of 
Portugal,  and  expressly  revokes  all  the 
laws,  usages,  regulations  and  decrees  of 


the  Cortes,  which  might  be  of  a  contrary 
nature  to  the  purport  of  this  law. 

For  a  novel  and  unforeseeu  exigency  a 
new  law  was  absolutely  requisite. 

And  as  the  authority  of  H.  M.  King 
John  VI.  was  as  full  and  unlimited  as 
that  of  his  august  predecessor,  King 
John  IV.,  the  law  of  the  15th  of  Novem- 
ber,  1825,  (published  in  consequence  of  a 
treaty,  which  is  a  sa.ered  and  inviolable 
covenant,  and  a  supreme  law  amongst  all 
civilized  nations,)  has  become  a  funda- 
mental law  of  Brazil  and  Portugal,  and 
is  the  only  one  which  ought  to  regulate* 
as  it  has  done,  the  succession  to  the 
crown  of  Portugal,  when  a  vacancy  of 
the  throne  occurs 

Having  thus  completely  exhibited 
the  illegality  of  the  decision  of  the  self 
styled  Three  Estates  of  the  Kingdom,  as 
well  as  the  falsity  of  the  arguments  alle- 
ged by  them  in  favour  of  the  usurpation, 
it  only  remains  for  us  to  fulfil  a  mournful 
but  honourable  duty,  that  of  protesting, 
as  we  do  protest,  openly  in  the  face  of  the 
universe,  against  the  usurpation  of  the 
crown  of  Portugal,  recently  made  to  the 
prejudice  of  H.  M.  the  Emperor  of  Bra- 
zil and  king  of  the  said  Kingdom,  as 
well  as  that  of  his  well  beloved  daughter, 
Donna  Maria  da  Gloria  ;  and  we  confide 
this  solemn  protestation  to  the  omnipo- 
tence of  the  Supreme  Arbiter  of  Empires, 
and  to  the  justice  of  all  the  Sovereigns  of 
Europe. 

Written  at  London,  this  eighth  day  of 
August,  1828. 

f<a-       A\   $  Marquis  de  REZENDE, 
(Signed)  j  Vi8Junt  u-iTABAYANA. 


This,  however,  did  not  operate  as 
a  check  in  the  headlong  career  ef 
Don  Miguel.  With  the  decision  and 
energy  which  have  m  rked  his  des- 
potic course,  he  resolved  to  crush  all 
semblance  of  opposition.  Almost 
immediately  after  being  proclaim- 
ed, he  appointed  a  special  com- 
mission to  make  the  circuit  of  the 
kingdom,  to  punish  all  who  had 
taken  part  in  the  late  revolt  at 
Oporto.  An  amnesty  had  been 
previously  published,  to  all  who 


470 


ANNUAL  REGISTER,  1827-8-9. 


were  detained  in  the  prisons  of 
Lisbon  and  Oporto,  except  for  trea- 
son, perjury,  blasphemy,  &c.  ;  and 
thus  they  had  been  relieved  from  a 
part  of  the  accused  who  encum- 
bered them.  Now,  however,  it 
was  understood  that  the  Atlantic 
islands  refused  to  acknowledge  Don 
Miguel,  and  this  new  cause  of  irri- 
tation, occasioned  new  severities 
against  the  constitutionalists. 

The  members  of  this  commission 
Tvere  to  be  paid  from  the  confisca- 
tions they  made  ;  and  this  premium 
on  convictions  produced  its  natural 
effects.  In  Oporto  alone  650  per- 
sons were  imprisoned  for  trial ; 
and  in  the  course  of  one  month  out 
of  125  tried,  80  were  condemned 
to  death.  It  was  estimated  that 
throughout  the  kingdom  15000  men 
were  incarcerated  for  political  of- 
fences ;  and  the  prospect  of  being 
subjected  to  the  supervision  of  this 
ruthless  tribunal  filled  the  public 
mind  with  dismay,  and  excited  a  ge- 
neral apprehension,  except  among 
the  violent  partizans  of  the  court. 

Decrees  were  also  promulgated, 
confiscating  the  property  of  all 
Portuguese  emigrating  without  the 
royal  consent.  These  measures, 
which  established  the  authority  of 
Don  Miguel,  did  not  fUl  the  treasury, 
nor  even  check  the  decline  of  pub- 
lic credit.  The  5  per  cent,  loan 
sunk  from  82  to  52,  and  the  4  per 
cents  fell  to  42 ;  and  then  the  price 
was  merely  nominal.  Deprived 
by  his  violence  and  perfidy  of  those 


resources,  which  rightfully  belong- 
only  to  good  faith  and  integrity., 
Don  Miguel  was  compelled  to  re- 
sort to  forced  loans  and  contri- 
butions ;  but  these  expedients 
only  produced  the  paltry  sum  of 
£4000. 

An  expedition  was,  however, 
finally  fitted  out  to  reduce  the 
island  of  Madeira,  composed  of  one 
ship  of  the  line,  three  frigates,  and 
seven  smaller  vessels,  with  about 
2500  troops.  This  fleet  sailed  from 
Lisbon  on  the  9th  of  August,  com- 
manded by  Admiral  Henriquez  da 
Fonesca  de  Souza  Rego,  and  ar- 
rived off  Madeira  on  the  17th. 

This  island,  having  more  than 
100,000  inhabitants,  is  not  acces- 
sible except  at  four  points,  defend- 
ed by  forts.  A  landing,  however, 
was  effected  on  the  evening  of  the 
22d,  in  the  bay  of  Machica — the 
forts  having  been  occupied  by  the 
troops  without  resistance. 

The  next  day  they  marched 
upon  Funchal,  driving  in  the  mili- 
tia of  the  island,  and  taking  pos- 
session of  the  town  after  a  trivial 
resistance,  amid  the  acclamations 
of  the  inhabitants.  Valdez,  the 
governor,  with  his  officers,  escaped 
on  board  of  a  British  vessel  of  war 
lying  in  the  roads,  in  which  they 
were  conveyed  to  England.  The 
island  having  been  reduced  thus 
easily,  the  same  course  of  trials 
and  condemnations  was  had  as  at 
Oporto  ;  and  hundreds  of  the  most 
wealthy  and  intelligent  of  the  popu- 


PORTUGAL. 


471 


Jation  compelled  to  liee  to  America 
and  England  for  safety. 

A  portion  of  the  squadron  then 
proceeded  to  the  Azores,  which 
were  easily  reduced,  with  the  ex- 
ception of  Terceira.  This  island 
successfully  resisted  the  efforts  of 
the  royal  forces.  The  governor, 
General  Cabreira,  acted  with  de- 
cided courage — he  repressed  an  in- 
surrection  of  a  portion  of  its  popu- 
lation, that  declared  in  favour  of 
Don  Miguel,  and  held  the  island 
for  the  young  queen.  A  second 
expedition,  sent  against  it  in  Oc- 
tober, was  even  more  unsuccessful, 
having  been  shattered  by  tempests, 
and  returned  without  effecting  any 
thing.  A  portion  of  the  constitu- 
tional emigrants  afterwards  threw 
themselves  into  the  island  ;  and 
it  remained  inaccessible  both  to 
the  intrigues  and  attacks  of  Don 
Miguel,  down  to  the  end  of  the 
period  of  which  we  are  treating. 

While  these  events  were  tran- 
spiring in  Portugal,  the  emperor  of 
Brazil  was  adopting  various  expe- 
dients to  carry  his  views  into  ef- 
fect, without  resorting  to  actual 
force. 

On  the  3d  of  March,  1828,  while 
Don  Miguel  was  preparing  to  dis- 
solve the  chambers,  and  to  abolish 
the  charter,  Don  Pedro  issued  a 
decree,  definitively  abdicating  the 
crown  of  Portugal,  and  appointing 
his  brother,  regent  and  lieutenant 
genera!  to  carry  the  decree  into 
execution. 

Afterwards,  understanding  that 


even  this  did  not  satisfy  the  am- 
bition of  Miguel,  he  resolved  to 
send  his  daughter  to  Europe,  in 
the  hope,  that  as  her  husband,  and 
as  actual  sovereign,  he  would  be 
content  to  reign  under  the  charter, 
rather  than  incur  the  hazard  of  a 
civil  war.  A  squadron  of  two 
frigates  was  therefore  equipped,  and 
on  the  5th  of  July,  at  the  very  mo- 
ment that  Don  Miguel,  in  the  east- 
ern hemisphere  confirmed  the  de- 
cree of  the  cortes  by  which  the 
charter  was  annihilated,  the  young 
queen,  under  the  guardianship  of 
General  Brandt,  set  sail  from  Rio 
Janerio  to  carry  it  into  effect. 

Scarcely  had  the  vessels  put  to 
sea,  when  the  news  arrived  of  the 
dissolution  of  the  chambers,  and 
the  convocation  of  the  cortes. 
This  information  ought  to  have 
satisfied  Don  Pedroj  that  paper 
edicts  from  the  other  side  of  the 
Atlantic,  would  not  suffice  to  re- 
gulate the  affairs  of  Portugal,  or  to 
repress  the  eccentric  movements 
of  a  fanatic  and  uncontrollable  fac- 
tion. The  contest  between  two 
opposite  parties  had  already  com- 
menced, *and  nothing  but  force 
could  determine  the  result.  In- 
stead, however,  of  retiring  with  a 
good  grace  from  the  contest,  or  of 
preparing  for  its  decision  in  the 
only  manner,  in  which  such  a  dis- 
pute between  governments  could 
be  settled,  he  issued  another  edict, 
in  which  he  denominated  himself 
the  father  and  guardian  of  the 
legitimate  queen,  and  endeavour- 


472 


ANNUAL  REGISTER,  1827-8-9. 


ed  by  exhortations,  to  recall  his 
brother,  and  his  adherents,  to  the 
path  of  loyalty,  and  constitutional 
government.  His  ministers,  as 
we  have  already  stated,  went  fur- 
ther,  and  sanctioned,  by  their  muni- 
festoes,  the  revolt  at  Oporto. 

That  revolt  being  quelled,  Don 
Miguel  felt  his  apprehensions  on 
the  side  of  Brazil  dissipated ;  but 
the  arrival  of  Donna  Maria  at 
Gibraltar,  on  the  2d  of  September, 
inspired  him  with  fresh  inquietude. 
It  was  understood,  that  the  com- 
mander of  the  squadron  had  re- 
ceived orders  to  land  her  at  Li- 
vourne,  or  at  Genoa,  and  that  the 
emperor  of  Austria  had  directed 
the  prince  Kinsky  to  proceed  there 
to  receive  the  young  queen,  and  to 
conduct  her  to  Vienna,  where  her 
education  was  to  be  finished.  In 
that  court — or  receptacle  for  the 
young  disturbers  of  thrones,  she 
was  to  have  been  placed  under  the 
same  government  with  the  young 
Duke  of  Reichstadt,  and  would 
probably  have  occasioned  as  little 
disturbance  to  the  usurping  king  of 
Portugal,  as  the  son  of  Napoleon 
does  to  the  legitimate  monarch  of 
France. 

The  Brazilian  consul  at  Gibral- 
tar prevented  the  execution  of  this 
scheme,  by  sending  out  some  small 
vessels  to  inform  the  commander 
of  the  squadron,  of  the  posture  of 
affairs,  and  directing  him  to  stop 
in  the  strait. 


A  consultation  was  then  held  oil 
board  of  the  frigate  1'Imperatrice  ; 
and  it  was  determined  to  despatch 
the  other  frigate  to  Brazil,  to  in- 
form the  emperor  of  the  consumma- 
tion of  his  brother's  usurpation, 
and  to  proceed  in  the  other,  with 
the  young  queen,  to  England. 

She  was  received  by  the  British 
government,  upon  her  landing  at 
Falmouth,  with  the  most  marked 
attentions  ;  and  the  Portuguese 
emigrants  crowded  around  her  with 
the  greatest  enthusiasm. 

The  feelings  of  the  British  na* 
tion  were  warmly  enlisted  in  her 
behalf;  and  the  most  sincere  in. 
dications  were  given,  that  every 
effort  within  the  limits  of  neutrality, 
would  be  made  to  enable  her  to 
recover  the  crown  of  Portugal. 

This  disposition,  however,  did 
not  induce  the  government  to  com- 
mit  itself  by  any  overt  act  of  hosti- 
lity. Its  policy  did  not  justify  a 
thorough  espousal  of  the  liberal 
party ;  and  this  neutrality  was  so 
strictly  observed,  that  the  Por- 
tuguese emigrants,  who  were  es- 
tablished in  depot  at  Plymouth,  were 
prevented  from  organizing  an  ex- 
pedition against  Don  Miguel.  They 
afterwards  were  permitted  to  de- 
part, upon  the  assurance  of  the  mar- 
quis de  Palmella,  that  they  should 
not  be  directed  against  Portugal  ; 
but  they  determined  while  at  sea, 
to  throw  themselves  into  Terceira. 
A  British  squadron  had  been  sent 


PORTUGAL. 


473 


by  the  government,  which  felt  sus- 
picious  of  their  real  destination,  to 
prevent  this  breach  of  neutrality  ; 
but  an  American  vessel  succeeded 
in  landing  about  three  hundred, 
and  by  some  other  additions,  the 
garrison  was  augmented  to  three 
thousand  five  hundred,  so  as  to 
enable  it  to  bid  defiance  to  the 
power  of  Miguel. 

The  arrival  of  the  young  queen 
in  Europe,  while  it  produced  a  great 
sensation  in  England,  was  not  with- 
out effect  in  Portugal. 

Some  symptoms  of  inquietude 
appeared  in  the  provinces,  and 
guerilla  parties  in  tho  north  caus- 
ed apprehensions  of  a  new  in- 
surrection. These,  however,  were 
easily  suppressed,  and  the  aposto- 
lic party,  in  order  to  place  its  as- 
cendency upon  a  sure  basis,  under- 
took to  form  loyal  associations,  or 
clubs  of  absolutists,  in  the  various 
communes  and  villas  in  the  provin- 
ces. They  had  already  reaped  the 
benefit  of  this  expedient,  during 
the  late  revolt,  from  the  associations 
in  Lisbon,  and  they  wished  to  aug- 
ment the  support  by  extending  the 
associations  over  a  wider  field.  A 
decree  of  the  16th  of  October,  au- 
thorized the  creation  of  these  so- 
cieties, and  empowered  their  offi- 
cers to  arrest,  and  bring  to  trial, 
aiiy  one  suspected  of  being  a  libe- 
ral, or  a  free  mason.  With  the  view 
of  stimulating  their  zeal,  a  premi- 
um on  convictions  was  given  by 
awarding  to  the  judges  a  share  of 

VOL.  HI. 


the  fines  and  confiscations.  The 
governors  of  the  provinces  were 
ordered  to  forward  the  formation  of 
these  associations,  which  were  re- 
garded  as  the  best  defence  of  the 
altar  and  the  throne  ;  and  the  un- 
fortunate population  of  Portugal 
were,  in  this  manner,  subjected  to 
the  rigours  of  a  self-erected  police, 
whose  activity  and  vigilance  were 
stimulated  by  fanaticism,  and  who 
extended  their  surveillance  to  the 
minutest  affairs  of  domestic  and  so- 
cial life. 

This  system  succeeded  in  aug- 
menting the  misery  of  the  king- 
dom, and  in  filling  it  with  distress, 
distrust,  and  terror.  Perhaps  in  no 
part  of  Europe,  within  the  last  cen- 
tury, have  the  effects  of  despotic 
power  and  fanaticism  been  more 
fully  developed  than  here.  Com- 
merce languished ;  capital  was 
withdrawn  from  the  kingdom  ;  pub- 
lic credit  was  destroyed  ;  and  all 
who  fell  under  the  suspicions  of  the 
government,  were  incarcerated  in 
prisons,  where  confinement  was 
equivalent  to  the  punishment  which 
awaited  conviction. 

When  the  truth  shall  be  broughf 
to  light,  the  scenes  that  have 
lately  transpired  in  Portugal,  will 
show  that  the  age  of  historical  tra- 
gedy has  not  yet  gone  by.  Some 
of  the  prisoners  were  murdered  on 
their  passage  from  one  prison  to 
another  ;  and  such  were  the  cruel- 
ties exercised  in  some  of  those 
abodes  of  suffering,  thattlw  prison 

60 


474 


ANNUAL  REGISTER,  1827-8-y 


ers,  in  despair,  sought  to  provoke 
the  guards  to  relieve  their  misery 
by  death. 

This  rigour  had  nearly  produced 
another  insurrection  at  Oporto, 
where  the  people  were  with  diffi- 
culty retained  in  subjection  to  this 
oppressive  tyranny;  and  another 
at  Lisbon,  where,  on  the  9th  of 
January,  1829,  an  extensive  con- 
spiracy to  overturn  the  govern- 
ment was  detected,  and  those  en- 
gaged in  it  punished  by  death. 
The  public  mind  throughout  the 
kingdom,  however,  was  not  yet  pre- 
pared for  its  overthrow  ;  and  no  in- 
dications were  given  of  aid  from 
abroad,  to  enable  the  people  to 
drive  from  this  beautiful  land  the 
absolute  faction. 

It  was  manifest  that,  aided  by 
the  direct  countenance  of  Spain, 
and  by  the  secret  encouragement 
of  the  French  ultras,  it  had  tri- 
umphed over  the  charter  and  its  ad- 
herents, in  spite  of  the  support  of 
Brazil,  and  the  wishes  of  Great 
Britain.  The  liberal  party  had 
not  dared  to  act  with  the  decision 
and  energy  of  their  opponents. — 
They  had  been  repressed  by  their 
regard  for  the  principles  of  national 
and  constitutional  law  ;  as  well  as 
by  the:  contradictory  principles  in- 
fluencing the  policy  of  the  British 
government ;  while  the  others  had 
pressed  forward  to  the  attainment 
of  their  desires,  unscrupulous  as  to 
the  means,  and  regardless  of  con- 


While  England,  hesitatjug  to 
place  herself  at  the  head  of  the 
party,  which  contended  for  the  es- 
tablishment of  constitutional  mo- 
narchy, stood  aloof,  and  shrunk 
from  using  the  tremendous  power 
which  was  placed  in  her  hands,  by 
the  discontent  and  disaffection  pre- 
vailing both  in  France-  and  Spain, 
against  their  governments ;  the 
Jesuits  and  ultras  of  the  former,  and 
the  apostolics  and  absolutists  of 
the  latter,  fomented  the  tumults  and 
rebellions  in  Portugal,  and  finally 
succeeded  in  overthrowing  the  con- 
stitution, and  erecting  an  absolute 
throne  on  its  ruins.  How  long 
this  despotism  is  to  last ;  how  long 
this  portion  of  Europe,  favoured 
alike  by  position  and  climate  is  to 
endure  this  system  of  tyranny 
and  misgovernment,  are  questions 
which  futurity  alone  can  determine. 

The  Emperor  of  Brazil  has  de- 
clared, that  he  will  not  submit  to  the 
usurpation  of  Don  Miguel,  and  that 
he  will  maintain  the  rights  of  his 
daughter-by  arms  ;  and  it  is  not  pro- 
bable that  Great  Britain  will  silent- 
ly acquiesce  in  the  loss  of  her  in- 
fluence over  Portugal,  and  in  the 
triumph  of  her  continental  rivals. 
These  matters,  however,  as  yet,  be- 
long to  the  future. 

The  relations  between  Don  Mi- 
guel and  those  kingdoms  are  still 
unsettled  ;  but  enough  has  not  at 
present  transpired  to  enable  us  tr» 
continue  the  history  of  Portugal 


CHAPTER  XVIII. 


MEXICO. 


General  mew  of  Spanish  American  States — Stale  of  parlies  in  Mexico — 
Montana's  plan  of  reform — Bravo  declares  in  favour  of  it — Banished 
— Pedraza  elected  President — Santa  Anna  revolts — Revolution  in  Mexi- 
co— Guerrro  declared  President — Expulsion  of  Spaniards — Invasion 
of  Mexico— Finances —  Commerce. 


THE  condition  of  the  infant  states 
of  the  American  continent  has 
been  hitherto  so  much  disturbed  by 
revolutionary  movements,  that  the 
full  influence  of  the  change  in  their 
relations  with  Europe  seems  rather 
to  be  anticipated  than  felt.  The 
arbitrary  government  of  Spain  has 
been  succeeded,  by  that  of  the 
sword.  One  violent  revolution  has 
been  followed,  by  another  equally 
violent.  Military  chieftains  called 
to  preside  over  the  political  desti- 
nies of  their  respective  states,  have 
only  afforded  temptation,  and  the 
opportunity,  by  their  absence  from 
the  army,  to  their  rivals  to  force 
them  from  their  places ;  and  the 
chief  station  in  the  state  is  scarcely 
attained,  when  its  occupant  is  dis- 
placed by  some  new  Imperator. 
We  hear  indeed  of  conventions  as- 
sembling for  the  formation  of  con- 
stitutions ;  but  their  provisions  are 
scarcely  promulgated,  ere  a  new 
arrival  informs  us  of  their  over- 


throw, and  the  establishment  of 
some  novel  political  code.  These 
indications  of  confusion,  together 
with  the  accounts  from  all  these  in- 
fant states,  of  disregard  of  law,  for- 
cible depositions,  executions,  ba. 
nishmerits,  and  ruined  public  credit, 
lead  us  to  the  conclusion  that  their 
revolution  is  still  progressing,  and 
that  many  years  must  elapse  be- 
fore their  governments  can  assume 
a  settled  form.  Let  it  not,  how- 
ever,  be  imagined,  that  the  long 
and  bloody  contest  which  they 
have  sustained  with  Spain  has  been 
in  vain.  If  we  regard  only  the 
transitory  governments,  that  have 
been  substituted  for  the  colonial 
viceroyalties,  and  captain  general- 
ships ;  or  even  inquire  into  the  state 
social  and  political  of  the  people 
in  general,  but  little  may  seem  to 
have  been  gained.  No  precise 
ideas  are  as  yet  entertained  of  the 
nature  of  civil  or  religious  freedom. 
The  crowd  are  as  vet  frantic  with 


ANNUAL  REGISTER,  18-JT-8-9. 


revolutionary  excitement,  and  con- 
aider  political  liberty  as  only  a  pri- 
vilege to  avenge  themselves  upon 
their  ancient  oppressors,  or  at  most 
as  an  exemption  from  the  restraints 
pf  the  old  colonial  system.  The 
natural  effects  have  flowed  from  the 
abuses  of  the  papal  church,  and 
what  has  been  lost  to  superstition, 
has  been  gained  by  infidelity. 

But  viewing  the  present  as  the 
parent  of  the  future,  we  perceive 
p  the  overthrow  of  the  old  system, 
and  in  the  convulsion  of  the  moral 
and  political  elements  which  pro- 
duced that  result,  a  preparatory 
process  certainly  calculated  to  lead 
(o  the  most  beneficent  changes  in 
f heir  condition. 

The  principles  of  government 
irnay  still  be  arbitrary,  but  they  are 
parried  into  effect  by  their  own 
countrymen.  The  will  of  the  com- 
munity is  more  felt  in  the  policy  of 
die  government. 

The  fiery  trials  of  the  revolution 
have  compelled  them  to  think. 
They  have  been  taught  by  bitter 
experience,  the  salutary  lesson, 
that  civil  government  is  a  matter 
in  which  they  have  an  interest. 
And  this  important  truth,  co-opera- 
ting  with  the  actual  evils  under 
which  they  are  labouring,  has  awa- 
kened them  from  their  slumber  of 
sloth  and  slavery  ;  and  they  give, 
by  these  very  revolutions  and  com- 
motions, demonstrative  proofs  of 
their  augmented  capacity  for  self- 
government. 


The  abolition  of  slavery  through- 
out these  new  republics ;  the  eman- 
cipation of  the  aboriginal  race  ;  the 
establishment  of  schools  in  various 
provinces,  and  of  printing  presses 
and  newspapers  in  the  seaports  and 
capitals ;  the  access  obtained  par- 
tial, as  it  may  be  considered,  for  the 
holy  scriptures  to  catholic  commu- 
nities ;  the  influence  of  commerce, 
and  of  an  unrestrained  intercourse 
with  the  Anglo-Saxon  race,  whether 
of  New  or  Old  England ;  and  above 
all,  the  stimulating  example  of  the 
United  States,  always  before  their 
eyes  : — these  are  auguries  full  of 
promise  as  to  the  coming  age. 
When  we  look  back  to  the  time 
when  the  Inquisition  extended  its 
sway  over  the  Spanish  colonies, 
and  exercised  its  infernal  powers 
at  Lima,  as  well  as  at  Madrid; 
when  we  see  those  who  governed 
its  councils  aiming  with  dubious 
prospects  of  success,  to  re-establish 
it  in  the  enlightened  atmosphere 
of  christianized  and  civilized  Eu- 
rope :  we  can  scarcely  believe  that 
the  period  has  arrived,  when  at 
Bogota,  a  bible  society  is  institu- 
ted in  the  principal  Dominican  con- 
vent, with  the  open  approbation  of 
its  spiritual  head  ;  or  that  at  Lima, 
the  Dominican  college  is  appropria- 
ted to  a  central  school,  in  which  the 
New  Testament  is  used  as  a  school 
book. 

These  are  striking  proofs  of  the 
conquest  already  achieved  over  the 
prejudices  of  the  people  ;  and 


MEXICO. 


477 


though  there  is  abundant  cause  to 
regret,  that  the  Spanish  republics 
did  not  move  in  the  march  of  revo- 
lution with  the  same  governed  and 
well  regulated  movement  that  cha- 
racterized our  own  revolution,  no 
unfavourable  conclusions  ought  to 
be  drawn  from  this  circumstance, 
as  to  their  capacity  for  self-govern- 
ment. The  organization  of  a  free 
government  over  a  people  long  ac- 
customed to  arbitrary  sway,  is  al- 
ways attended  with  difficulties  and 
domestic  commotions.  The  far- 
ther removed  the  principles  and 
institutions,  to  which  they  have 
been  subjected  are  from  the  sys- 
tems which  they  aim  to  establish, 
the  greater  are  the  obstacles  inter- 
posed to  the  accomplishment  of 
their  wishes.  It  is  comparatively 
easy  for  men  suffering  under  ob- 
vious and  manifest  oppression,  to 
rouse  themselves  to  active  resist- 
ance against  their  oppressors.  The 
passions  are  prompt  advisers,  and 
nothing  but  undistinguishing  force 
stimulated  by  fury,  is  required  to 
overturn  a  government.  But  to 
establish  free  institutions  ;  to  pro- 
vide political  checks  and  balances ; 
to  guard  against  the  abuses  of  that 
power,  which  must  be  somewhere 
vested  to  preserve  the  community 
from  confusion  and  anarchy — these 
require  sagacity,  experience,  disin- 
terestedness, forbearance,  and  all 
those  qualities,  which  are  rarely  to 
be  found  in  the  leaders  of  a  revo- 
lution. The  more  intolerant  and 


cruel  the  tyranny  which  has  pro- 
voked  the  rebellion,  the  less  pro- 
bability is  there  of  finding  this  rare 
combination  of  qualities  in  its  pro- 
moters.  The  most  abject  slaves 
are  always  the  least  fitted  for  free- 
dom ;  and  the  same  rule  is  as  ap- 
plicable to  nations  as  to  indivi- 
duals. 

We  are  disposed  to  give  full 
weight  to  these  considerations, 
when  speculating  upon  the  ability 
of  the  South  American  states  to 
sustain  their  free  institutions ;  and 
not  to  draw  unfavourable  conclu- 
sions because  their  revolutions  did 
not  as  our  own  did,  at  once  subside, 
after  the  expulsion  of  their  inva- 
ders, into  a  settled  and  well  regu- 
lated government.  However  mark, 
ed  and  striking  may  be  the  con. 
trast  between  the  termination  of 
our  revolution  and  theirs,  it  cannot 
be  more  so,  than  were  the  situation, 
the  character,  and  the  motives,  of 
the  respective  parties  to  those  con- 
tests.  While  the  inhabitants  of  the 
Spanish  colonies  were  suffering 
under  the  complicated  despotism 
devised  by  the  united  wisdom  of 
the  inquisition,  the  court  at  Madrid, 
and  the  councils  of  the  Indies  ;  our 
ancestors  were  in  the  enjoyment 
of  a  representative  government, 
religious  toleration,  and  of  a  high 
gree  of  civil  freedom.  Our  in- 
stitutions were  founded  upon  the 
broadest  principles  of  democracy : 
and  a  strong  predilection  for  poli. 
tical  equality,  and  a  stern  spirit  of 


ANNUAL  REGISTER,  1827-8-9. 


independence,  were  so  strongly 
prevalent  among  the  Anglo-Ameri- 
can colonists,  that  an  acute  ob- 
server of  society  must  have  fore- 
seen, what  actually  happened,  that 
an  encroachment  upon  their  rights 
would  he  resisted  upon  principle  to 
the  death.  Usurpation  would  be 
met  in  limine,  and  "  the  approach 
of  tyranny  scented  in  the  tainted 
breeze." 

The  revolution  which  separated 
us  from  England,  was  rather  a  suc- 
cessful resistance  of  the  first  at- 
tempt to  enslave  us,  than  an  eman- 
cipation from  slavery.  The  spirit 
of  the  colonists  had  not  been  bro- 
ken, nor  their  character  degraded 
by  ages  of  debasing  servitude  ;  but, 
as  vigorous  and  uncompromising 
as  when  their  fathers  first  founded 
political  institutions  for  the  preser- 
vation of  civil  and  religious  free- 
dom on  this  continent,  it  readily 
responded  to  the  call  to  arms, 
upon  the  first  encroachment  upon 
their  rights. 

The  views  and  interests  of  the 
colonists  were  in  unison.  They  were 
not  divided  into  different  castes, 
with  various  privileges.  They  had 
no  landed  nobility,  nor  monkish  or- 
ders, with  immense  possessions. 
All  these  motives  to  civil  dissen- 
tions  were  removed.  There  were 
indeed  party  divisions,  and  in  some 
instances,  these  disputes,  as  in 
Massachusetts  and  Pennsylvania, 
struck  at  the  very  existence  of  social 
order:  but  the  numbers  of  the  dis. 


affected  were  comparatively  small 
though  it  is  impossible  to  imagine 
in  what  these  movements  would 
have  resulted,  had  it  not  been  for 
the  prudence  of  Washington,  and 
the  unlimited  confidence, — a  confi- 
dence honourably  acquired,  and  ne- 
ver abused,  reposed  by  his  coun- 
trymen in  his  virtue  and  character. 
No  fair  comparison,  therefore, 
can  be  drawn  between  the  revolu- 
tions in  Spanish  America  and  our 
own.  The  disadvantages,  under 
which  they  labour,  are  incompara- 
bly greater.  Besides,  there  are 
inherent  defects  in  the  structure  of 
society  in  those  states,  to  which 
most  of  the  internal  commotions 
may  be  attributed.  The  want  of 
education  in  the  mass  of  the  com- 
munity, of  course,  is  one  great 
cause  of  the  irregular  movements 
of  the  machinery  of  their  govern- 
ments :  and  among  the  better  edu- 
cated, the  Catholic  clergy,  with 
rich  endowments  ;  the  mining  pro- 
prietors, with  extensive  landed  pos- 
sessions, and  accompanied  with 
a  species  of  feudal  privileges  ;  and 
the  great  number  of  native  Span- 
iards,  connected  with  the  mother 
country,  by  ties  of  blood  and  inter- 
est, constitute  a  majority  all  hostile, 
although  from  various  motives,  to 
the  establishment  of  liberal  institu- 
tions, and  immediately  interested 
in  perpetuating  many  of  the  abuses 
which  led  to  the  revolution.  In  a 
more  enlightened  community,  these 
subjects  of  dispute  would  have 


MEXICO. 


479 


been  brought  to  the  test  of  discus- 
sion  ;  and  the  feelings  which  there 
break  out  in  civil  commotions,  and 
revolutions,  would  have  been  ex- 
hausted  in  the  field  of  argument. 
But  among  a  people  unaccustomed 
to  reason,  force  can  be  the  only  ar. 
biter  in  political  dissentions.     It  is, 
therefore,  not  surprising  that  since 
the  expulsion  of  the  royal  forces 
from  Spanish  America,    the  new 
republics  should  have  been    con- 
vulsed  by  domestic  broils,  and  that 
their  governments  should  have  pro- 
ved unstable,  and  subject  to  sudden 
revolutions.   These  are  but  the  sub- 
siding of  the  waves, — lashing  them- 
selves to  rest  after  a  storm,  which 
has  disturbed  the  ocean  to  its  pro- 
foundest  depth.     Their  condition, 
unsettled  as  it  is,  is  still  vastly  im- 
proved  from  their  colonial  state, 
and  their  future  prospects  are  bright 
and  encouraging.     Their  colonial 
bonds  are  severed,  never  to  be  re- 
newed.    The   same  event   which 
has  opened  their  ports  to  the  com- 
merce   of    the    world,    has    also 
brought  them  within  the  intellec- 
tual, the  moral,  and  the  political  in- 
fluence of  the  more    enlightened 
nations  of  Christendom.    Their  go- 
vernments  are    instituted   by  the 
native    population,    and    although 
more  or  less  subject  to  military 
control,  they  are  founded  upon  the 
principle    of  popular  representa. 
tion. 

Ecclesiastical  prejudices,  and 
hostile  interests,  may  still  interpose 
some  obstacles  to  the  progress  of 


truth  and  freedom ;  but  whoever 
dreams  that  their  course  can  be 
arrested,  or  that  the  awakened  en- 
ergies  of  nations,  who  have  by  their 
own  efforts  burst  their  bonds,  can 
be  repressed,  may  indulge  the  fear 
that  their  ancient  despotism  will  be 
renewed,  and  that  twenty  millions 
of  native  Americans  will  be  brought 
again  to  bow  beneath  the  yoke  of 
the  degraded  monarchy  of  Spain. 
They  are  yet  untaught,  but  they 
are  scholars  in  the  great  school 
of  freedom,  where  our  ancestors 
have  been  teachers  ;  and  lips  that 
have  been  once  accustomed  to  lisp 
that  glorious  lesson,  can  n«ver  be 
compelled  to  recur  tothe  degrading 
tasks  imposed  by  bigotry  and  des- 
potism. 

The  republic  of  Mexico,  from 
its  proximity,  its  wealth,  and  its 
power,  naturally  falls  first  under 
our  observation. 

The  events  which  we  are  about 
to  notice  embrace  a  period  of 
about  two  years,  commencing  in 
July,  1827.  Before  we  enter  upon 
these,  it  will  perhaps  be  expedient 
to  refer  briefly  to  the  state  of  poli- 
tics at  that  time. 

We  have  in  our  former  volumes 
alluded  to  the  two  great  political 
parties  existing  in  Mexico,  which 
have  struggled  for  power  with  al. 
ternate  success.  They  bear  the 
respective  appellations  of  Escoceses 
and  Yorkinos.  The  Escoceses  may 
be  considered  as  the  aristocratic, 
and  the  Yorkinos  as  the  democratic 


480 


ANNUAL  REGISTER,  1827-8-9. 


party.  The  former  are  accused  of 
a  strong  bias  in  favour  of  Spain 
and  European  systems  ;  the  latter 
of  being  too  much  influenced  by 
their  attachment  to  the  institutions 
and  interests  of  the  United  States. 
Both  parties  are  masonic.  The 
Escoceses  is  the  oldest,  having  been 
established  immediately  after  the 
revolution.  It  is  composed  of  the 
ancient  nobility  of  the  country, 
large  landed  proprietors,  and  men 
of  wealth  and  rank  generally,  who 
fearful  of  not  being  able  to  main- 
tain their  influence  under  a  free 
government,  found  it  necessary  to 
unite  together  for  their  common 
interests,  and  therefore  established 
themselves  under  a  masonic  insti- 
tution. The  name  Escoceses  is 
derived  from  the  circumstance  of 
the  order  being  of  Scotch  origin. 
The  old  Spaniards  generally  belong 
to  this  party;  and  perhaps  their 
protection  of  this  class,  has  been 
among  the  primary  causes  of  their 
downfall  and  the  ascendancy  of  the 
other  party. 

The  Yorkino  party  was  organi- 
zed in  1825.  A  number  of  indi- 
viduals of  moderate  views,  and  at- 
tached to  the-^deral  constitution, 
being  apprehensive  lest  the  grow- 
ing power,  and  well  known  princi- 
ples of  the  Escoceses,  might  lead 
io  the  establishment  of  a  monar- 
chical form  of  government,  or  even 
to  the  renewal  of  a  connexion  with 
old  Spain,  associated  together  to 
form  an  opposition  party.  Ac- 


cordingly, through  the  medium  of 
Mr.  Poinsett,  the  American  minis- 
ter,  they  obtained  from  the  Grand 
Lodge  of  New-York  charters  for 
the  establishment  of  branch  lodges 
in  Mexico.  It  was  from  this  cir- 
cumstance that  they  took  the  name 
of  Yorkinos.  They  increased 
rapidly  in  numbers  and  power,  and 
soon  became  known  as  the  party 
of  the  people,  or  the  democracy, 
in  opposition  to  the  Escoceses  or 
aristocracy  of  the  country.  In  the 
civil  commotions  which  have  since 
taken  place,  these  two  parties  have 
been  almost  uniformly  found  ar- 
rayed against  each  other. 

Nothing  of  very  great  import- 
ance occurred  in  Mexico  during 
the  summer  of  1827.  There  were 
a  few  slight  disturbances  in  some 
of  the  provinces,  but  these  were 
easily  quelled.  The  state  of  Vera 
Cruz,  which  was  under  the  control 
of  the  Escoceses,  appears  to  have 
been  the  most  disposed  to  faction 
and  rebellion.  Their  acts,  how- 
ever, only  recoiled  upon  their  own 
heads.  The  expulsion  of  Esteva, 
the  intendant  of  marine,  on  the 
ground  of  his  being  a  Yorkino,  ex- 
cited the  greatest  indignation  in  all 
parts  of  the  country  ;  and  the  ac- 
cusation against  Mr.  Poinsett  was 
triumphantly  refuted  by  him,  and 
being  disseminated  through  the 
country,  created  a  great  reaction 
in  his  favour,  and  a  friendly  feel- 
ing  towards  the  United  States. 

On  the  31st  July,  Colonel  Rin- 


MEXICO. 


481 


con  at  Vera  Cruz  declared  against 
the  state  authorities  ;  and  although 
denounced  by  the  government,  con- 
tinued in  open  rebellion  until  the 
appearance  of  General  Guerrero 
from  the  capital,  with  adequate 
powers  to  restore  order.  He  is- 
sued  an  address  to  the  garrison, 
when  Rincon  and  his  followers 
submitted  without  resistance. 

In  the  mean  time  the  excitement 
against  the  Spaniards  continued  to 
increase,  and  various  appeals  were 
made  to  the  government  for  their 
expulsion  from  the  country.  No 
open  acts  of  violence  were,  how- 
ever, committed  ;  and  all  parties 
professed  the  utmost  loyalty  to  the 
government  of  the  republic.  Every 
thing  continued  tranquil  during  the 
months  of  September,  October  and 
November. 

One  great  object  of  the  Yorkino 
party,  and  for  which  they  conti- 
nued strenuously  to  contend,  from 
the  time  of  their  organization,  was 
the  expulsion  of  the  Spaniards  from 
Mexico.  In  fact,  the  classes  of 
which  this  party  were  composed, 
that  is  to  say,  the  lower  orders  of 
the  people,  had  been  clamorous 
for  this  measure,  from  the  time  of 
the  revolution.  Nothing  decisive, 
however,  was  done  until  early  in 
December,  1827,  when  a  resolu- 
tion for  the  expulsion  of  the  Span- 
iards passed  the  national  congress. 
This  proposition  was  received  w4th 
great  joy  by  the  populace,  who 
supposed '  that  it  would  become  a 

VOL.  III. 


law.  The  Spaniards  also  became 
alarmed,  and  began  to  leave  the 
country  in  great  numbers.  But  on 
the  21st  of  December,  the  senate 
rejected  the  decree.  As  soon 
as  the  rejection  became  known 
throughout  the  countiy,  it  created 
great  dissatisfaction,  and  in  many 
places  produced  open  violence. 
At  Puebk,  a  body  of  the  citizens 
joined  together,  and  proceeded  to 
attack  and  plunder  the  Spanish 
merchants.  They  were  finally 
overpowered,  but  not  until  several 
lives  were  lost. 

On  the  23d  of  December,  Don 
Jose  Manuel  Montano  published,  at 
Ottumba,  his  "plan"  for  the  re- 
formation of  the  government.  Thd 
principal  features  of  this  plan  were, 
the  suppression  of  secret  societies ; 
an  entire  change  of  the  officers  of 
state,  placing  in  each  department 
men  of  acknowledged  virtue  and  ta- 
lent ;  the  President  to  order  his 
passports  to  be  given  immediately 
to  the  minister  of  the  United  States, 
(Mr.  Poinsett ;)  and  that  he  should 
enforce  scrupulously,  and  vigorous- 
ly, the  constitution  and  laws. 

The  first  article  of  this  plan  ex- 
cited, as  might  be  expected,  the 
decided  opposition  of  the  Yorkinos, 
and  they  were  alarmed  that  it  did 
not  appear  equally  obnoxious  to  the 
Escoceses.  There  was  no  reason 
why  the  article,  abstractly  consi- 
dered, did  not  equally  militate 
against  the  interests  of  both  parties; 
and  yet  the  latter  appeared  to  be 


A.NiNLAL  REGISTER,  1827-8-9. 


secretly  in  lavour  of  the  plan.  This 
induced  the  Yorkinos  to  suspect, 
and  with  some  reason,  that  the  plan 
of  Montano  had  a  monarchical 
tendency.  The  truth  seems  to 
be,  that  the  Escoceses,  finding 
their  power  on  the  wane,  and  that 
by  forming  themselves  into  one 
masonic  society,  they  had  been 
the  means  of  raising  up  another, 
which  would  finally  overpower 
them,  would  have  been  very  wil- 
ling that  the  masonic  institution 
should  be  suppressed.  This  would 
tend  to  disunite  the  Yorkinos, 
while  they  themselves  would  sub- 
sequently be  enabled  to  organize 
upon  some  other  principle,  and 
thereby  secure  their  power.  They 
liad  strenuously  supported  the  plan 
of  Iquila,  proclaimed  by  General 
Iturbide,  in  1821,  and  which,  from 
the  favour  which  it  showed  to  the 
Spaniards,  was  supposed  to  be  a 
plan  to  raise  a  throne  in  Mexico, 
and  place  upon  it  some  member  of 
the  Spanish  family. 

The  coronation  of  Iturbide  cut 
short  this  project ;  but  upon  the  fall 
of  the  Emperor,  their  hopes  re- 
vived; and  they  subsequently,  at 
various  limes,  endeavoured  to  re- 
new  a  policy  so  decidedly  at  war 
with  the  best  interests  of  the  Ame- 
rican continent. 

On  the  8th  of  January,  Colonel 
Rinero  attempted  to  revolt  against 
the  government  in  favour  of  Mon- 
tano, but  his  soldiers  refused  to 
join  him.  The  President  of  the 


Republic,  about  the  same  tune,  is- 
sued a  proclamation  against  Mon- 
tano, declaring  him  guilty  of  trea- 
sonable designs. 

The  publication  of  his  plan,  there- 
fore, was  not  attended  with  any  im- 
portant consequences,  until  about 
the  first  of  January,  when  General 
Nicholas  Bravo,  the  Vice -President 
of  the  republic,  and  the  Grand  Mas- 
ter of  the  Escoceses  Lodge,  left  the 
capital,  and  stationed  himself  at 
Tulancingo,  about  equidistant  from 
Mexico  and  Tampico.  From  this 
place,  he  issued  a  manifesto,  de- 
claring himself  in  favour  of  the 
plan  of  Montano.  This  news  cre- 
ated the  greatest  consternation 
in  Mexico,  and  Bravo  was  de- 
clared a  traitor  to  the  government. 
Bravo  soon  collected  a  conside- 
rable force,  and  might,  it  is  sup. 
posed,  have  held  out  against  the 
government  for  a  long  time,  had  he 
felt  disposed  to  do  so.  But  what- 
ever may  have  been  his  original 
intentions,  it  seems,  he  at  length 
determined  not  to  attempt  to  en- 
force them  by  arms;  and  accor- 
dingly, when  General  Guerrero 
was  sent  against  hkn  by  the  go- 
vernment,  he  surrendered  at  dis- 
cretion. No  resistance  was  made, 
except  by  two  officers,  one  of  whom. 
Colonel  Correa,  was  mortally  woun- 
ded. Congress  ordered  a  grand 
jury  to  proceed  with  the  bill  of  in- 
dictment against  Nicholas  Bravo, 
Vice-President  of  the  Republic. 
He  was  found  guilty  of  treasonable 


.MEXICO. 


designs  against  the  government, 
and  sentenced  to  banishment  for 
seven  years. 

He  afterwards  published  a  mani- 
festo, in  which  he  disclaimed  any 
intention  of  resorting  to  arms,  to 
enforce  the  objects  for  which  he 
declared.  It  is  rather  singular, 
however,  that  he  should  have  put 
himself  at  the  head  of  an  armed 
force,  when  his  intentions  were  en- 
tirely of  a  pacific  character. 

The  ease  with  which  the  insur- 
rection of  Bravo,  which  had  at  first 
excited  so  much  alarm,  was  crush- 
ed, seemed  to  give  new  strength  to 
the  government.  This,  with  the 
execution  of  Colonel  Arana,  who 
was  shot  at  Tezcuco  on  the  5th  of 
January,  pursuant  to  sentence,  as 
one  of  those  concerned  in  the  con- 
spiracy of  Padre  Arenas,  secured 
the  ascendancy  of  the  Yorkinos  ; 
and  they  accordingly  renewed  their 
exertions  to  obtain  a  decree  for  the 
expulsion  of  the  Spaniards,  with 
strong  hopes  of  ultimate  success. 

In  the  month  of  April,  a  decree 
of  banishment  was  declared  against 
Montano  and  his  associates.  They 
were  exiled  from  the  republic  for 
seven  years,  to  such  places  as 
should  be  designated  by  the  exe- 
cutive. Half-pay  was  allowed  to 
the  military  culprits.  They  were 
to  be  treated  as  outlaws,  should 
they  attempt  to  return  to  the  coun- 
try, before  the  expiration  of  the 
seven  years. 

The  debate  in  the  chamber  of 


deputies  respecting  their  punish- 
ment, was  very  animated.  One  of 
the  principal  speakers  fully  defend- 
ed, and  applauded  the  plan  of  Mon- 
tano. There  was  much  loose 
speculation,  and  many  new  schemes 
were  proposed.  An  important  pro- 
ject came  under  consideration  with 
regard  to  landed  property.  Some  of 
the  members  contended,  that  a  more 
equal  distribution  of  property, — 
a  sort  of  Agrarian  law,  was  all  that 
was  wanting  to  secure  the  stability 
and  permanency  of  the  institutions 
of  the  republic.  A  wild  spirit  of 
innovation  was  manifested,  at  war 
with  all  established  principles. 

After  the  final  suppression  of 
the  insurrections  which  grew  out 
of  Montano's  plan,  very  little  of 
importance  took  place  for  several 
months.  The  government  seemed 
to  maintain  its  power,  and  although 
there  were  several  insurrections 
against  the  local  authorities,  these 
were  easily  suppressed,  and  no- 
thing was  attempted  against  the 
general  government.  The  country 
was,  however,  far  from  being 
tranquil,  and  the  appeals  to  the  go- 
vernment for  the  expulsion  of  the 
Spaniards  continued  to  increase. 
The  country  was  infested  with 
bands  of  robbers,  which  rendered 
travelling  unsafe  ;  and  on  the  roads 
between  Mexico  and  Vera  Cruz, 
robberies  were  very  frequent. 

One  great  misfortune  in  this  state 
of  things,  was  the  want  of  a  proper 
person  at  the  executive  head  of 


484 


ANNUAL  REGISTER,  1827-8-9. 


the  government.  President  Victo- 
ria was  a  man,  who  would  have 
been  well  calculated  for  the  sta- 
tion  which  he  held,  had  the  na- 
tion been  in  a  state  of  tranquil- 
lity. He  was  generally  beloved, 
and  respected  by  the  people  ;  and 
although  his  election  took  place 
before  the  organization  of  the  Yor- 
kino  party,  yet  he  seemed  to  pos- 
sess their  confidence,  and  to  give 
them  general  satisfaction  in  the 
measures  which  he  pursued.  He 
was,  however,  greatly  deficient  in 
energy  and  decision  of  character  ; 
and  his  aversion  to  shed  Mexican 
blood,  often  prevented  him  from 
taking  those  decisive  measures, 
which  were  necessary  to  curb  the 
many  turbulent  spirits,  who  were 
engaged  in  sowing  dissentions 
among  the  people.  Consequently, 
he  laboured  under  great  disadvan- 
tages when  opposed  to  a  military 
leader,  possessed  of  firmness,  cou- 
rage and  intrepidity,  and  all  those 
qualities  which  gain  popularity 
among  the  soldiery  and  the  people. 
General  Guerrero  was  univer- 
sally looked  upon  as  the  candidate, 
who  would  succeed  Victoria  in  the 
presidency,  at  the  election  which 
was  near  at  hand.  The  Yorkino 
party,  of  which  he  was  a  member, 
were  unanimously  in  his  favour. 
Before  the  election  took  place, 
however,  a  new  candidate  for  the 
presidency  started  up  in  the  person 
of  General  Gomez  Pedraza,  the 
minister  of  war  and  marine.  He 


was  put  forward  by  the  Escoceses, 
and  every  measure  was  taken  by 
them  to  promote  his  popularity. 
The  dividing  .line  was  thus  dis- 
tinctly drawn  between  the  two  par- 
ties, and  the  approaching  contest 
was  looked  upon  as  the  test  of 
their  strength ;  and  as  the  event 
which  would  determine  the  com- 
plete ascendancy  of  one  over  the 
other.  On  both  sides,  therefore, 
the  most  powerful  exertions  were 
made  to  secure  the  election  of  their 
respective  candidates.  In  reality, 
this  political  contest  was  ultimately 
destined  to  produce  an  entire  re- 
volution  in  the  government. 

On  the  first  of  September,  the 
election  took  place  ;  and  notwith- 
standing the  strong  hopes  of  the 
Yorkinos,  Pedraza  was  elected 
President  of  the  Republic  by  a  ma- 
jority of  two  votes  over  Guerrero. 
As  soon  as  the  result  was  known, 
it  created  the  greatest  alarm  and 
dissatisfaction  among  the  Yorkinos 
and  the  people  generally.  The 
Escoceses  were  accused  of  bribery 
and  corruption ;  and  it  was  asserted 
that  in  several  of  the  states,  the 
election  had  been  controlled  by  the 
military.  A  strong  spirit  of  oppo- 
sition was  manifested,  and  it  is  pro- 
bable  that  secret  measures  were 
taken  by  some  of  the  leading  Yor- 
kinos,  to  excite  an  open  resistance 
whenever  the  proper  time  should 
arrive. 

General  Santa  Anna  was  des- 
tined, to  make  the  first  important 


MEXICO. 


485 


movement  in  the  contemplated  re- 
volution.    He  was  a  young  man, 
who  had  within  a  few  years  made 
himself  very  conspicuous   in   the 
affairs  of  the  republic ;    and  had 
held  several  important  offices,  al- 
though, from  his  extreme  youth,  he 
took  no  active  part  in  the  events  of 
the  revolution.     He  was  generally 
esteemed  by  the  people,  and  was  a 
decided  favourite  with  the  soldiers, 
and  well  qualified   for  a  military 
commander.     His  last  office  was 
that    of  Vice   Governor  of  Vera 
Cruz,   from  which   he   had  been 
lately  expelled,  and  had  taken  re- 
fuge in  Jalapa.     As  soon  as  he  had 
learned  the  result  of  the  election, 
he  contrived  to  seduce  the  troops 
stationed  at  Jalapa,  to  the  number 
of  about  500 ;  and  on  the  night  of 
the  10th  of  September,  he  left  Ja- 
lapa for  Perote,  taking  with  him 
about  $60,000  of  the  public  money, 
together  with  all  the  cannon  and 
military    stores.     He    arrived    at 
Perote  on  the  12th,  and  succeeded 
in  obtaining  possession  of  the  cas- 
tle, which  had  a  garrison  of  about 
300   men.      Here   he  intrenched 
himself,  and  immediately  issued  a 
manifesto,  entitled  the  "  address  of 
the  liberating  army  to  the  people 
of  Anahuac."      It  set  forth,  that 
the  legislature  were  secretly  in  fa- 
vour of  the  plan  of  Montano,  and 
were  plotting  against  the  liberties 
of  the  people  in  favour  of  the  Bour- 
bon  dynasty :    that   General   Pe- 
draza  had  by  his   acts,   both  as 


minister  of  war,  and  previous  to 
his  appointment  to  that  office, 
shown  himself  inimical  to  the  in- 
terests of  the  people  :  that  he  had 
obtained  his  election  by  fraudulent 
means,  and  was  elected  contrary 
to  the  wishes  of  the  majority ;  and 
that  it  was  the  wish  of  the  people 
that  General  Guerrero  should  be 
placed  at  the  executive  head  of  the 
government,  as  being  the  man  of 
their  choice.  He  therefore  pro- 
posed a  "  plan,"  consisting  of  the 
following  articles  :  1st.  That  the 
people  and  army  annul  the  election 
of  General  Pedraza.  2d.  That 
the  Spanish  residents  be  expelled. 
3d.  That  General  Guerrero  be  de- 
clared President  of  the  Republic  : 
and  4th,  That  the  legislature  pro- 
ceed to  a  new  election.  The  5th 
was  a  statement,  that  they  wished 
to  avoid  the  shedding  of  Mexi- 
can blood,  except  in  self-defence. 
It  concluded  by  professing  obe- 
dience to  the  government  of  Presi- 
dent Victoria,  but  insisting  upon  a 
compliance  with  the  above  articles. 
Perhaps  this  movement  may  be 
considered  rather  premature,  in- 
asmuch as  the  election  would  not 
be  officially  announced  until  the 
first  of  January;  and  it  was  sup. 
posed  that  the  chamber  of  depu- 
ties  would  contest  the  votes  of  se- 
veral states,  on  the  ground  that 
they  had  been  obtained  by  military 
violence ;  and  if  these  votes  should 
be  declared  illegal,  a  new  election 
would  be  necessary,  in  which  event 


ANNUAL  REGISTER,  1827-8-9. 


General  Guerrero  would  in  all  pro- 
bability have  been  elected.  It  was 
said,  however,  that  Santa  Anna 
acted  according  to  the  instructions 
of  the  Yprkino  Lodge,  and  that 
their  aid  and  co-operation  had  been 
promised  him. 

Upon  the  receipt  of  the  intelli- 
gence of  the  insurrection  at  the 
capital,  a  decree  of  outlawry  was 
passed  against  Santa  Anna,  and  a 
strong  force  sent  against  him,  under 
the  command  of  General  Rincon. 
President  Victoria,  at  the  same 
time,  issued  a  manifesto,  in  which 
he  exhorted  the  people  to  resist  the 
attempt  at  a  "perfidious  revolu- 
tion," and  to  assist  in  maintaining 
the  constitution  and  laws. 

This  appeal,  however,  had  but 
little  effect,  as  the  people  were 
generally  prejudiced  in  favour  of 
Guerrero  and  Santa  Anna,  and 
were  also  in  favour  of  most  of  the 
features  of  the  "plan"  of  the  latter, 
particularly  that  which  regarded 
the  expulsion  of  the  Spaniards. 
Several  of  the  states,  it  is  true,  de- 
clared against  Santa  Anna,  and 
seemed  disposed  to  assist  the  go- 
vernment.  But  on  the  other  hand, 
powerful  interest  was  making  in 
favour  of  his  views  and  in  support 
of  Guerrero.  The  Governor  of  the 
state  of  Mexico,  Lorenzo  de  Za- 
vala,  who,  on  the  election  of  Pedra- 
za,  had  cautioned  the  government 
against  the  consequences,  became 
.suspected ;  and  was,  on  the  first  of 
October,  formally  accused  of  trea- 


sonable designs  against  the  govern- 
ment. On  the  5th  October,  the 
senate  decided,  that  sufficient 
grounds  existed  for  putting  him 
on  his  trial.  Information  was 
brought  to  Zavala  at  Halpan,  on 
the  same  evening  ;  and  he  was  ad- 
vised to  resist  the  decree.  On  the 
following  morning,  his  house  wa« 
surrounded  by  a  body  of  troops, 
the  commander  of  which  sum- 
moned him  to  appear  at  the  capitol. 
After  consulting  with  his  friends, 
he  resolved  to  disobey  the  sum- 
mons ;  and  accordingly  made  his 
escape,  and  fled  to  a  small  village 
near  the  mountains.  This  may  be 
considered  as  his  first  espousal  of 
the  designs  of  Santa  Anna.  He 
was  pursued  by  General  Filisola ; 
and  being  in  danger  of  being 
seized,  he  fled  from  thence  to  the 
capital,  where  he  was  concealed  in 
the  house  of  a  friend.  Here  he 
joined  those,  who  were  concert- 
ing measures  for  the  revolution, 
which  was  now  fijlly  determined 
upon. 

Every  thing  being  prepared,  on, 
the  night  of  the  30th  of  November, 
a  battalion  of  militia,  under  the 
command  of  Don  Jose  Manuel  Ca- 
dena,  assisted  by  the  artillery  re- 
giment of  Tres  Villas,  under  the 
command  of  Colonel  Santiago  Gar- 
cia, took  possession  of  the  barracks 
at  the  Acordada,  surprised  the 
guard,  and  seized  the  guns  and  am- 
munition. They  then  signified  to 
the  President  Jheir  determination 


MEXICO. 


to  compel  the  congress  to  pass  a 
de'cree  for  the  expulsion  of  all  the 
Spaniards.  On  the  following  morn- 
ing, they  were  joined  by  General 
Lobato  and  several  other  officers, 
together  with  a  vast  multitude  of 
the  citizens  and  Leperos,  to  'whom 
General  Lobato  promised  the  pil- 
lage of  the  city  of  Mexico,  as  the 
reward  of  their  services.  Zavala 
had  not  yet  appeared,  but  learning 
that  General  Guerrero  was  at  Santa 
Fe,  only  a  few  miles  distant,  and 
would  soon  make  his  appearance 
among  them,  he  also  openly  joined 
the  insurgents.  Their  numbers 
being  thus  greatly  augmented,  they 
acquired  confidence,  and  pro- 
claimed Guerrero  President. 

The  regiment  which  remained 
iaithful  to  the  government  was  re- 
inforced on  the  same  day,  on  the 
arrival  of  General  Filisolo,  with  a 
detachment  of  cavalry. 

The  reluctance  manifested  by 
General  Victoria,  to  take  any  mea- 
sures to  quell  the  insurrection,  ex- 
cited the  suspicion  of  the  Escoceses 
who  accused  him  of  acting  under 
Yorkino  influence.  Congress  there- 
fore refused  to  intrust  him  with  ex- 
traordinary power,  and  even  called 
upon  him  to  exercise  those  which 
he  did  possess. 

The  whole  of  the  1st  of  Decem- 
ber  was  spent  in  discussions  and 
negotiations.  On  the  second,  the 
government  alarmed  at  the  pro- 
gress of  the  insurrection,  found  it 
necessary  to  take  active  measures 


to  resist  it.  The  regiment  of  Tol- 
nea,  commenced  an  attack  upon 
the  insurgents,  and  succeeded  th 
driving  them  from  several  places, 
of  which  they  had  possessed  them- 
selves.  But  in  the  course  of  the 
day,  they  were  joined  by  Lieut. 
Colonel  Camacho,  of  the  8th  regi- 
ment of  cavalry,  with  a  large  body > 
and  also  a  great  number  of  men 
from  the  neighbourhood  of  the  capi- 
tal, and  the  contest  was  resumed 
and  kept  up  until  a  very  late  hour 
at  night. 

The  arrival  of  General  Guerrero, 
on  the  third,  seemed  to  infuse  new 
confidence  and  vigour  in  the  in- 
sutfgents.  Being  also  reinforced 
by  a  body  of  three  hundred  men 
from  Halpan,  they  renewed  the  at- 
tack, and  succeeded  in  regaining 
all  the  posts  which  they  had  lost, 
after  a  sharp  contest,  in  which 
Colonel  Garcia,  with  several  other 
officers,  was  killed.  The  regiment 
of  Tolnea,  lost  about  four  hundred 
men,  and  the  loss  on  the  part  of 
the  insurgents,  was  very  great. 
General  Lobato,  who  displayed 
great  bravery  in  the  northern 
part  of  the  city,  was  intrusted  with 
the  command  of  the  citadel,  and 
Governor  Zavala,  with  that  of 'tli« 
Acordada. 

On  the  night  of  the  thi-rd,  Gene- 
ral Pedraza,  who  had  not  taken  any 
active  part  against  the  insurgents, 
made  his  escape  from  the  capital. 
The  Escocese  senate,  also  fled,  leav- 
ing the  president  with  the  heads  of 


46b 


ANNUAL  REGISTER,  1827-8-9. 


the  ether  departments  to  resist  the 
insurgents.  This  intelligence  was 
communicated  to  the  adherents  of 
the  government  on  the  morning  of 
the  4th,  and  produced  the  greatest 
consternation  among  them.  They 
still,  however,  continued  to  resist 
with  great  resolution  ;  but  toward 
the  close  of  the  day,  were  finally 
overpowered.  Lieutenant  Zavala 
immediately  waited  upon  the  pre- 
sident to  arrange  the  terms  of  a 
pacification,  but  nothing  was  ac- 
complished, except  the  appointment 
of  General  Guerrero,  as  minister  of 
war  and  marine,  in  the  place  of 
General  Pedraza. 

In  the  mean  time,  the  troops  and 
Leperos,  in  accordance  with  the 
promise  of  General  Lobato,  aban- 
doned themselves  to  the  pillage  of 
the  city.  Their  principal  opera- 
tions were  directed  against  the  Pa- 
rian, or  great  commercial  square 
which  was  completely  plundered  of 
every  thing  valuable.  Mexico  pre- 
sented the  appearance  of  a  city 
sacked  by  a  foreign  enemy. 
Several  assassinations,  and  other 
excesses,  were  committed.  The 
pillage  continued  for  two  days,  at 
the  end  of  which  time,  General 
Guerrero  succeeded  in  restoring 
some  degree  of  order.  The  loss 
of  property  plundered  was  estima- 
ted at  5,000,000  dollars. 

Thus  in  the  short  space  of  five 
days,  was  a  civil  war  begun,  and 
ended,  and  a  revolution  effected,  in 
which  the  rebellious  party  were 


successful.  The  result  secured  the 
triumphant  ascendancy  of  the  Yor- 
kino  party. 

On  the  27th  December,  order 
was  finally  restored.  General  Vic- 
toria formally  resigned  the  Presi- 
dency, and  retired  to  a  country 
seat  near  Vera  Cruz,  declaring  it  to 
be  his  intention  henceforth  to  live 
as  a  private  citizen.  General  Pe- 
draza had  previously  left  the  Re- 
public and  gone  to  Europe.  The 
insurrectionary  movements,  which 
had  commenced  in  several  of  the 
states,  soon  subsided.  Vera  Cruz 
had  declared  against  Santa  Anna, 
but  on  the  28th  of  December,  there 
was  a  general  diversion  of  the  citi- 
zens and  soldiers,  in  favour  of 
Guerrero,  to  which  the  government 
found  it  necessary  to  submit. 

In  the  mean  time,  General  San- 
ta Anna,  who  had  been  besieged  by 
Rincon,  in  the  castle  of  Perote, 
and  not  being  able  to  hold  out 
against  him,  succeeded  in  effecting 
his  escape,  and  fled  to  Pajerea. 
Here  he  was  besieged  by  General 
Calderon.  He  continued,  however, 
to  hold  out  until  he  learned  the 
result  of  the  revolution  in  the  capi- 
tal ;  when,  knowing  it  would  be  of 
no  consequence  to  continue  a  long- 
er resistance,  he  entered  into  a  ca- 
pitulation, and  surrendered  himself 
to  General  Calderon.  It  was,  how- 
ever a  mere  matter  of  form,  as  Ge- 
neral Calderon  was  immediately 
recalled,  and*Santa  Anna  appoint- 
ed in  his  place,  to  the  command  of 


MEXICO, 


489 


the  very  army,  to  which  he  had  sur- 
rendered. 

On  the  18th  of  March,  a  decree 
of  amnesty  was  passed  in  his  fa- 
vour, and  he  was  appointed  Gover- 
nor'of  Vera  Cruz.  He  was  recei- 
ved there  with  the  most  flattering 
demonstrations  of  joy,  and  a  splen- 
did ball  was  given  in  his  honour. 

The  first  act  of  the  chamber  of 
deputies  upon  their  meeting  in  Jan- 
uary, was  to  contest  the  votes  of 
the  states  of  Oaxaca,  which  had 
been  given  to  Pedraza.  They 
were  declared  to  have  been  illegal- 
ly obtained,  and  General  Guerrero, 
having  received  the  greatest  num. 
ber  of  legal  votes,  was  declared 
to  be  the  President  elect  of  the  Re- 
public. 

Mr.  Poinsett  was  accused  by  the 
Escoceses  of  having  taken  an  ac- 
tive part,  in  bringing  about  the  re- 
volution. There  does  not  seem  to 
be  the  slightest  foundation  for  this 
accusation,  except  that  Mr.  Poin- 
sett was  a  friend  to  the  federal  con- 
stitution. 

As  soon  as  the  government 
became  settled,  the  excitement 
against  the  Spaniards  again  broke 
out,  and  a  decree  for  their  expul- 
sion was  loudly  called  for  by  the 
people.  At  length,  they  succeed- 
ed, and  on  the  18th  of  March,  Con- 
gress passed  a  decree  for  the  ex- 
pulsion of  the  Spaniards. 

This  decree  included  all  those 
born  in  countries  then  under  the 
dominions  of  Spain,  with  the  excep- 

VOL.  III. 


tion  of  Cuba,  Porto  Rico,  and  the 
Philippines  ;  and  also,  the  children 
of  Spaniards  born  at  sea.  This 
apparently  singular  clause,  was  in- 
serted for  the  purpose  of  getting 
rid  of  some  persons,  who  were  pe- 
culiarly obnoxious  to  the  govern- 
ment ;  it  excepted  those  who  were 
physically  impeded,  while  the  im- 
pediments should  exist.  They 
were  to  quit  the  state  or  territory 
in  which  they  resided,  within  one 
month,  and  the  republic  in  three 
months.  Those  unable  to  pay  their 
expenses,  were  to  have  them  paid 
by  government  to  the  nearest  port 
of  the  north,  under  regulations  of 
the  strictest  economy.  Those 
Spaniards  receiving  stipends,  were 
to  have  them  continued,  provided 
they  settled  in  republics  friendly  to 
Mexico.  The  law  of  the  20th  De- 
cember  was  repealed,  except  the 
clause  prohibiting  the  introduc- 
tion of  Spaniards  into  the  republic , 
The  policy  of  this  procedure  has 
undergone  much  discussion,  and 
will  admit  of  much  more.  On  the 
one  hand  it  has  been  contended, 
(hat  the  expulsion  of  a  great,  body 
of  men,  with  an  immense  capital, 
from  the  country,  would  be  a 
dreadful  blow  to  the  prosperity  of 
the  country,  not  unlike  that  which 
resulted  from  the  expulsion  of  the 
Moors  from  Spain.  On  the  other 
hand,  it  is  asserted  with  equal  plau- 
sibility, that  as  the  class  of  people 
expelled  were  continually  sowing 
dissentions,  and  exciting  rebellion 
62 


490 


AiNiNUAL  REGISTER,  lc«7-JM». 


against  the  government,  the  repub- 
lic could  not  hope  for  peace,  until 
they  were  driven  from  it.  The 
true  method  of  settling  the  question 
seems  to  consist  in  the  application 
of  the  old  adage,  although  which 
is  the  greater  of  the  two  evils 
is  very  difficult  to  determine. 

On  the  first  of  April,  General 
Guerrero  was  inducted  into  the 
presidential  chair,  and  took  the 
oath  of  office.  Every  thing  was 
conducted  with  the  greatest  order, 
and  the  popularity  of  the  new  pre- 
sident seemed  to  guarantee  the  fu- 
ture tranquillity  and  prosperity  of 
the  republic.  General  Bustamente, 
the  formef  Vice  President,  was 
continued  in  that  office.  Zavala 
was  appointed  secretary  of  the 
treasury,  the  former  secretary  hav- 
ing resigned  ;  Bocanegra,  secre. 
tary  of  state  ;  General  Santa  Anna, 
commander-in-chief  of  the  repub- 
lic, and  Don  Juan  de  Dios  Canedo, 
minister  to  the  United  States. 

On  the  9th  of  April,  a  bill  was 
introduced  into  the  senate,  to  ex- 
tend the  time,when  the  expulsion  of 
the  Spaniards  should  take  place  to 
December  1st,  which  was  there 
passed.  It  was  then  sent  to 
the  chamber  of  deputies,  by  whom 
it  was  rejected,  and  one  substituted 
allowing  the  government  to  extend 
the  period  to  six  months  to  such 
Spaniards  as  it  thought  proper. 

General  Lobato,  who  had  taken 
so  conspicuous  a  part  in  the  revo- 
lution, died  at  Guadalajaura  on  the 


7th  of  March  of  a  fever.  He  was 
generally  beloved  and  his  death,Wa« 
much  lamented  by  the  Mexicans. 

During  the  month  of  April,  the 
small  pox  broke  out  in  Oaxaca. 
and  made  great  ravages.  The 
country  was  also  infested  with  rob- 
bers, who  committed  many  depre- 
dations and  excesses. 

The  last  event  of  any  import- 
ance, which  comes  under  our  no- 
tice is  the  expedition  under  the 
command  of  General  Isidor  Bar- 
radas,  whicli  was  fitted  out  at 
Havana  against  Mexico  during  the 
months  of  May,  June  and  July,  1829. 
The  intelligence  of  the  intended 
expedition,  however,  excited  but 
little  apprehension  in  Mexico  ;  and 
it  was  generally  regarded  with 
contempt,  on  account  of  the  small- 
ness  of  the  number  composing  it. 
The  whole  number  of  men,  in- 
eluding  soldiers,  sailors,  marines. 
&c.  amounted,  according  to  the 
statement  of  the  Spanish  com- 
mander, to  about  7000.  It  was 
supposed,  that  the  expedition  would 
depart  from  Havana  about  the  1st 
of  Juljr,  and  that  Vera  Cruz  would 
be  the  first  point  upon  which  an 
attack  would  be  made.  General 
Santa  Anna  was  at  the  head  of  an 
army  of  12,000  men  at  Tuspacu 
to  receive  them.  On  the  5th  of 
July,  the  expedition  left  Havana. 
The  troops  were  landed  near  Tarn - 
pico  about  the  1st  of  August,  but 
were  totally  defeated  in  a  very 
short  time  bv  the  Mexican  army. 


MEXICO. 


aud  the  expedition  completely 
failed. 

The  Texas. — tt  is  pleasant  to  turn 
from  scenes  of  civil  commotion, 
turbulence  and  bloodshed,  to  those 
of  a  more  calm  and  pacific  charac- 
ter. The  province  of  Texas  has, 
through  its  fortunate  location,  and 
the  small  number  of  its  inhabitants, 
been  entirely  exempt  from  the  dis- 
turbances which  have  distracted  all 
I  he  more  populous  parts  of  Mexico. 
About  seven  or  eight  years  pre- 
vious to  the  present  period,  a  num- 
ber of  enterprising  individuals 
founded  a  colony  in  the  fine  coun- 
try bordering  on  the  Rio  Grande. 
They  were  nearly  all  emigrants 
from  the  United  States,  and  the 
colony  now  numbers  from  10  to 
15,000  souls. 

On  the  opposite  side  of  Texas, 
another  colony  is  fast  rising  into 
importance.  Two  hundred  fami- 
lies are  already  settled  on  the 
alluvion  of  the  Red  River,  near 
Arkansas.  The  lands  yield  as- 
tonishing crops  of  cotton,  tobacco 
and  corn.  Innumerable  herds 
graze  on  the  elevated  prairies,  and 
the  mountains  are  known  to  con- 
tain the  precious  metals  in  great 
abundance.  The  colonists  are  to 
be  exempt  from  taxation,  and  the 
merchandise  they  import  will  pay- 
no  duties. 

Treasury. — During  all  the  period 
which  we  have  noticed,  the  finances 
of  Mexico,  were  in  a  most  deplorable 
state.  The  most  improvident  loans 


were  contracted  at  different  times : 
but  even  these  were  inadequate  to 
meet  the  expenses  ;  and  the  con- 
tinual disturbances  whicli  were  ta- 
king place,  prevented  the  providing 
of  means  to  pay  the  dividends  :  and 
although  latterly  the  minister  pub- 
lished repeated  advertisements  for 
loans,  few  were  found  willing  to 
contract.  A  loan  was  offered  by  the 
agent  of  the  Barings,  in  October, 
1828.  on  the  security  of  lands  in 
Texas,  but  the  offer  was  sub- 
sequently  withdrawn. 

Commerce. — The  commercial  po- 
licy of  Mexico  is  illiberal,  and  at 
variance  with  the  freedom  of  trade. 
A  new  tariff  was  instituted  in  De- 
cember, 1827,  imposing  heavy  du- 
ties upon  imported  articles,  of 
various  descriptions.  Exports  were 
left  free  of  duty,  with  the  excep- 
tion of  gold  and  silver,  the  duty 
upon  which  remained  the  same  as 
that  imposed  by  the  provisional 
gubernatorial  junta,  in  1821.  The 
gold  and  silver  bullion  in  bars,  lumps 
or  ingots,  which  might  be  transport- 
ed from  the  interior  to  the  seaports 
of  the  republic,  were  required  to  be 
numbered,  and  to  bear  a  mark  in- 
dicating their  weight  and  alloy,  and 
that  they  had  paid  the  tax  of  one 
fifth ;  or  showing  in  such  other  man- 
ner as  the  several  states,  or  the 
general  congress,  should  direct,  with 
respect  to  the  districts  and  terri- 
tories, that  they  had  paid  the  duties 
above  mentioned,  as  well  as  those 
on  mines.  Thf  export  duty  was 


ANNUAL  REGISTER,  1827-8-u. 


fixed  at  seven  per  centum  ad  va- 
lorem. 

Naval.  — The  navy  of  an  infant 
nation  will  always  be  found  to  be  in 
an  imperfect,  feeble,  and  inefficient 
state,  and  none  can  be  maintained 
where  the  navigation  is  carried  on 
in  foreign  bottoms.  That  of  Mexico 
forms  no  exception  to  this  rule. — 
Commodore  Porter  joined  the  Mex- 
ican navy  upon  his  suspension  from 
that  of  the  United  States,  under 
strong  hopes  of  being  able  to  be- 
come serviceable  ;  but  even  the  ta- 
lent and  skill  of  such  an  officer, 
were  insufficient  to  surmount  the 
numerous  obstacles  which  present- 
ed themselves.  The  only  naval 
action  of  any  note,  that  took  place 
during  the  period  which  has  fallen 
under  our  notice,  was  that  between 
the  Mexican  brig  of  war  Guerrero, 
mounting  22  guns,  and  136  men, 
and  the  Spanish  frigate  Lealtad,  of 
64  guns,  and  500  men.  The  ac- 
tion took  place  on  the  14th  of  Feb- 
ruary, 1829.  The  Lealtad  was  su- 
perior in  every  respect,  and  had 
put  to  sea  in  pursuit  of  the  Guerre- 
ro. After  a  most  gallant  defence, 
which  lasted  two  hours  and  twenty 
minutes,  more  than  half  the  time 
the  vessels  being  within  pistol  shot 
of  each  other,  the  latter  was  cap- 
inred.  Her  brave  commander. 


Captain  David  II.  Porter,  (nephew 
of  the  Commodore,)  was  killed  in 
the  engagement.  The  courage 
displayed  in  the  defence  of  the 
Guerrero,  created  throughout  the 
Mexican  states,  a  desire  to  improve 
and  increase  the  naval  force.  The 
citizens  of  Vera  Cruz  opened  a 
subscription  in  order  to  build  a  brig 
exactly  like  the  Guerrero,  with  the 
intention  of  presenting  her  to  the 
government.  Nothing,  however, 
was  effected. 

In  July,  the  crews  of  the  whole 
Mexican  squadron  which  lay  in  or- 
dinary at  Vera  Cruz,  (consisting 
of  the  Congress,  Libertad,  Victo- 
ria, and  Bravo,)  were  discharged. 
The  Commodore,  after  repeated 
applications  to  the  proper  authori- 
ties, soliciting  the  payment  of  his 
seamen's  wages,  finding  his  re- 
quests unattended  to,  at  length,  on 
the  28th  July,  ordered  his  flag  to 
be  hauled  down,  declaring  himself 
no  longer  able  to  support  it.  This 
example  was  followed  by  the  re- 
mainder of  the  squadron.  Almost 
all  the  foreign  officers  in  the  ser- 
vice tendered  their  resignations, 
and  retired  without  being  able  to 
obtain  their  pay  ;  but  received  cer- 
tificates in  lieu  thereof,  many  of 
which  werr  sold  at  a  great  depre- 
ciation. 


CHAPTER  XIX. 


COLOMBIA. 

Preliminary  Remarks — Election  of  Deputies — Convention  at  Ocana—>- 
Dissohition  of  Convention — Bolivar  proclaimed  Supreme  Chief — Con- 
spiracy against  Bolivar — Trial  of  Santander — His  banishment — Gene- 
ral remarks  on  the  same — Decree  of  Bolivar,  calling  constituent  Con- 
gress—Designs of  Bolivar — Historical  account  of  his  abdications — 
Conclusion. 


AT  the  close  of  the  year  1827, 
Colombia,  happily  escaped  from  the 
impending  horrors  of  a  civil  war, 
remained  apparently  tranquil,  and 
under  the  joint  administration  of 
Bolivar,  and  Santander,  seemed 
destined  to  assume  a  permanent 
station  among  the  nations  of  the 
earth.  The  insurrection  of  Paez, 
had  been  attended  with  no  visible 
bad  effects  ;  and  the  prompt,  deci- 
sive, and  at  the  same  time,  mode- 
rate conduct  of  the  Liberator,  had 
again  directed  the  devious  and 
hostile  interests  of  the  country 
into  one  uniform  current,  that  now 
flowed  on  smoothly  towards  the 
meeting  of  the  grand  convention, 
which  was  appointed  to  assemble 
at  Ocana,  on  the  2d  March,  1828. 

Yet  under  all  this  seeming  calm, 
there  was,  to  the  acute  observer, 
too  much  cause  to  apprehend  that 
the  flames  of  discord  were  but 


temporarily  smothered,  and  that 
sooner  or  later,  they  would  burst 
forth  with  increased  fury. 

The  year  1828  was  destined  to 
verify  these  mournful  presages,  and 
may  be  considered  as  an  unfortu- 
nate sera — annum  nefastum  in  the 
history  of  Colombia. 

One  of  the  last  acts  of  the  extra- 
ordinary session  of  congress,  was 
the  decree  of  September  24th,  con- 
tinuing in  force  the  regulations  of 
the  Liberator  in  the  east. 

After  the  termination  of  the  ses- 
sion, Bolivar  remained  at  Bogota, 
governing  with  full  sovereignty  in 
the  north,  with  Paez  for  his  second  ; 
while  the  south  returned  to  its  for- 
mer allegiance,  to  the  constitutional 

O  * 

powers  of  the  nation  ;  the  centre, 
meanwhile,  remaining  firm  in  its 
adhesion  to  the  general  law. 

The  conduct  of  Bolivar  was  still 
of  an  equivocal  character ;  and  the 


494 


ANNUAL  REGISTER, 


friends  of  the  constitution  enter- 
tained serious  apprehensions,  of  a 
design  to  force  the  Bolivian  code 
upon  Colombia.  This  constitution 
was  the  favourite  child  of  his 
imagination  ;  he  had  pronounced 
it  his  "  confession  of  political 
faith  ;"  he  had  staked  upon  it  his 
hopes  of  fame  as  a  legislator ;  and 
without  some  disclaimer  or  renun- 
ciation, there  was  good  ground  for 
the  apprehensions. 

We  would  not  willingly  doubt 
the  sincerity  and  patriotism  of 
one,  whose  character  and  services 
have  won  for  him  the  glorious 
title  of  Liberator  of  Colombia — 
whose  very  title,  a  title  confer- 
red upon  him  by  the  sponta- 
neous voice  of  a  grateful  people, 
expresses  far  different  feelings 
from  those  which  actuate  the  usur- 
per and  the  despot ;  and  whose  past 
history  is  so  intimately  connected 
with  the  annihilation  of  monarchi- 
cal sway.  But  clouds  have  gather- 
ed around  his  fame  ;  and  although 
our  province  is  that  of  contempo- 
rary history,  and  confined  to  a 
limited  period,  yet  within  that  time 
recent  events  have  occurred,  too 
nearly  confirming  the  forebodings 
of  the  true  friends  of  the  republic. 

Whatever  suspicions  were  at  this 
lime  entertained  of  the  ulterior  de- 
signs of  theLiberator,his  opponents 
did  not  on  that  account  place  any 
obstacles  in  the  way  of  his  adminis- 
tration of  the  executive  department 
of  the  government,  but  seriously 


and  industriously  applied  them- 
selves to  the  procuring  a  proper 
representation  in  the  coming  con- 
vention, to  which  all  eyes  were 
anxiously  turned. 

On  the  other  hand,  intrigue  was 
busily  at  work  to  defeat  the  honest 
wishes  of  the  people  ;  and  the 
most  unjustifiable  measures  were 
resorted  to,  to  secure  a  majority 
in  the  convention  in  favour  of  the 
Liberator. 

Whole  provinces  were  proclaim- 
ed under  martial  law ;  and  under 
the  pretence  that  12,000  Spanish 
troops  were  in  the  Canary  Islands, 
ready  to  embark  and  invade  the 
country,  orders  were  given  for  a 
new  levy  of  16,000  men.  The 
people  were  terrified  by  the  most 
alarming  reports,  and  falsehoods 
circulated  by  the  partizans  of  Bo- 
livar ;  and  respectable  heads  of 
families  and  distinguished  patriots, 
were  banished  and  proscribed,with. 
out  any  known  cause.  In  the  sou- 
them  departments  every  thing  was 
conducted  at  the  point  of  the  bayo- 
net. The  people,  however,  were 
intractable,  and  the  elections  ter- 
minated in  the  choice  of  a  large 
majority  of  determined  patriots. 

While  this  struggle  was  going  on 
in  Colombia,  the  Bolivian  code  had 
met  with  opposition  in  Bolivia  itself. 

This  affair  excited  the  most  live- 
ly uneasiness  in  the  mind  of  Boli- 
var, who  found  himself  thus  strip- 
ped of  all  his  imaginary  honours 
as  a  legislator,  at  the  same  time 


COLOMBIA. 


that  Colombia  herself  had  refused 
to  submit  to  his  arbitrary  guidance, 
and  had,  notwithstanding  his  ef- 
forts, elected  a  majority  opposed 
to  his  views. 

He  no  longer  desired  the  con- 
vention, which  he  had  before  de- 
clared was  to  "  save  the  republic  ;" 
and  his  whole  aim  now  was  to  de- 
stroy  that  body,  and  invalidate  any 
measures  they  might  adopt. 

Previous  to  the  meeting  of  the 
convention,  under  the  pretence  of 
intestine  commotions,  he  invested 
himself  with  extraordinary  powers, 
— dividing  the  executive  powers 
among  five  of  his  own  creatures, 
whom  he  designated  his  council  of 
ministers,  while  he  himself  deter- 
mined to  visit  the  northern  depart- 
ments. 

The  convention  was  attacked 
before  it  was  yet  installed,  its  legi- 
timacy questioned,  and  the  whole 
country  filled  with  suspicions  and 
disquietude. 

At  Bogota  a  portion  of  the  bat- 
talion of  Vargas,  headed  by  Colo- 
nel Ignacio  Luque,  broke  open  the 
office  of  a  liberal  paper,  called  the 
Zuriago,  took  from  it  all  the  copies 
of  the  first  number,  and  burnt 
them  with  a  solemn  auto  da  fe  in 
front  of  the  shop. 

They  also,  in  company  with 
Colonel  Ferguson,  an  Englishman, 
and  aid-de-camp  of  Bolivar,  attack- 
ed the  office  of  a  paper  called  the 
Incombustible,  beat  the  workmen, 
and  threw  the  types  into  the  river. 


Colonel  Bolivar,  one  of  the  body 
guard  of  the  Liberator,  made  a 
personal  attack  upon  Doct.  Azuero, 
one  of  the  deputies  to  the  conven- 
tion. 

Private  correspondence  was  vio- 
lated ;  and  emissaries  of  the  go- 
vernment, prompted  by  the  hope 
of  reward,  made  the  most  in- 
famous accusations  against  ob- 
noxious individuals.  In  the  midst 
of  this  excitement,  the  conven- 
tion assembled  at  Ocana.  Bo- 
livar, abandoning  his  intended 
march  to  the  north,  directed  his 
course  towards  Ocana,  and  sur- 
rounded it  with  troops,  placing 
his  head  quarters  at  Bucara- 
manga. 

The  convention  was  opened  with 
a  long  address  from  Bolivar,  set- 
ting forth  the  various  and  impor- 
tant defects  in  the  present  form  of 
government,  and  the  abuses  conse- 
quent thereupon. 

This  address,  if  it  spoke  truly, 
presented  the  republic  in  a  most 
deplorable  situation.  The  national 
credit  ruined,  the  revenue  destroy- 
ed, the  treasury  bankrupt — and  the 
republic  beset  by  a  formidable  host, 
of  creditors. 

In  the  judicial  department,  ve- 
nality and  injustice  prevailed  to 
an  extent  totally  irrepressible  by 
the  executive  ;  in  the  financial  de- 
partment, a  host  of  useless  officers 
preyed  upon  the  revenue,  and  to 
gross  neglect  added  the  most  na- 
torious  dishonesty  in  its  collection 


496 


ANNUAL  REGISTER,  1827-8-9. 


Police  there  was  none,  "  not  even 
a  shadow  of  it  exists.  Security 
and  repose  are  destroyed." 

He  represents  the  municipalities 
as  characterized  only  by  fraud, 
oppression  and  insubordination,  and 
considers  that  it  would  be  a  blessing 
to  the  country  to  destroy  tJiem  en- 
tirely. 

Such  was  the  unflattering  picture 
of  Colombia,  as  painted  by  her 
chief  magistrate,  anti  so  far  as  re- 
gards the  national  credit,  and  the 
forfeiture  of  the  national  honour 
abroad,  truly  painted.  But  to  what 
causes  are  we  to  attribute  this  dis- 
astrous stute  of  affairs  ?  We  con- 
fess  not  without  regret,  that  strong 
suspicions  unite,  in  pointing  to  Bo- 
livar as  the  sole  cause.  We  know 
that  imputations  have  been  thrown 
upon  the  Vice-President — but  we 
believe  without  good  grounds  ;  and 
we  should  rejoice  if  the  conduct 
and  motives  of  Bolivar,  could  be  as 
fully  and  fairly  explained,  as  have 
been  those  ofSantander. 

We  recur  again  to  the  address 
of  Bolivar,  as  throwing  some  ad, 
ditional  light  upon  his  designs. 

After  some  general  prefatory 
allusion  to  the  country,  he  con- 
tinues : 

"  I  would  add  nothing  to  this  fa- 
tal picture,  if  the  post  I  occupy  did 
not  compel  me  to  expose  to  the  na- 
tion the  practical  ill  consequences 
of  its  laws.  I  know  that  I  cannot 
do  this,  without  exposing  myself  to 
malicious  interpretations,  and  that 


my  words  will  be  attributed  to  am- 
bitious views  ;  but  I,  who  have  not 
refused  to  devote  to  Colombia  my 
existence  and  reputation,  conceive 
myself  bound  to  make  this  last 
sacrifice. 

"  I  must  confess  it ;  our  form  of 
government  is  essentially  defec- 
tive." 

The  first  great  defect  complain- 
ed of,  was  the  feebleness  of  the 
executive. 

"  We  have  made  the  legislative 
the  only  sovereign  body,  whereas 
it  ought  to  be  merely  a  member  of 
this  sovereign.  We  have  subject- 
ed to  it,  the  executive,  and  we  have 
given  to  it  a  much  greater  part  in 
the  general  administration  than 
our  welfare  permits.  As  the  cli- 
max of  error,  all  the  strength  has 
been  placed  in  the  will,  and  all  the 
weakness  in  the  movement  and 
action  of  the  social  body." 

The  executive,  he  said,  did  not 
possess  the  power  of  even  propos- 
ing laws  for  the  consideration  of 
congress.  And  its  veto  could  al- 
ways be  rendered  nugatory.  The 
officers  were  not  allowed  freely 
to  explain  the  grounds,  on  which 
the  government  might  wish  mea- 
sures to  be  adopted,  or  on  which  it 
might  wish  them  to  be  rejected, 
when  adopted  by  the  legislature. 
In  all  its  functions,  the  civil,  the 
military,  and  the  judicial,  it  was  the 
mere  creature  of  the  legislative 
body ;  and  the  consequence  was, 
that  it  had  proved  insufficient  iu 


COLOMBIA. 


the  suppression  of  internal  com- 
motions,  and  the  repulsion  of  fo- 
reign invasions,  except  when  in- 
vested with  the  irregular  and  dic- 
tatorial powers  bestowed  by  cer- 
tain  provisions  of  the  constitution, 
the  very  necessity  of  which,  proved 
the  general  impolicy  and  incom- 
pleteness of  that  instrument. 

He  further  complained  of  the 
present  footing  of  the  army,  con- 
tending, that  the  supremacy  of  the 
civil  tribunal  was  derogatory  to  the 
authority  of  the  president,  and  de- 
structive of  discipline — "of  that 
blind  obedience,  without  winch  no 
army  can  exist  for  any  good  pur- 
pose." The  laws  also  permitted 
the  military  to  marry  without  the 
permission  of  the  government — a 
provision  which,  he  remarked,  "had 
been  particularly  injurious  to  the 
army  in  the  facility  of  its  move- 
ments, its  force  and  its  spirit." 
They  had  prohibited  the  army's 
being  recruited  from  among  fathers 
of  families — they  would  not  allow 
a  married  man  to  become  a  soldier, 
and  yet  they  allowed  soldiers  to 
become  married  men. 

Such  was  the  representation  of 
the  condition  of  Colombia,  ema- 
nating from  her  chief  magistrate  ; 
and  it  certainly  exhibited  a  wretch- 
ed aspect  of  affairs.  We,  how- 
ever, are  inclined  to  the  belief,  that 
in  many  respects  it  is  much  exag- 
gerated.  We  certainly  do  not  be- 
lieve in  the  alleged  violations  of 
the  constitution,  as  set  forth  in 

Voi.  III. 


the  representations  ot  the  curtail, 
ment  of  the  executive  power, 
since  from  the  known  determin- 
ed character  of  the  Liberator, 
himself  the  executive,  he  would 
have  been  the  last  to  have  suffered 
such  a  violation  of  his  rights.  We 
rather  incline  to  the  opinion,  that 
finding  himself  restricted  by  the 
constitution,  he  seized  the  oppor- 
tunity to  increase  his  present  al- 
most arbitrary  power,  by  exagge- 
rated statements  of  past  evils. 

The  first  question  presented  to 
the  consideration  of  the  conven- 
tion, was  a  proposition  to  establish 
a  federal  system  of  government, 
similar  to  that  of  the  United  States. 
This  proposition  was  sustained  by 
about  one  third  of  the  deputies, 
among  whom  Santander  was  most 
distinguished.  A  majority,  how- 
ever, were  in  favour  of  a  central 
government ;  and  the  subject  was 
referred  to  a  committee,  who  in 
the  middle  of  May  reported  unani- 
mously in  favour  of  the  principle- 
of  the  constitution  as  proclaimed  at 
Angostura  and  Cucuta  in  1319  ana 
1821. 

The  struggle  now  commenced 
between  the  friends  of  Bolivar,  who 
were  for  increasing  the  executive 
powers,  well  knowing  that  no  other 
than  Bolivar  would  be  elected  to  the 
presidency — so  long  as  he  chose 
to  accept  it,  and  the  liberal  party, 
who  were  doubtful  of  Bolivar's  in- 
teintons. 

This  latter  possessed  a  decided 


490 


A-NiNLAL  REGISTER,  1827-6-9. 


majority,  and  resisted  every  effort 
of  the  dictatorial  party,  backed  as 
they  were  by  the  threats  of  Boli- 
var's satellites. 

Finding  themselves  disappointed 
in  their  purposes,  the  factionists 
formed  themselves  into  a  com- 
mittee, and  presented  a  project  in 
the  place  of  that  reported  by  the 
committee  appointed  for  that  pur- 
pose. 

The  convention,  instead  of  re- 
jecting this  irregular  report,  as  its 
authors  anticipated,  very  properly 
referred  it  to  the  same  committee. 
Baulked  in  their  wishes,  which  they 
sought  a  pretext  for  accomplishing 
by  means  of  this  report,  under 
the  expectation  of  its  contemptuous 
refusal,  the  cabal  determined  on 
secession.  On  the  2d  of  June,  18 
deputies  absented  themselves  from 
the  convention,  under  the  plea  of 
indisposition,  and  continued  their 
absence  for  several  days. 

Great  excitement  ensued.  The 
secession  of  the  eighteen  left  the 
convention  without  a  quorum ;  and 
several  deputies  who  were  really 
sick,  caused  themselves  to  be  car- 
ried in  litters  to  attend  the  sittings. 

On  the  6th,  the  convention  is- 
sued a  protest,  and  presented  nine- 
teen articles  supplementary  to  the 
constitution  of  Cucuta,  in  the  hope 
of  obtaining  some  good  result  from 
their  convocation.  They  also  is- 
sued an  order,  requiring  the  ab- 
sentees to  resume  their  seats,  which 


was  replied  to  on  the  next  day  by  the 
seceders,  who  assigned  the  reasons 
for  their  withdrawal.  On  the  ninth 
the  convention  passed  an  order  re- 
quiring them  not  to  leave  the  city, 
until  their  places  had  been  sup- 
plied. The  seceders  replied  on 
the  10th,  denying  the  authority  of 
the  convention,  protesting  against 
their  proceedings  for  want  of  a 
quorum,  and  immediately  left  the 
city  twenty-one  in  number. 

Finding  all  attempts  to  procure 
the  attendance  of  its  absent  mem. 
bers  ineffectual,  the  remaining  de- 
puties, fifty-four  in  number, — being 
one  short  of  the  number  required 
by  the  constitution  to  constitute 
a  quorum,  on  the  llth  dissolved 
the  convention,  announcing  to  the 
republic  the  causes  which  had  led 
to  that  event. 

It  Avas  to  be  presumed,  as  the 
convention  had  recognised  the 
main  principles  of  the  present 
constitution,  that  on  its  dissolution 
that  instrument  would  at  least  have 
continued  in  force.  This,  however, 
was  inconsistent  with  the  designs 
of  the  Bolivian  party.  They  had 
by  an  act  of  treachery,  destroyed 
the  convention  ;  and  it  now  only 
remained  to  complete  the  destruc-, 
tion  of  the  constitution  by  the 
election  of  Bolivar  to  the  presiden- 
cy for  life,  with  hereditary  succes- 
sion. The  importance  of  this  por- 
tion of  our  history  requires  us  to 
retrace  our  steps,  and  enter  mo?e 


COLOMBIA. 


499 


into  detail.  In  stationing  himself 
at  Bucaramanga,  Bolivar's  avowed 
object  was  the  protection  of  the 
convention. 

Restricted  by  the  constitution 
from  any  nearer  approach,  he  re- 
sorted to  the  employment  of  mili- 
tary  agents,  to  effect  his  purpose. 

Colonels  O'Leary  and  Wilson, 
two  of  his  aids-de-camp,  were  kept 
constantly  within  the  lines,  convey- 
ing and  receiving  communications. 
Apprized  of  the  contemplated  trea- 
chery of  the  twenty-one  seceding 
members,  he  immediately  despatch- 
ed instructions  to  Don  Pedro  Alcan- 
tara Herran,  who  had  been  left  as 
intendant  of  Cundinamarca,  during 
his  absence,  of  the  measures  he 
wished  to  be  adopted  there.  On  the 
morning  of  the  13th  of  June,  two 
days  after  the  dissolution  of  the 
convention,  and  before  the  news 
could  possibly  have  been  received 
at  Bogota,  Herran  issued  a  written 
order  to  the  heads  of  families,  re- 
quiring them  to  assemble  at  two 
o'clock  of  that  day.  No  notice  was 
given  of  the  business  intended  to 
be  acted  upon ;  and  without  any 
previous  knowledge  of  the  object  of 
the  meeting,  a  portion  of  the  inha- 
bitants, about  250  in  number,  as- 
sembled.  The  intendant  immedi- 
ately addressed  them,  setting  forth 
the  distracted  state  of  the  country  ; 
that  the  Spanish  fleet  was  on  the 
coast ;  that  the  Peruvians  were  in- 
vading them  from  the  interior,  and 


that  Bolivar'himselt',  was  about  to 
retire  from  the  command  to  private 
life ;  that  the  convention  was  busy 
with  the  intrigues  of  a  few  design- 
ing demagogues,  hostile  to  Bolivar, 
who,  having  obtained  an  acciden- 
tal majority,  had  refused  to  allow 
him  to  participate  in  their  delibera- 
tions upon  the  reform  of  the  con- 
stitution.  That  the  project  adapted 
by  the  convention,  was  contrary  to 
the  views  of  the  Liberator,  because 
they  reduced  the  executive  power 
to  a  mere  dependency  on  the  legis- 
lature, — taking  away  thereby  all  en- 
ergy from  the  government ;  and  that 
in  consequence,  he  had  determined 
on  a  resignation  ;  in  which  case, 
the  government  would  be  dissolved. 
He  therefore  proposed  resolutions 
clothing  Bolivar  with  supreme  pow- 
er, and  confiding  the  destinies  of 
the  republic  to  his  hands.  After 
a  short  silence,  the  intendant  said 
that  any  one  who  wished  to  speak, 
was  at  liberty  to  address  the  meet- 
ing. Several  officers,  who  had 
mixed  with  the  citizens,  then  ad- 
dressed  them  in  support  of  the  pro- 
position of  the  intendant.  They 
were  listened  to  in  silence.  Doc- 
tor Vargas,  a  dstinguished  patriot, 
attempted  some  remarks  in  oppo- 
sition to  the  views  of  the  intendant, 
contending  that  they  had  no  power 
to  confer  authority  upon  the  Libe- 
rator, especially  while  the  conven- 
tion was  in  session,  to  whom  the 
sovereignty  of  the  country  had  been 


300 


ANNUAL  REGISTER, 


delegated,  and  of  the  result  of  whose 
deliberations  they  had  no  definite 
knowledge  ;  and  besides,  that  Bo- 
gota, composing  hardly  a  thou- 
sandth part  of  the  republic,  had 
no  right  to  delegate  an  authori- 
ty, exclusively  belonging  to  the 
people  at  large.  That  this  authority 
wag  now  vested  iin  the  convention 
at  Ocana — whose  deliberations 
were  entitled  to  be  considered  as 
emanations  of  the  public  will ;  and 
that  if  it  was  true,  that  that  body 
was  about  to  dissolve,  there  re- 
manned  a  legal  resource,  viz. :  the 
convocation  of  the  constituent  con- 
gress, which  would  be  able  to  ap- 
yly  the  proper  remedy  to  the  ex- 
isting evils.  During  bis  discourse 
he  was  interrupted  by  cries  from 
the  military,  of  "  Basta,  basta." 
<•"  Enough,  enough  ;")  and  on  re- 
tiring from  the  assembly,  was  in- 
sulted, and  struck  by  General  Pa- 
ris, and  Colonel  Luque,  within  the 
very  door  of  the  house  in  which 
the  meeting  was  held.  A  young 
man  by  the  name  of  Santamaria 
also  attempted  to  address  the  as- 
semblage,  but  was  silenced  by  the 
intendant. 

Meanwhile,  3,000  troops  sur- 
rounded the  place  of  assemblage, 
among  whom,  ball  cartridges  had 
been  distributed  that  morning. — 
All  were  intimidated,  each  fear- 
ed that  his  neighbour  had  been 
seduced,  no  one  dared  to  offer 
himself  a  victim  by  opposition, 


the  gleam  of  the  bayonets  oi  iii< 
military  without,  occasionally  flash- 
ed across  their  eyes,  checking  the 
impulse  of  patriotism,  and  the  re- 
solutions were  passed  without  dis- 
sent. The  people  of  Bogota  had 
hitherto  been  distinguished  for  their 
attachment  to  the  constitution,, 
clinging  to  it  as  the  ark  of  their  po- 
litical safety,  amid  all  former  com- 
motions of  the  political  ocean  ;  and 
now,  in  appearance,  were  the  first 
to  surrender  their  chartered  liber- 
ties to  the  guidance  of  an  irrespon- 
sible individual. 

Without  explanation,  this  would 
seem  to  indicate  that  the  elec- 
tion of  Bolivar  to  the  office  of  su- 
preme chief,  was  indeed  the  only 
salvation  for  the  country.  But 
the  people  of  Bogota,  had  before 
expressed  their  opinion  of  the  Li- 
berator, by  an  election  under  his 
eyes,  of  individuals  to  represent 
them  in  the  convention  opposed  to 
his  views  ;  and  their  present  con- 
duct can  only  be  considered  like 
that  of  an  individual  signing  a  con- 
tract with  the  sword  of  his  antago- 
nist at  his  breast. 

Military  power  intimidated  them, 
and  having  witnessed  the  former  ex- 
cesses against  those,  who  had  dared 
to  assert  their  unalienable  rights, 
they  bowed  submissively  to  the 
views  of  the  enemies  of  constitu- 
tional freedom. 

These  illegal  measures  at  the 
capital  were  received  by  Bolivar 


COLOMBIA. 


901 


with  full  approbation,  and  in  his  an- 
swer, accepting  the  office  conferred 
upon  him,  he  commends  the  city 
for  thus  "taking  upon  itself  the 
salvation  of  the  country,  the  pre- 
servation of  its  glory  and  its  union." 
The  eager  haste  thus  manifested 
by  Bolivar  in  accepting  the  invita- 
tion of  the  capital,  before  he  had 
been  notified  of  the  concurrence 
of  any  other  department,  in  the 
failure  of  other  indicia,  points 
with  unerring  finger  to  himself  as 
the  instigator  of  the  movement. 
This  act  of  the  city  of  Bogota  was 
speedily  followed  by  similar  move- 
ments in  other  departments,  and 
Colombia  again  passed  under  the 
unlimited  authority  of  Bolivar. 

Immediately  after  his  acceptance 
of  the  invitation  of  the  city,  he  re- 
paired to  that  place. 

He  was  greeted  by  his  partisans 
with  the  utmost  enthusiasm.  A  tem- 
porary throne  was  erected  for  him 
in  the  principal  square,  and  pos- 
sessing the  substance  of  unre- 
strained regal  power,  the  name 
alone  was  now  wanting. 

In  his  organic  decree,  he  at  once 
destroys  the  old  constitution,  sub- 
stituting his  own  authority  in  its 
place. 

"The  constitution  of  the  com- 
monwealth," says  he,  "  no  longer 
possessed  its  legal  force  over  the 
multitude,  because  that  self-same 
convention  had  annulled  it  by  de- 
creeing the  urgency  of  its  reforma- 
tion. The  people  then  becoming 


sensible  of  the  enormity  of  the  evils, 
which  threatened  their  rights,  re- 
assumed  those  constitutional  privi- 
leges that  had  been  delegated  to 
them;  and  by  the  instantaneous 
exercise  of  the  plenitude  of  their 
sovereign  power,  they  provided  for 
their  own  welfare  and  security. 
The  sovereign  people  deigned  to 
honour  me  with  the  title  of  their 
minister,  and  moreover  authorized 
me  to  execute  their  commands." 
He  professes  to  be  dissatisfied  with 
himself  and  his  own  abilities,  and 
says,  "I  will  retain  the  supreme 
power  only  until  you  command  me 
to  restore  it ;  and  if  you  take  no 
measures,  I  will  convene  the  na- 
tional  representation  within  a 
year."  He  further  promulgates 
the  doctrines  that  property  shall  be 
held  inviolable,  the  press  free,  all 
kinds  of  industry  protected,  and  the 
right  of  petition  left  sacred.  He 
concludes  in  the  following  lan- 
guage :  "  Colombians !  I  will  say 
nothing  about  liberty ;  because  if  I 
fulfil  my  promises,  you  will  be  more 
than  free  ;  you  will  be  respected. 
Besides,  under  a  dictator,  who  can 
speak  of  liberty?  Let  us  theii 
bestow  our  commiseration  equally 
on  the  people  who  obey  and  on  the 
man  who  rules  alone." 

The  first  exercise  of  his  power, 
was  a  declaration  of  war  against 
Peru :  a  measure  founded  partly 
on  personal  irritation,  on  ac- 
count of  the  overthrow  of  his 
favourite  code,  in  that  republic. 


502 


ANNUAL  REGISTER,  1827-8-9. 


In  addition,  Peru  had  lent  her  aid 
tp  a  revolutionary  party  in  Boli- 
via, and  a  struggle  was  going  on 
which  eventually  resulted  in  the 
deposition  of  Sucre,  the  President 
of  Bolivia,  and  the  formation  of 
a  new  government.  Urdaneta,  the 
minister  of  war,  was  despatched 
with  3000  men,  to  the  assistance  of 
Sucre,  while  Bolivar  prepared  for 
an  invasion  of  Peru.  Sucre,  after 
being  deposed,  was  sent  a  prisoner 
to  Colombia,  and  on  his  arrival  was 
immediately  named  by  Bolivar, 
Commander  extraordinary  of  the 
division  acting  against  Peru.  A 
full  history  of  the  war,  which  re- 
sulted in  the  defeat  of  the  Peru- 
vians,  will  be  found  in  the  succeed- 
ing chapter. 

Possessed  of  the  extraordinary 
powers  conferred  upon  him  at 
Bogota,  the  supreme  chief  deemed 
it  necessary  for  the  present,  to 
define  his  powers. 

In  the  provisional  constitution 
for  the  government  of  the  country, 
decreed  on  the  27th  August,  he 
accordingly  states  that  to  the  su- 
preme chief  it  belongs — 

1st.  To  establish  and  maintain 
order  and  tranquillity  at  home,  and 
to  insure  the  state  from  all  foreign 
attacks. 

2d.  To  command  the  military 
and  naval  forces. 

3d.  To  direct  all  diplomatic  ne- 
gotiations; declare  war;  execute 
treaties  of  peace,  alliance,  and 
neutrality,  commerce,  and  of  everv 


other  kind,  with  foreign  govern- 
ments. 

4th.  To  nominate  for  every  office 
of  the  republic,  and  to  remove  or 
supersede  those  employed,  when- 
ever he  may  think  convenient. 

5th.  To  issue  decrees  and  ne- 
cessary regulations  of  what  na- 
ture soever,  and  to  alter,  reform, 
and  abrogate  the  established 
laws, 

6th.  To  see  that  his  decrees  and 
regulations,  as  well  as  those  laws 
which  are  to  continue  in  force,  be 
executed  with  exactness  in  every 
section  of  the  republic. 

7th.  To  direct  the  management 
of  the  national  revenue. 

8th.  To  enforce  the  prompt  and 
impartial  administration  of  justice 
by  its  tribunals  and  courts.. 

9th.  To  approve  or  alter  the 
sentences  of  councils  of  war  and 
military  tribunals,  in  criminal 
proceedings  against  the  offi- 
cers of  the  navy  and  army  of  the 
republic. 

10th.  To  commute  capital  pu, 
nishments  by  and  with  the  opinion, 
of  a  council  of  state,  which  is  esta- 
blished by  this  decree. 

llth.  To  grant  amnesties. 

12th.  To  issue  privateers'  com- 
missions. 

13th.  To  exercise  the  natural 
power  as  chief  of  the  general  ad-, 
ministration  of  the  government  in 
all  its  branches,  and  as  the  man 
entrusted  with  the  supreme  power 
of  the  state. 


COLOMBIA. 


503 


14th.  To  preside  at  the  coun- 
cil  of  state,  whenever  he  may  think 
proper. 

His  designs  werenow  comple- 
ted ;  the  liberties  of  the  country 
were  prostrated,  and  the  liberator 
commenced  his  career  of  despo- 
tism. 

A  series  of  proscriptions  and  per- 
secutions worthy  of  the  days  of  the 
triumvirate  followed.  While  the 
twenty-one  Serviles  were  rewarded 
with  honours  and  offices,  the  lead- 
ers of  the  patriots  were  banished, 
or  imprisoned.  Martin  Tovar,  one 
of  the  members  of  the  convention, 
from  Caraccas,  was  arrested  on 
his  return  to  his  family— and  with- 
out any  cause  assigned,  immediate- 
ly sent  into  exile. 

In  accordance  with  his  powers 
as  above  defined  of  supreme  chief, 
Bolivar  increased  the  standing 
army  to  40,000  men — restored  the 
convents,  and  annulled  the  law, 
fixing  upon  twenty-six,  as  the  lowest 
period  for  religious  profession,  and 
allowing  children  of  twelve  and 
fourteen  years  of  age  to  become 
monks  and  friars. 

These  acts  led  to  a  conspiracy 
on  the  part  of  some  of  the  friends 
of  the  constitution,  having  for  its 
objects  as  well  the  assassination 
of  Bolivar  as  the  overthrow  of 
his  power. 

On  the  1st  of  March,  General 
Padilla,  with  some  other  officers, 
rebelled  against  the  authorities 
appointed  by  the  general  govern- 


ment, at  Carthagena.  This  affair 
had  been  speedily  quelled,  and  Pa- 
dilla was  now  awaiting  the  pleasure 
of  the  supreme  chief,  in  the  prison 
of  Bogota.  The  garrison  of  this 
city  consisted  of  the  first  squadron 
of  the  horse  grenadiers,  the  batta- 
lion of  Vargas,  and  a  brigade  of 
artillery. 

This  brigade  was  bribed,  as  it  was 
said,  by  the  promise  of  six  months 
pay,  and  the  plunder  of  the  British 
houses,  if  they  succeeded.  In 
pursuance  of  their  plans  previously 
concerted,  a  part  of  the  brigade  was 
to  attack  the  palace,  another  the 
barracks,  where  were  posted  the 
troops  of  General  Vargas,  and 
another,  the  grenadiers.  Those 
intended  to  attack  Vargas,  were  to 
be  subdivided,  and  to  liberate 
General  Padilla.  They  commenc- 
ed  the  attack  by  storming  the  pa- 
lace. This  was  done  by  the  com- 
raanding  officer  Carrujo,  Horment, 
Florentine  Gonzales,  Lopez  and 
Veneslao  Zuilaivar,  who  led  the 
troops. 

Horment  himself  mortally  wound- 
ed  three  sentinels,  and  with  his 
comrades,  succeeded  in  penetrating 
into  the  cabinet  of  the  Libera- 
tor. 

Bolivar  made  his  escape  out  of 
a  back  window,  and  secreted  him- 
self under  a  bridge,  where  he  re- 
mained up  to  the  middle  in  water 
until  his  pursuers  had  passed. 
They  crossed  the  bridge  under 
which  he  was  concealed,  shouting 


504 


ANNUAL  REGISTER,  1827-8-9. 


"Muerte  el  tyranno  Bolivar." 
Hearing  the  cry  of  "  Viva  el  Libera- 
tador,"  in  the  square,  he  ran  there, 
and  found  it  occupied  by  his  friends. 
The  attack  on  the  barrack  of 
Vargas,  commenced  immediately 
on  hearing  of  that  on  the  palace, 
and  was  conducted  by  Colonel 
Silva.  A  piece  of  ordnance  was 
placed  against  the  gate.  The  as- 
sailants  were  however  repulsed,  with 
great  loss,  and  their  cannon  taken. 
Meanwhile  a  division  had  suc- 
ceeded in  obtaining  entrance  to 
the  prison  of  Padilla,  led  by  Cap- 
tain  E.  Briseno,  and  R.  Mendoza, 
by  leaping  the  wall  of  the  yard  ; 
and  having  reached  the  room  of 
the  General,  surprised  Colonel 
Bolivar  in  his  bed,  and  discharged 
a  pistol  into  his  breast. 

Colonel  Ferguson,  aid-de-camp 
of  Bolivar,  was  shot  in  the  attack 
on  the  palace,  by  Commandant 
Carrujo. 

The  regiment  of  Vargas,  head- 
ed by  General  Urdaneta,  minister 
of  war,  and  Lieutenant  Forrealoa, 
and  accompanied  by  Generals  Pa- 
ris, Cordova,  Velez  and  Orteja, 
having  repulsed  the  assailants  on 
the  barracks,  sallied  forth,  well 
supplied  with  ammunition,  and  took 
possession  of  the  principal  square 
of  the  city.  Here  effectual  mea- 
sures were  taken  to  defend  the 
city,  and  to  suppress  the  rebellion. 
A  solemn  high  mass  was  offered 
«p  by  the  archbishop,  the  next  day, 


in  thanksgiving,  and  several  thou- 
sands of  the  neighbouring  peasantry 
placed  under  arms. 

The  defeat  of  the  conspirators, 
"  who,  bent  upon  freeing  their  coun- 
try of  her  Caesar  in  the  Roman 
fashion,"  had  thus  conspired  against 
the  supreme  chief — was  the  signal 
for  still  more  vigorous  measures 
on  the  part  of  the  government. 

On  the  day  following  the  attack, 

the  following  decree  was  issued. 

Bogota,  Sept.  26th,  1828. 

"  Simon  Bolivar,  Liberator  Pre- 
sident of  the  Republic  of  Colombia, 
&c.  Considering, 

1st.  That  the  lenity  with  which 
the  government  has  wished  to  cha- 
racterize all  its  measures,  has  em- 
boldened wicked  men  to  undertake 
new  and  horrible  attempts  : 

2d.  That  even  last  night,  the 
troops  intrusted  with  the  preserva- 
tion of  order  and  government,  were 
attacked,  and  the  palace  of  the  go- 
vernment was  converted  into  a 
scene  of  bloodshed,  which  even 
threatened  the  life  of  the  chief  head 
of  the  republic : 

3d.  That  if  crime  is  not  timely 
checked,  and  examples  made  of  the 
evil  minded,  they  will  shortly  effect 
the  ruin  and  dissolution  of  the 
state : 

4th.  That  in  such  a  case  the 
government  would  be  rendered 
culpable  under  the  decree  of  the 
26th  August,  in  which  for  the  ad- 
vantage of  the  people,  I  restricted 


COLOMBIA. 


505 


the  authority  with  which  they  had 
voluntarily  invested  me.  There- 
fore, on  the  position  of  the  council 
of  state,  I  decree, 

1.  From  this  day  forward  I  will 
use  the  authority  which  the  national 
voice  has  confided  to  me,  with 
the  extension  which  circumstances 
shall  force  upon  me. 

2d.  The  same  circumstances 
shall  fix  the  term  of  the  extension 
of  the  authority. 

3d.  In  pursuance  of  which  the 
council  of  state  shall  advise  me  of 
the  measures,  which  in  its  opinion 
the  public  good  requires,  pointing 
out  their  greater  or  less  urgency. 

4th.  Every  minister  secretary 
of  state,  in  their  respective  depart, 
rnents,  is  charged  with  the  execu- 
tion of 'this  decree. 

SIMON  BOLIVAR. 

Columbia  was  therefore  subject 
to  the  uncontrolled  sway  of  one 
man — whose  power,  and  the  term 
of  whose  authority,  were  to  be  go- 
verned by  circumstances,  of  which 
he  himself  was  to  be  the  sole 
judge. 

The  struggle  by  wiiich  she 
threw  away  the  chains  imposed  by 
a  foreign  monarch,  had  resulted  in 
her  subjection  to  the  absolute  and 
despotic  sway  of  an  irresponsible 
domestic  dictator.  Her  laws  were 
but  emanations  of  his  will,  to  be 
enforced  or  abrogated  at  his  plea- 
sure ;  and  the  horrors  of  an  armed 
despotism  soon  commenced. 

VOL.  III. 


The  first  victims  were  the  actors 
in  the  late  desperate  attempt.  Hor- 
ment,  Zulaiva,  a  shop-keeper  of 
the  "Calle  Real,"  Lopez,  Silva  and 
Galindo,  were  shot.  General  Pa- 
dilla,  Colonel  Guerra,  Azuero,  a 
young  student  about  17  years  of 
age,  and  some  others,  with  a  few 
artillerists,  in  the  whole  fourteen, 
were  hung. 

Merizaldi,  Vallarino,  the  com- 
missary Guzman,  young  Gay  tan, 
Gomez  Plata,  and  Wilthern  and 
Marquez,  the  two  latter  aids  of 
General  Santander,  were  impeach- 
ed and  banished.  Florentine  Gon- 
zales,  who  had  been  a  political 
writer  in  the  "  Conductor,"  and 
was  particularly  obnoxious  to  the 
ruling  powers,  was  condemned  to 
ten  years  imprisonment  in  the  dun- 
geons of  Boca  Chica. 

But  another  victim  was  still 
wanting.  The  Ex-Vice-President 
Santander  had  hitherto  been  a 
stumbling  block  to  the  partizans  of 
monarchy  ;  and  on  the  dissolution 
of  the  old  constitution,  one  of  their 
first  measures  had  been  the  re- 
moval of  his  influence,  by  appoint- 
ing him  minister  to  the  United 
States.  An  opportunity  was  now 
offered  to  procure  his  destruction. 
It  was  seized  upon  with  avidity, 
and  Santander  was  imprisoned  on 
a  charge  of  being  at  the  head  of 
the  late  "  conspiracy." 

Imprisonment  was  but  the  pre- 
lude to  conviction.  The  council 
of  war,  (as  it  was  termed,)  com 

64 


506 


ANNUAL  REGISTER,  1827-8-u. 


posed  however  of  Urdaneta  alone, 
declared  his  guilt,  and  upon  this 
mock  trial  he  was  condemned  to 
die. 

But  it  was  not  the  policy  of  Bo- 
livar  to  push  matters  to  extremi- 
ties. He  knew  that  a  large  por- 
tion of  the  people  was  in  favour 
of  the  policy  pursued  by  Santander 
during  his  administration  ;  and  that 
they  were  not  fully  satisfied  with  the 
reasons  assigned,  for  the  conceal- 
ment of  the  evidence  against  the 
alleged  conspirators.  He  accord- 
ingly transmitted  his  sentence,  for 
revision  to  his  council  of  ministers. 

This  oeurt,  consisting  of  the 
creatures  of  Bolivar,  commuted  the 
sentence  of  death  to  degradation 
and  banishment  for  life,  which  de- 
cision received  the  instantaneous 
approval  of  Bolivar. 

The  reasons  assigned  by  the 
council  for  their  apparent  lenity, 
are  too  extraordinary  to  pass  un- 
noticed, 

EXTRACT. 

"  The  General  Francisco  de  P. 
Santander,  has  been  condemned  to 
death,  and  to  have  his  estates  con- 
fiscated, suffering  previously  degra- 
dation from  his  employment.  The 
sentence  which  condemns  him  is  just, 
and  was  regulated  by  the  decree 
of  the  20th  of  February  of  the  pre- 
sent year ;  since  abundant  proofs 
showed  that  he  had  an  inti- 
mate knowledge  of  a  maturely  me- 
ditated conspiracy;  that  he  appro- 
ved it:  that  he  gave  his  opinion  and 


counsel  respecting  it ;  and  that  h? 
always  desired  it  should  have  effect 
after  his  departure  from  the  re- 
public. 

"  The  crime  meditated,  and  at- 
tempted to  be  carried  into  execu- 
tion,  was  most  certainly  of  unut- 
terable atrocity  ;  but  not  having 
been  consummated,  nor  followed 
by  the  fatal  consequences  which  it 
might  have  produced,  the  shedding 
of  more  blood  could  not  now  be 
productive  of  any  salutary  effect, 
might,  perhaps,  excite  more  hor- 
ror at  the  punishment  than  at  the 
crime  itself.  In  such  a  case  the 
just  moderation  of  the  govern- 
ment, mercy,  the  lively  desire  of 
re-establishing  peace  and  confi- 
dence, and  many  other  reasons  not 
unknown  to  the  Liberator,  ought  to 
soften  the  rigour  of  justice,  and 
present  to  the  world  the  contrast 
of  the  clemency  of  a  highly  offend- 
ed government,  with  the  enormity 
of  the  crimes  of  its  offender* 

"  If  the  same  proof  of  co-operatiou 
in  the  conspiracy  of  the  night  of 
the  25th,  existed  against  General 
Santander,  as  existed  against  the 
defunct  ex-General  Padilla,  the 
council  would  not  hesitate  a  mo- 
ment in  advising  the  Liberator 
President  to  order  the  sentence  pro- 
nounced  by  the  district  court  mar- 
tial, on  the  7th  current,  to  be  car- 
ried  into  execution.  But,  as  such 
proofs  do  not  exist,  as  the  above 
circumstances  have  some  weight, 
and  as  General  Santander  has 


COLOMBIA, 


507 


proved  that  he  prevented  the  as- 
sassinationofthe  Liberator,  which 
was  intended  to  have  been  effect, 
ed  in  the  town  of  Suaiha,  on  the 
21st  of  September ;  and  as  it  has 
been  clearly  made  to  appear  that 
such  assassination  was  actually 
contemplated,  and  did  not  take 
place  on  that  day ;  the  council  are 
of  opinion  that  the  government 
would  do  better  to  commute  the 
punishment  of  death  into  depriva- 
tion of  office,  and  banishment  from 
the  dominions  of  the  republic,  pro- 
hibiting  him  ever  again  to  put  his 
foot  upon  his  native  soil,  without 
the  special  permission  of  the  su- 
preme government — with  a  provi- 
sion, that  in  case  he  should  at  any 
time  contrary  to  the  above  pro- 
hibition, judgment  of  death  shall 
be  inflicted  upon  him  by  any  judge 
or  military  chief  in  whose  district 
he  may  be  apprehended  ;  and  that 
his  estates  shall  be  held  in  trust  by 
the  government,  without  his  having 
the  power  to  sell,  mortgage,  or  in 
any  way  encumber  them,  in  order 
that  they  may  serve  as  a  security 
for  his  not  violaing  the  aforesaid 
prohibition,  and  that  they  may  be 
also  confiscated,  in  case  he  should 
do  so;  and  also,  that  in  the 
mean  time,  the  criminal  may  live 
with  the  products  of  the  said  es- 
tates. 

"  JOSE  MARIO  CASTILLO. 

"  ESTANISLAO  VERGARA. 

"  NICOLAS  M.  TANCO. 

"  JOSE  M.  CORDOVA." 


Every  thing  which  could  serve 
to  blacken  the  character  of  San- 
tander,  was  made  public ;  but  no 
specific  evidence  of  guilt  was  ad- 
duced. 

The  council  of  revision  pro- 
nounced his  sentence  just :  they  de- 
clared that  abundant  proofs  have 
shown  that  he  had  a  knowledge  of 
a  conspiracy ;  that  he  approved  it ; 
that  he  gave  his  counsel  and  opinion 
concerning  it ;  and  that  he  always 
desired  it  should  have  effect  after 
his  departure  from  the  republic : 
but  they  did  not  lay  before  the 
world  the  evidence,  upon  which  this 
opinion  was  formed. 

We  will  endeavour,  from  sources 
which  we  know  to  be  authentic,  to 
furnish  the  evidence  upon  which  an 
illustrious  individual,  who  had  faith- 
fully served  his  country  for  nine- 
teen years,  was  stigmatized  as  a 
traitor  to  her  institutions,  and  an 
enemy  to  her  liberties.  The  infal- 
lible tribunal  of  public  opinion  will 
judge  between  the  accused  and  his 
accusers :  and  whatever  may  be 
the  result  of  Bolivar's  movements, 
whether  they  shall  terminate  in  his 
country's  freedom,  or  in  her  sub- 
jection to  his  sway ;  the  banishment 
and  persecution  of  Santander  will 
descend  as  a  blot  upon  the  es- 
cutcheon  of  his  fame,  to  posterity. 

The  very  fact,  that  Santander 
was  not  permitted  to  enter  into  his 
defence,  under  a  charge  involving 
his  life  itself, — that  he  was  de- 
barred  of  that  imprescriptible  right 


508 


which  belongs  to  every  man, 
stamps  upon  the  whole  proceeding, 
the  reproach  of  inquisitorial  tyran- 
ny.  But  when  in  addition  to  this, 
we  look  at  the  nature  of  the  evi- 
dence, it  is  impossible  to  refrain 
from  strong  doubts  of  the  illegality 
cf  his  condemnation. 

The  prosecution  against  the  Vice 
President  was  founded  on  a  suspi- 
cion of  his  being  a  participator  in 
the  conspiracy  of  the  25th  Septem. 
her :  and  his  condemnation  was  the 
result  of  some  proof,  that  he  was 
the  promoter,  director,  executor, 
or  at  least  an  auxiliary  of  this  affair. 

The  first  proof  was  a  denial,  on 
the  part  of  Santander  himself,  of 
any  knowledge  of  the  conspiracy, 
in  a  written  communication  to  the 
council  of  war. 

The  next  consisted  of  declara- 
tions of  some  of  the  principal  con- 
spirators. 

These  declarations,  even  admit- 
ting  them  to  have  charged  upon 
Santander  an  actual  participation 
in  the  plot,  without  any  corrobora- 
tive evidence,  were  entitled  to  no 
more  weight  than  his  own  denial ; 
but  these  very  declarations  fur- 
nished strong  evidence  of  his  in- 
nocence. 

In  his  communication,  Santander 
admitted  that  he  had  reason  to  fear 
a  revolution,  and  states  his  grounds 
for  that  belief ;  but  insisted  it  did 
not  therefore  follow,  that  he  knew 
-of  a  conspiracy. 

Silva,     Lopez,    Briseno,    and 


Mendosa,  asserted  that  they  had 
heard,  from  Gonzales,  Carrujo,  and 
Ouerra,  that  Santander  had  an  in- 
timate knowledge  of  the  affair; 
that  he  directed  the  plan,  and  was 
the  principal  individual  concerned. 

Here  hearsay  evidence  is  refer- 
red  to,  but  the  individuals  referred 
to,  as  the  authors  of  this  piece  of 
evidence,  declared  the  whole  to  be 
a  fabrication  of  the  conspirators. 

Again,  Silva  said  that  he  sus. 
pected  Santander,  because  he  was 
a  friend  of  the  constitution.  Lopez 
said  that  he  did  not  know,  that  he 
had  any  part  in  the  conspiracy,  but 
that  he  thought  him,  the  most  pro- 
per person  to  take  charge  of  the 
government  in  case  of  success. 
Briseno  declared  that  he  suspected 
him,  because  he  had  always  been 
the  chief  of  the  constitutional  party ; 
and  because  Guerra  had  assured 
him,  that  Santander  had  a  know, 
ledge  of  the  affair,  although  his 
opinion  was,  that  it  was  premature. 

We  find  nothing  in  these  proofs 
of  an  intimate  knowledge,  but  on 
the  contrary,  assertions  without 
proofs,  vague  conjectures  and  be- 
liefs, either  without  foundation  or 
founded  in  circumstances  wholly 
unconnected  with  the  accused. 
Besides,  Briseno  referred  to  GKier- 
ra ;  and  Guerra  declared  that  in 
a  general  conversation  with  San- 
tander  on  the  state  of  affairs,  he 
(Santander)  strenuously  remon- 
strated against  a  revolution. 

Lastly,    Mendosa    referred   to 


COLOMBIA. 


509 


Carrujo,  and  Carrujo  accused  as 
well  Paez  as  Santander,  and  at  the 
same  time  declared  that  Santander 
was  opposed  to  the  plot,  and  said 
that  he  would  resist  any  attempts 
of  the  kind,  so  long  as  he  should 
remain  in  Colombia. 

Briseno  also  declared,  that  when 
it  was  proposed,  in  the  meeting  of 
the  25th  of  September,  to  inform 
Santander  of  what  was  intended  to 
be  done,  he  opposed  it,  because  he 
was  afraid  that  Santander  would 
hinder  its  execution. 

Surely  if  he  suspected  Santan- 
der to  be  friendly  to  the  plot,  and 
acquainted  with  it,  he  need  not 
have  feared  his  opposition  ;  and  if 
he  had  this  fear,  it  was  without 
doubt  because  he  did  not  consider 
Santander  an  accomplice. 

The  third  ground  relied  on  by 
the  council  of  war  in  their  decision, 
was  that  Guerra,  on  being  con- 
fronted  with  Santander,  maintained 
that  he  had  spoken  to  him  of  the 
conspiracy.  It  is  true  that  Guerra 
did  insist,  in  the  presence  of  San- 
tander,  "  that  he  had  conversed 
with  him  on  the  subject  of  a  con- 
spiracy,  and  had  told  him  that  he 
thought  it  would  be  easy  ;"  but  at 
the  same  time,  he  said  that  San- 
tander opposed  his  revolutionary 
ideas,  and  attempted  to  reason  him 
out  of  them  by  means  of  fair  and 
legitimate  arguments. 

The  fourth  ground  was  the  evi- 
dence of  Carrujo,  who  stated,  in 


the  presence  of  Santander,  that  be- 
ing  desirous  of  satisfying  himself  as 
to  whether  the  Vice-President  was 
or  was  not  opposed  to  the  con. 
spiracy,  he  went  to  Santander's 
house  in  the  evening,  and  finding, 
in  the  course  of  the  conversation, 
that  he  really  was  opposed  to  any 
attempt,  he  suggested,  with  a  view 
of  preventing  his  opposition,  that 
in  case  of  an  attempt  of  the  kind, 
"  they  would  probably  go  so  far  as 
to  assassinate  the  Liberator ; "  which 
conversation,  vague  as  it  was  in  its 
nature,  and  hypothetical  in  its  con- 
clusions ;  was  converted  by  the  mi- 
nister of  war,  into  an  actual  parti- 
cipation in  the  conspiracy. 

The  fifth  ground  was  totally  un- 
connected with  the  subject  matter 
of  the  trial,  and  related  to  a  con- 
versation with  the  writer,  Gonzales, 
on  the  subject  of  re-establishing 
the  constitution  of  1821.  Here, 
however,  the  evidence  failed  en- 
tirely in  criminating  the  accused/; 
but  on  the  contrary,  exhibited  his 
character  and  conduct  in  pure  co- 
lours. Gonzales  said,  "  that  so 
far  from  entering  into  his  design, 
he,  Santander,  opposed  it  as  unsea- 
sonable, and  prejudicial  to  the 
country  ;  that  he  protested  that  in 
no  event  would  he  take  the  direc- 
tion  of  affairs  ;  as  he  was  determi- 
ned  to  leave  Colombia  forthwith. 
Besides,  without  knowing  the  pub- 
lic opinion  on  the  subject,  he  should 
not  entertain  an  idea  of  the  kind  : 


510 


ANNUAL  REGISTER,  1827-8-'j. 


that  the  new  code  had  not  been  fair- 
ly  tested  ;  and  at  all  events,  that 
the  proper  and  legitimate  method 
of  testing  its  sufficiency,  was  by 
the  formation  of  societies  in  the 
different  departments  and  provin- 
ces." 

These  are  all  the  grounds  upon 
which  the  decision  of  the  district 
court  martial  rests;  and  it  may  be  ob- 
served, that  they  are  all  wanting  in 
that  weight  of  evidence,  which  strict 
justice  and  positive  law  requires  in 
cases  of  criminal  accusation.  And 
yet  upon  such  proofs,  was  Santan- 
der  condemned  to  degradation  and 
death.  The  sentence  itself  bears 
injustice  upon  its  face. 

In  the  first  place,  it  was  admitted 
that  Santander  opposed  himself  to 
the  execution  of  the  proposed  con- 
spiracy during  his  stay  in  Colombia ; 
but  these  words  are  considered  as  in- 
dicating a  wish  on  his  part,  for  its 
consummation  after  his  departure. 

Secondly. — The  court  declared 
him  guilty  of  high  treason,  for  not 
having  hindered  the  conspiracy, 
and  denounced  the  conspirators, 
in  the  face  of  their  admission,  that 
he  had  opposed  himself  to  it,  during 
his  stay  in  Colombia  ;  and  that,  too, 
without  a  particle  of  proof  of  any 
knowledge  on  his  part  of  the  con- 
spiracy of  the  25th  of  September. 
It  is  true  that  Santander  had  ad- 
mitted that  he  apprehended  an 
overthrow  of  the  government ;  and 
no  observer  of  the  actual  state  of 
Bogota  at  that  time,  could  have 


shut  his  eyes  to  the  fact,  that 
fection  prevailed  throughout  the 
city,  and  that  sooner  or  later,  the 
volcano  would  burst  forth. 

Thirdly. — The  commanding  ge- 
neral charged  him  with  being  an 
adviser  in  a  plot,  although  not  an 
actual  participator  in  the  conspira- 
cy of  the  25th  September.  This 
charge  rested  for  its  support  on  that 
part  of  the  testimony  of  Gonzales, 
relating  to  the  establishment  of  so- 
cieties in  the  different  departments, 
which  it  is  alleged  were  intended 
to  gain  proselytes,  and  to  secure 
the  influence  of  prominent  officers 
in  various  parts  of  the  republic. — 
And  here  again,  in  speaking  of 
these  societies,  Gonzales  expressly 
declared,  that  their  sole  object  was 
to  observe  public  opinion.  Such 
are  the  premises,  and  the  sole  pre- 
mises, from  which  the  participation 
of  Santander,  in  the  conspiracy  of 
the  25th  September  was  deduced, 
and  which  condemned  him,  un- 
heard, to  suffer  the  last  punishment 
known  to  the  laws,  and  at  the  same 
time  branded  him  with  the  ignomi- 
nious name  of  a  traitor. 

Although  it  is  manifest  from  these 
circumstances,  that  Santander  was 
aware  of  the  dissatisfaction  exist- 
ing among  his  compatriots  at  the 
arbitrary  proceedings  of  Bolivar ; 
and  probably  had  been  consulted 
by  them  as  to  the  expediency  of 
resisting  by  force,  the  designs  that 
force  was  employed  to  effect — yet 
it  is  clear  that  he  disapproved  of 


COLOMBIA. 


511 


the  conspiracy,  and  was  desirous 
of  saving  the  republic  by  constitu- 
tional means.  The  evidence  pro- 
duced was  strong  enough  to  war- 
rant his  condemnation  in  an  arbi- 
trary government)  but  altogether 
insufficient  in  one  of  laws,  and 
professing  to  be  founded  on  the 
principles  of  civil  freedom. 

As  we  have  before  stated,  the 
sentence  was  commuted  into  de- 
gradation and  banishment,  and 
Santander  was  sent  under  a  strong 
escort  to  Carthagena.  Meanwhile 
an  insurrection,  headed  by  Colonel 
Obando,  broke  out  in  Popayan, 
having  for  its  object  the  restoration 
of  the  constitution. 

Orders  were  immediately  des- 
patched to  Carthagena,  revoking 
the  permission  of  departure  given 
to  Santander;  who  was  arrested  two 
days  prior  to  his  intended  em- 
barkation by  General  Montilla,  and 
committed  to  the  dungeons  of  Boca 
Chica.  The  insurrection  of  Obando 
was  speedily  compromised,  and 
Obando  placed  at  the  head  of  the 
department  as  commanding  gene- 
ral. Santander,  however,  still  re- 
mained  in  the  baneful  dungeons  of 
Boca  Chica,  deprived  of  the  com- 
forts of  life,  for  no  reason  except 
that  Bolivar  deemed  his  person,  a 
hostage  sufficient  to  restrain  the 
friends  of  the  constitution. 

After  a  rigorous  confinement  of 
about  ten  months,  he  was  sent  a 
prisoner  in  the  frigate  Colombia  to 
Puerto  Cabello.  Here  he  embark- 


ed for  Europe,  in  a  ibrtunate  time 
for  himself,  as  orders  arrived  two 
days  after  his  departure,  for  his 
further  detention.  So  great  was 
the  fear  of  Santander's  influence, 
that  after  the  publication  of  the  de- 
cision of  the  council  of  revision, 
fresh  instructions  Were  given,  pro- 
hibiting  his  residence  even  in  the 
United  States,  and  requiring  him, 
under  the  penalty  of  the  forfeiture 
of  his  property,  to  refrain  from 
writing  on  political  subjects. 

On  the  24th  of  December,  Boli- 
var issued  a  decree,  convoking  the 
constituent  congress  at  Bogota  on 
the  3d  of  January,  1830.  The  de- 
cree consisted  of  three  chapters 
and  forty-eight  articles,  an  abstract 
of  which  follows. 

In  a  preliminary  decree  of  the 
same  date  the  functions  and  powers, 
of  the  deputies  composing  the  con- 
gress, are  limited  exclusively  to 
the  formation  of  a  constitution  con. 
formable  to  the  spirit  of  the  age,  as 
well  as  the  necessities  and  habits 
of  the  people,  and  to  the  election 
of  those  high  functionaries,  which 
may  be  absolutely  necessary  for 
its  establishment. 

PRIMARY  ELECTIONS. 

The  first  chapter  defines  the 
prerogatives  of  voters  in  primary 
assemblies.  They  must  be  Co- 
lombians, must  be  married  men  or 
over  twenty-five  years  of  age,  must 
be  inhabitants  or  employed  in  the 
public  service,  must  have  an  an- 
nual income  of  $180  arising  from 


ANNUAL  REGISTER,  1627-6-9. 


property,  science  or  industry,  &c. 
The  elections  must  be  conducted 
by  one  of  the  judges  when  there 
are  any,  and  when  there  are  not, 
by  other  persons  specified  in  the 
decree  ;  must  be  held  in  a  public 
place,  without  the  presence  of  any 
species  of  arms,  or  any  thing  to 
deter  the  citizens  from  a  virtuous 
exercise  of  the  elective  franchise. 
Every  canton,  whatever  may  be  its 
population,  is  entitled  to  one  elec- 
tor. No  province  can  have  less 
than  ten  electors.  Each  elector 
must  have  an  annnal  income  of 
$360.  The  votes  immediately  af- 
ter the  election  in  any  place,  are  to 
be  sent  in  a  sealed  envelope  to  a 
jnnta,  consisting  of  the  political 
judge  of  the  canton  or  circuit,  and 
four  inhabitants,  having  the  quali- 
fications of  electors,  who  shall  open 
and  count  them  at  a  public  sitting, 
and  declare  the  result  according  to 
the  majority  of  votes.  The  prima- 
ry elections  are  to  be  held  on  the 
20th  of  May. 

Duties  of  Electors. — On  the  1st 
of  July,  the  electors  are  to  meet  in 
the  capitals  of  their  respective  pro- 
vinces, the  Governor  presiding,  and 
after  taking  a  solemn  oath,  faithful- 
ly to  fulfil  the  duties  of  their  office, 
will  proceed  to  vote  for  deputies  to 
the  constituent  congress,  in  the  ra- 
tio of  one  to  every  forty  thousand 
souls ;  and  if  there  remains  a  ba- 
lance of  more  than  twenty  thou- 
sand, another  deputy  will  be  cho- 
sen. These  elections  are  to  be 


tested  in  a  public  place  where  the 
citizens  can  have  free  access,  with- 
out the  presence  of  any  species  of 
arms.  Every  deputy  must  be  a 
Colombian,  in  the  actual  exercise 
of  his  rights  as  such  ;  must  be  an 
inhabitant,  and  not  have  been  ab- 
sent from  the  territory  of  Colombia 
for  three  years  immediately  prece- 
ding the  election,  except  in  the  ser- 
vice of  the  republic.  He  must 
have  an  income  of  $500,  and  be 
not  less  than  thirty  years  of  age. 
The  constituent  congress,  what- 
ever number  of  deputies  may  be  in 
the  capital,  (Bogota,)  on  the  2d 
January,  1830,  shall  appoint  a  di- 
rector, and  shall  have  full  power  to 
compel  the  attendance  of  absent 
members,  under  a  penalty  of  $500 
to  $3,000  ;  and  all  the  authority  of 
the  republic,  whether  civil  or  mili- 
tary, which  may  be  necessary  to 
enforce  the  requisition,  or  to  exe- 
cute any  similar  order,  shall  render 
the  most  exact  compliance,  under 
an  equal  penalty. 

ARTICLE  44th. — The  congress 
shall  be  solemnly  installed  before 
Bolivar  and  the  President  of  the 
council  of  ministers,  with  the  requi- 
site assistance  of  the  ministers  of 
the  interior,  immediately  after  two 
thirds  of  the  whole  number  of  de- 
puties  from  all  the  provinces  shall 
have  convened.  Before  the  in- 
stallation, the  deputies  will  meet  in 
the  Governor's  palace,  and  after 
attending  a  solemn  mass,  proceed 
to  the  hall  appointed  for  holding  the 


COLOMBIA. 


51! 


sessions.  They  will  then  take  an 
oath  administered  by  the  presiding 
officer  pro  tempore,  faithfully  and 
well  to  fulfil  the  duties  of  their  sta- 
tion, and  proceed  to  elect  a  Presi- 
dent, Vice-President,  and  Secretary, 
or  Secretaries  of  congress.  These 
acts  being  concluded  under  the  su- 
perintendence of  Bolivar,  or  of  that 
of  the  President  of  the  council,  he 
will  declare  the  congress  legally  in- 
stalled. The  President,  Vice-Presi- 
dents,  and  Secretaries,  will  conti- 
nue in  office  during  the  time  which 
may  be  agreed  on  by  congress. 

ARTICLE  46th. — The  members 
of  the  constituent  congress  shall 
enjoy  immunity  both  of  person  and 
property,  during  the  sessions,  going 
to,  and  returning  from  their  houses 
at  pleasure,  except  in  cases  of  trea- 
son, or  other  grave  offence  against 
social  order ;  nor  shall  they  be  call- 
ed to  account  for  the  language  and 
opinions  they  may  utter  in  congress, 
before  any  authority,  or  at  any 
time. 

Nothing  of  material  importance 
occurred  during  the  subsequent  pe- 
riod embraced  within  our  history. 
General  Cordova,  the  favourite  of 
Bolivar,  raised  the  standard  of  re- 
volt in  Antiqua,  but  was  defeated 
by  O'Leary,  and  mortally  wounded, 
not  without  suspicion  that  his 
wounds  were  not  received  in  battle. 
The  treatment  of  General  Harri- 
son,  our  minister  to  Colombia,  af- 
ter the  appointment  of  his  succes- 
sor, Mr.  Moore,  will  fall  more  par- 

VOT,.  ITT. 


ticularly  within  the  limits  of  our 
next  volume,  as  will  also  the  recent 
separation  of  Venezuela  from  the 
Colombian  federation. 

Bolivar  continued,  during  the  re- 
mainder of  the  year,  occupied  in 
the  duties  prescribed  to  himself,  as 
the  Supreme  Chief,  and  the  people 
quietly  submitted.  The  great  evil 
in  Colombia,  is  the  immense  stand- 
ing army  she  possesses,  and  the 
great  number  of  officers ;  the 
former  consisting  of  40,000  men, 
the  latter  of  70  Generals,  and  be- 
tween  300  and  400  Colonels : — her 
whole  population,  being  less  than 
three  millions.  With  the  continu- 
ance of  this  evil,  we  can  hardly  ex- 
pect a  settlement  of  affairs  during 
the  present  generation. 

The  character  and  ultimate 
views  of  Bolivar,  are  still  enveloped 
in  mystery ;  although  the  indica- 
tions of  his  intention  to  subvert  the 
liberties  of  his  country  have  been 
multiplied,  within  the  period  of 
which  we  are  treating.  His  con- 
duct in  the  crisis  of  the  constitu- 
tion, and  during  the  disturbances 
which  followed  its  subversion,  was 
not  characterized  by  that  disinter- 
estedness and  nobleness  of  senti- 
ment, which  we  were  taught  to  be- 
lieve were  the  attributes  of  his  na- 
ture, and  which  had  so  long  assi- 
milated his  name  in  this  portion  of 
the  western  hemisphere,  with  the 
"father  of  his  country."  When 
we  reflect  upon  the  character  and 
previous  conduct  of  those  condemn- 


ANNUAL  REGISTER,  18-21 -8-9. 


ed  for  participation  in  the  conspi- 
racy,  we  can  hardly  doubt,  that  if 
concerned  in  any  plot,  it  was  a  plot 
of  high  and  elevated  aims. 

The  list  of  the  proscribed  in- 
eludes  the  most  distinguished  in  the 
annals  of  Colombian  history.  Go- 
rnez,  who  with  a  handful  of  labour- 
erg  and  fishermen,  destroyed,  in 
the  island  of  Marguerjta,  the 
dreaded  Morillo,  groans  in  a  prison ; 
Padilla,  whose  achievements  at  Ma- 
raeaibo  paved  the  way  for  Co- 
lombian independence,  died  on 
a  scaffold ;  Tovar,  who  in  1810, 
overthrew  the  Spanish  government, 
in  the  capital  of  Caraccas,  and 
led  the  van  in  the  struggle  for  liber- 
ty, was  banished  unheard ;  and  San- 
tander,  who  had  fought  side  by  side 
with  Bolivar,  who  for  eight  years  had 
exercised  the  executive  functions 
of  government,  wanders  an  exile 
en  the  shores  of  Europe,  condemn- 
ed not  to  set  foot  even  upon  the 
continent  of  America. 

One  man  alone  has  effected  this 
— and  we  are  asked  to  believe,  that 
he  alone  is  disinterested  and  patrio- 
tic, and  that  the  hundreds  of  pro- 
scribed, are  disorganizers  and  trai- 
tors. Again  and  again,  has  he  laid 
down  his  absolute  authority,  and 
again  and  again,  say  his  friends, 
have  these  dangerous  honours  been 
forced  upon  him.  With  an  army 
of  40,000  soldiers  at  his  beck,  go- 
verned by  an  obedience  so  implicit 
as  would  induce  them,  at  the  com- 
mand of  the  supreme  chief,  to  sa- 


crifice their  victorious  commander* 
even  on  the  field  of  his  fame — we 
can  easily  imagine  the  natureof  the 
force,  which  impels  him  to  assume 
the  supreme  authority — and  when 
we  are  told  of  his  unwillingness  to. 
remain  in  authority,  and  of  his  wish 
to  retire,  we  must,  from  the  ex- 
perience of  past  events,  doubt,  as 
to  the  sincerity  of  his  professions, 
and  the  purity  of  his  motives. 

The  opinion  thus  formed,  has  been 
adopted  unwillingly,  and  we  are 
yet  willing  to  hope  for  a  better  ter- 
mination to  his  career,  than  present 
prospects  indicate  will  be  the  re- 
sult. Nor  do  we  deem  it  strange, 
that  others  should  still  entertain 
confidence  in  his  sincerity  ;  and  if 
we  are  mistaken  in  our  estimate  of 
his  motives,  it  will  be  to  us  a  grate- 
ful disappointment. 

Reviewing  his  former  resigna. 
tions  of  the  dictatorial  powers,  we 
find  in  them  sufficient  indications 
of  political  artifice,  to  induce  us  to 
doubt  his  sincerity  in  calling  the 
constituent,  congress  of  Bogota. 
A  constant  desire  has  been  evinced 
on  his  part  to  command,  but  to  com- 
mand  as  if  compelled  to  do  so  by 
the  wishes  of  a  compliant  people — 
to  feign  not  to  wish  to  command,  but 
always  to  command  as  a  dictator. 
His  first  resignation  was  at  An- 
gostura, in  1819 — transmitted  to 
the  second  congress  of  Venezuela, 
then  assembled  at  that  place,  in  the 
following  language.  "  In  trans- 
mitting to  the  representatives  of  the 


COLOMBIA 


"***•*' 
OlO 


people  the  supreme  power  which 
they  have  confided  to  me,  I  fulfil 
the  wishes  of  my  own  heart,  the 
desires  of  my  fellow  citizens,  and 
the  expectations  of  posterity,  who 
trust  implicitly  in  your  wisdom, 
rectitude  and  prudence.  In  fulfil  - 
ing  this  sacred  duty ;  I  feel  myself 
relieved  from  that  immense  autho- 
rity, and  from  that  boundless  re- 
sponsibility, which  hitherto  oppress- 
ed me.  Inexorable  necessity,  uni- 
ted with  the  imperious  will  of  the 
people,  only  should  have  subjected 
me  to  the  terrible  and  dangerous 
charge  of  SUPREME  CHIEF  OP  THE 
REPUBLIC,  but  I  already  breathe 
again,  in  returning  you  this  autho- 
rity >  which,  with  so  much  difficulty, 
and  at  so  great  a  risk,  I  have  en- 
deavoured to  maintain  in  the  midst 
of  the  most  horrible  troubles  that 
can  afflict  a  social  body." 

Immediately  following  this  an- 
nunciation, he  was  invested  by  con- 
gress,  with  extraordinary  powers 
to  continue  the  war,  which  he 
felt  himself  compelled  to  accept. 
When,  however,  in  1821,  the  con- 
stituent congress  assembled  at 
Cucuta,  he  found  himself  again 
under  the  necessity  of  resigning, 
with  a  view  to  obtain  more  ge- 
neral powers. 

"  Appointed  by  the  congress  of 
Venezuela,"  says  he,  "  interior  pre- 
sident of  the  state,  and  your  repre- 
sentation being  that  of  Colombia, 
I  am  not  the  president  of  this  re- 
public, because  I  have  not  been 
appointed  such  by  you,  and  because 


I  have  not  the  talents,  which  it  de- 
mands to  insure  its  glory  and  suc- 
cess. Besides,  my  office  of  a  sol- 
dier is  incompatible  with  that  of 
chief  magistrate,  and  I  am  wearied 
with  hearing  rriyself  called  tyrant 
by  my  enemies. 

"Deign,  Sir,  to  receive  with  your 
accustomed  kindness  my  most 
reverent  homage,  the  profession 
which  I  make  to  you  of  my  most 
cordial  fidelity,  and  the  most  so- 
lemn pledge  that  I  can  give  you 
of  my  implicit  allegiance. 

"  But  if  the  sovereign  congress 
persists,  as  I  fear  it  will,  in  con- 
tinuing in  me  the  Presidency  of  the 
state,  I  renounce  from  this  time, 
for  ever,  the  glorious  title  of  a  citi- 
zen of  Colombia,  and  will  abandon 
the  shores  of  my  native  land." 

The  congress  confirmed  his 
powers,  and  he  found  himself  com- 
pelled to  accept,  pledging  himself, 
however,  to  lay  down  the  command 
at  the  termination  of  the  war. 

Triumphant  at  Bombona  and 
Pinchinca,  he  addressed  a  procla- 
mation to  the  Colombians,  announ- 
cing the  termination  of  the  war,  but 
not  his  resignation.  An  opportu- 
nity  how  offered  itself  to  his  ambi- 
tion, to  gather  fresh  laurels  in  the 
field,  and  to  augment  his  power. 
He  accepted,  with  the  approbation 
of  congress,  an  invitation  from 
Peru,  and  immediately  marched  to 
the  assistance  of  the  land  of  the 
Incas.  He  made  his  public  en-> 
trance  into  Lima  on  the  first  of 
September,  1922,  and  was  inline- 


516 


AiVM'AJL  REGISTER,  i&2?-8-J». 


diately  invested  with  the  authority 
of  dictator,  which  he  thus  announ- 
ces  to  the  Peruvians,  on  the  1 1th 
March,  1824 : 

"The  misfortunes  of  the  army 
and  the  conflict  of  parties,  have 
reduced  Peru  to  the  lamentable 
condition  of  resorting  to  the  tyran- 
nical power  of  a  dictator  to  save 
herself.  The  constituent  congress 
has  confided  to  me  this  odious  au- 
thority, which  I  could  not  reject 
without  being  guilty  of  treason 
towards  Colombia  and  Peru,  so  in- 
timately  connected  by  the  bands 
of  justice,  of  liberty,  and  national 
interest.  I  came  reluctantly  to  Peru, 
and  I  would  almost  prefer  your  de- 
struction itself,  to  the  alarming  title 
of  Dictator." 

The  war  terminated  with  the  vic- 
tories of  Hunin  and  Ayacucho. 
The  Spanish  power  was  extinct  in 
South  America,  and  the  friends 
and  admirers  of  the  brilliant  career 
of  Bolivar  looked  forward  confi- 
dently to  a  realization  of  his  pro- 
mises, and  his  retirement  to  private 
life.  On  the  22d  of  December, 
1824,  he  transmitted  to  the  senate 
of  Colombia,  his  renunciation  of 
the  presidency  for  the  third  time. 

"  All  the  world  perceives,"  says 
he,  "that  my  residence  in  Colom- 
bia is  not  necessary ;  and  no  per- 
son is  more  aware  of  it  than  my- 
self.  I  will  remark,  for  once,  that 
I  wish  Europe  and  America  to  un- 
derstand THE  HORROR  I  feel  at  su- 
preme power,  under  whatever  as- 


pect or  name  it  may  be  conierred." 
On  the  10th  of  February,  1825,  the 
congress  of  Lower  Peru  assem- 
bled, and  for  the  fourth  time  he 
renounces,  in  the  following  strain : 

"  Legislators !  In  restoring  to  the 
congress  the  supreme  power  that 
it  deposited  in  my  hands,  I  felicitate 
the  country  on  being  delivered 
from  what  is  most  dreadful  on 
earth ;  from  war  by  the  victory  of 
Ayacucho,  and  from  my  despotism 
by  my  resignation.  Proscribe  for 
ever,  I  beseech  you,  this  tremen- 
dous  power,  which  was  the  sepul- 
chre of  Roman  greatness." 

Congress,  notwithstanding,  in- 
vested him  with  the  dictatorship 
for  another  year,  which  at  its  press, 
ing  solicitation  he  consented  to 
accept. 

In  the  month  of  August,  1825,  a 
convention  assembled  at  Chuqui- 
saca,  in  Upper  Peru,  and  declared 
that  Upper  Peru  should  become  a 
separate  republic,  and  in  honour  of 
the  Liberator,  should  be  named  Bo- 
livia. They  also  conferred  the  su- 
preme power  upon  Bolivar,  and 
solicited  him  to  prepare  for  them  a 
constitution  indicative  of  his  own 
political  principles. 

It  was  on  this  occasion  that, 
charmed  with  the  idea  of  descend- 
ing to  posterity  with  the  character 
of  a  Lycurgus  or  a  Solon,  he 
formed  that  famous  code — "  that  ar- 
ticle of  his  political  faith" — which 
by  exposing  his  own  sentiments, 
opened  the  eyes  of  the  friends  of 


COLOMBIA. 


017 


freedom,  to  his  real  character  and 
objects,  and  paved  the  way  for  the 
overthrow  of  his  power  in  Peru  and 
Bolivia.  We  need  instance  no 
more  odious  feature  of  this  child  of 
his  fancy,  than  that  which  relates 
to  the  appointment  of  the  Execu- 
tive. Chosen  in  the  first  instance 
by  the  legislature,  holding  his 
office  for  life,  irresponsible,  and 
possessing  the  power  of  nominating 
his  successor.  It  matters  not  whe- 
ther the  title  conferred  upon  this 
irresponsible  individual  be  that  of 
President  or  King.  The  race  of 
legitimates  of  Europe,  "  by  divine 
right,"  can  be  traced  back  to  the 
election,  in  the  primitive  formation 
of  nations,  of  the  wisest  or  the 
strongest,  to  whom  was  committed 
the  protection  of  the  community. 
History  teaches  us,  that  since  the 
theocratic  establishments  of  the 
children  of  Israel,  in  the  infancy 
of  every  community,  the  first 
leader  has  been  elective ;  and  the 
principles  of  monarchy  may  be  as 
well  sustained  by  an  irresponsible 
president  possessed  of  powers  to 
nominate  for  every  office  in  the 
state,  as  by  an  hereditary  king,  with 
the  like  powers,  to  create  his  no- 
bility. 

Upon  the  acceptance  of  his  poli- 
tical code,  Bolivar  transmitted  his 
fifth  resignation. 

But  the  powers  so  long  possessed, 
had  now  assumed  for  him  a  charm, 
and  he  longed  for  some  substantial 


confirmation  of  his  title.  Previous 
to  leaving  Lima  for  Bolivia,  he  had 
convoked  the  constituent  congress 
of  Lower  Peru,  for  the  ensuing 
year. 

In  our  last  volume  will  be  found 
a  detailed  account  of  the  meeting 
of  this  congress,  with  the  causes 
which  led  to  its  dissolution,  and  the 
continuance  of  Bolivar  as  dictator 
for  another  year.  We  will  briefly 
recapitulate.  Previous  to  the  day 
of  assembling,  a  number  of  the  de- 
puties arrived  at  Lima. 

From  the  opinion  expressed  by 
some  of  the  deputies,  upon  the  con- 
duct of  Bolivar,  indications  existed, 
that  a  majority  of  the  congress 
would  oppose  themselves  to  his  con- 
templated  design  of  imposing  upon 
Lower  Peru  the  code  of  Bolivia. 
He  therefore  required  the  deputies 
to  submit  their  qualifications  to  the 
supreme  court  for  examination. — 
Seventy  deputies  had  assembled,  of 
whom  eighteen  having  received 
full  authority  to  deliberate  upon 
public  affairs,  when  they  were  con- 
voked for  special  purposes  only, 
were  declared  disqualified  and  re- 
jected. 

The  remainder  were  prevailed 
upon  to  submit  to  the  wishes  of  Bo- 
livar, continuing  him  in  office  an- 
other year ;  and  recommending 
him  to  consult  the  provinces,  as  to 
the  form  of  a  constitution  which 
they  might  wish  adopted. 

This  resulted  as  he  expected,  in 


518 


ANNUAL  REGISTER,  1827-8-9 


the  adoption  of  the  Bolivian  code, 
and  his  own  election  OF  PRESIDENT 
FOR  LIFE. 

Previous  to  his  election,  Bolivar, 
having  been  again  chosen  Presi- 
dent of  Colombia,  had  returned  to 
that  Republic,  called  there  by  the 
insurrection  of  Paez,  and  the 
threatening  prospect  of  a  civil  war. 

His  presence  calmed  the  angry 
elements,  and  the  strong  indications 
of  concert  between  himself  and 
Paez,  with  the  increasing  marks  of 
declining  popularity,  occasioned  by 
the  suspicions  of  the  people,  in- 
duced him  to  transmit  to  congress 
his  sixth  abdication,  on  the  6th  of 
February,  1827. 

Twenty-four  members  of  con- 
gress, voted  in  favour  of  its  accept- 
ance, but  a  majority  opposed  them- 
selves,  and  he  was  again  elected 
President. 

On  the  29th  of  February,  1828, 
in  his  address  to  the  grand  conven- 
tion, assembled  at  Ocana,  he  again 
resigned  his  office  for  the  seventh 
time  ;  and  on  the  dissolution  of  that 
body,  was  invested  with  the  powers 


of  Supreme  Chief,  which  he  at  pre- 
sent possesses.  What  may  be  the 
result  of  his  career,  time  alone  can 
determine. 

We  confess  our  own  disappoint- 
ment at  the  present  indications  of 
his  ambitious  projects. 

Circumstances  may  have  opera- 
ted to  have  caused  his  deviation 
from  those  truly  patriotic  senti- 
ments avowed  by  him  upon  the 
summit  of  the  lofty  Cerro  ;  but  it 
had  been  far  better  for  his  fame, 
and  perhaps  for  the  hopes  of  liberty 
in  the  southern  states  of  America, 
if  he  had  gloriously  perished  on 
the  field  of  Bojaca. 

Even  now  it  is  not  too  late  for 
him;  by  an  exercise  of  moral  firm- 
ness, to  retrieve  his  tarnished  fame, 
and  ridding  himself  of  the  base  flat- 
terers, who,  availing  themselves  of 
the  weak  points  of  his  character, 
have  so  long  made  him  the  prey  of 
gross  adulation,  to  forsake  the  path 
of  despotism,  and  throw  himself  and 
his  fortunes  into  the  scale  of  con- 
stitutional liberty. 


CHAPTER  XX. 


PERU  AND  BOLIVIA. 

PERU. — Conspiracy  at  Lima — Earthquake — New  Constitution— War  with 
Colombia— Overtures  for  Peace— Battle  of  Tarqui— Convention  of 
Jiron — Renewal  of  hostilities — Revolution  in  Peru — Peace  with  Colom- 
bia. 

BOLIVIA. — Sucre,  President — Bolivian  code — Revolution — War  with 
peru — Peace — Velasco  President — Blanco  President — Killed  in  civil 
commotion — Santa  Cruz  President. 


GENERAL  La  Mar,  president  of 
Peru,  had,  throughout  the  short- 
Jived  power  of  Bolivar,  remained  in 
voluntary  exile — unwilling  to  yield 
obedience  to  the  Bolivian  code, 
and  anxious  to  avoid  the  proscrip- 
tion that  had  hitherto  pursued 
those  who  had  opposed  the  views 
of  the  Liberator.  The  Bolivian 
constitution  having  been  rejected, 
and  a  new  constitution  adopted, 
tranquillity  reigned  throughout  the 
country. 

Apprehensions,  however,  existed 
that  Bolivar,  after  settling  the  af- 
fairs of  Colombia,  would  attempt  to 
regain  his  lost  authority,  and  it  was 
deemed  advisable  to  place  the  army 
on  such  a  footing,  as  would  prevent 
any  encroachment  from  that  quar- 
ter. 

The  standing  army  was,  there- 
fore, increased  to  12,000  men,  and 
every  exertion  made  to  provide 
against  future  exigencies. 


At  the  commencement  of  the 
year  1828,  a  conspiracy  which 
threatened  serious  consequences, 
was  detected  at  Lima.  It  had  for 
its  object,  the  crowning  of  an  In. 
dian  Colonel,  named  Linavibca. 
and  was  fixed  for  the  25th  of  Janu- 
ary.  A  number  of  members  of 
congress  were  arrested  as  conspi- 
rators in  this  monarchical  plot,  and 
among  others,  Senores  Vidaurre, 
and  Perez  Sudela.  Vidaurre  was 
president  of  the  supreme  court,  and 
representative  for  Lima,  and  from 
his  former  course  of  conduct  in 
manfully  opposing  the  views  of 
Bolivar,  and  resisting  his  attempts 
at  usurpation,  it  can  hardly  be  sus- 
pected that  he  was  privy  to  a  plot 
of  this  kind.  The  truth  is,  that 
shortly  after  the  commencement  of 
their  session,  congress  had  been 
divided  between  two  parties  head- 
ed by  Vidaurre,  on  the  one  side, 
and  Luna  Pisarro,  president  of  con- 


520 


ANNUAL  REGISTER,  1827-8-9. 


gress,  on  the  other.  These  parties 
professed  opposite  principles,  and 
their  dissentions  had  been  produc- 
tive of  great  disorder.  Vidaurre 
was  a  high-toned  republican,  and 
Luna  Pisarro,  an  ultra  aristocrat. 

Pisarro  had  endeavoured  to  in- 
sert in  the  constitution  an  article 
granting  the  right  of  citizenship  to 
the  Spaniards  in  general,  which 
had  been  opposed  successfully  by 
Vidaurre,  who  spoke  several  times 
against  the  measure  with  great  ve- 
hemence, and  finally  succeeded  in 
defeating  it.  He  was  now  accused 
of  having  participated  in  the  con- 
spiracy, in  the  objects  of  which  the 
party  of  Pisarro  had  been  included, 
more  with  a  view  to  give  himself 
the  political  command,  than  to  de- 
stroy the  republic.  The  real  fact 
seems  to  be,  Vidaurre  was  in  fa- 
vour  of  Santa  Cruz,  as  President, 
and  was  therefore  obnoxious  to 
those  in  power. 

He  was  at  first  thrown  in  prison, 
with  the  view  of  bringing  him  to 
trial,  but  having  a  formidable  party 
in  his  favour,  the  government  con- 
tented itself  with  banishing  him  to 
the  United  States,  stipulating  to 
maintain  him  with  decency,  and  al- 
so obligating  themselves  to  provide 
for  his  family,  with  the  greatest 
care. 

General  Santa  Cruz  was  also  ba- 
nished, with  the  title  of  minister 
plenipotentiary  to  Chili. 

On  the  30th  of  March  Peru  was 
visited  bv  one  of  those  dreadful 


earthquakes  which  sometimes  oc- 
cur  in  that  part  of  the  world,  and 
which,  had  it  continued  for  a  few 
seconds  longer,  would  inevitably 
have  laid  Lima  in  ruins.  The 
shock  was  preceded  and  followed 
by  several  phenomena,  equally 
strange  and  terrible. 

On  the  16th  of  March,  the  river 
Jayme  of  Ferrenafe,  shot  from  its 
bed  through  the  upper  part  of  Lam- 
bayeque.  Its  currents  were  so 
strong,  and  so  great  the  mass  of  its 
waters,  that  it  entirely  covered  the 
place  named  the  Other  Banks,  le- 
velling in  its  progress  all  the  houses 
and  hamlets  situated  there.  To  this 
phenomenon  was  added  an  extra- 
ordinary  torrent  of  rain,  accom- 
panied by  violent  thunder  and 
lightning,  all  of  which  continu- 
ed four  days  in  succession.  This 
calamity  destroyed  most  of  the 
streets,  bending  or  inclining  all  the 
buildings  from  the  centre.  The 
inhabitants  found  an  asylum  in  the 
hills  and  sand  banks  in  the  vicinity 
of  the  city.  Such  was  the  abun- 
dance of  waters  and  the  height  which 
they  attained,  that  the  conductor 
of  the  post  was  forced  to  embark 
on  a  raft  two  miles  above,  and  thus 
cross  the  city  to  the  office.  A 
large  river,  formed  by  the  rains, 
made  its  appearance  in  the  desert 
of  Sechurs,  a  place  in  which  no 
water  was  ever  seen  before.  The 
direction  of  this  new  river  is  across 
from  the  desert  towards  the  point 
called  Cabo  Verde.  Travellers 


PERU  AND  BOLIVIA, 


521 


were  detained  eight  days  in  extri- 
cating themselves  from  the  sands 
which  the  waters  amassed,  and  in 
part  concealed. 

In  Piura,  it  rained  fourteen  days 
continually,  and  at  its  termination, 
on  the  15th  March,  all  the  propri- 
etors found  themselves  compelled 
to  abandon  their  farms,  because  of 
the  ruinous  condition  to  which  their 
habitations  were  reduced. 

By  the  other  road  from  Huanuco, 
the  earthquake  was  felt,  but  no  in- 
jury was  sustained. 

From  San  Mateo  to  the  capital, 
the  trembling  was  greater,  and  18 
houses  were  destroyed  in  the  town, 
while  the  mountains  around,  dis- 
carded from  their  summits  im- 
mense fragments  of  pocks,  filling 
up  the  roads,  and  making  them  al- 
most impassable.  In  Surco,  a  city 
fifteen  leagues  distant  from  Piura, 
and  seven  from  San  Mateo,  they 
had  an  eruption  of  water,  similar  to 
a  volcano. 

On  Sunday,  March  30th,  at  half 
past  seven  in  the  morning,  Lima 
experienced  an  extraordinary  earth- 
quake, as  well  for  its  duration,  as 
for  its  movements.  Its  route  was 
from  east-north-east,  towest-north- 
west ;  and  in  forty-five  seconds  of 
convulsion,  destroyed  as  many  an- 
cient buildings.  The  amount  of 
property  destroyed,  was  estimated 
at  six  millions.  Forty  persons 
perished  in  the  city. 

At  Callao,  the  shock  was  felt  af- 

Voi.  III. 


ter  the  dust  was  seen  to  rise  from 
Lima,  so  that  it  would  seem  that  it 
proceeded  from  the  mountains  to 
the  sea.  Those  persons  who  were 
on  board  vessels  in  the  harbour,  de- 
scribed the  sensation  to  be  the  same 
as  when  a  ship  thumps  violently 
against  the  bottom,  and  the  noise 
as  terrific.  The  water  was  very 
turbid,  and  for  a  considerable  time 
afterwards,  large  air  bubbles  came 
up  in  every  direction. 

On  the  19th  of  April.the  new  con- 
stitution  was  made  public.  Among 
other  things,  it  sets  forth,  "  that  the 
Peruvian  nation  is  for  ever  to  be 
free  and  independent  of  every  fo- 
reign power.  It  shall  never  be  un- 
der the  hereditary  government  of 
any  person  or  family,  nor  shall  it 
be  united  with  any  state  or  federa- 
tion opposed  to  its  independence." 
The  press  is  declared  free, — only 
restricted  by  the  law.  A  Peruvian 
house  is  a  castle,  inviolable,  except 
in  cases  fixed  by  law.  Letters  are 
inviolable.  All  citizens  are  admis- 
sible to  public  offices.  Prisons  are 
declared  to  be  "  places  of  security, 
and  not  of  punishment ;  and  all  un- 
necessary severity  to  the  close 
keeping  of  prisoners,  is  strictly 
prohibited.  The  public  debt  is 
guarantied.  Public  primary  in. 
struction  is  promised  gratuitously 
to  all  citizens,  with  instruction  in 
the  institutions  for  the  sciences, 
literature  and  the  arts.  Also,  the 
inviolability  of  literary  property, 
66 


522 


ANNUAL  REGIST1&,  1827-8-9. 


and  of  religious  and  benevolent  es- 
tablishments. 

The  constitution  itself  is  to  be 
inviolable  for  five  years;  and  in 
July,  1833,  a  grand  convention  is 
to  assemble,  to  examine  and  reform 
it,  in  whole,  or  in  part ;  or  on  the 
occurrence  of  an  extraordinary 
case,  congress  had  the  power  to  call 
a  convention  at  an  earlier  period. 

The  most  striking  provision,  was 
the  utter  and  absolute  ANNIHILATION 

OF  SLAVERY. 

The  152d  article  declares  that 
"  no  person  is  born  a  slave  in  the 
republic ;  no  slave  can  enter  from 
abroad,  without  being  free." 

The  constitution  was  not  well  re- 
ceived, on  account  of  suspicions 
entertained  of  a  design  to  increase 
the  executive  powers  at  the  ex- 
pense of  popular  rights. 

But  the  country  was  now  expo- 
sed to  a  more  immediate  danger ; 
the  prospect  of  an  invasion  from 
Colombia. 

The  Bolivian  code  had  disap- 
pointed the  inhabitants  of  Bolivia 
itself,  and  an  insurrection  had  taken 
place  in  Upper  Peru,  having  for  its 
object  the  destruction  of  that  con- 
stitution, and  the  expulsion  of  the 
Colombians.  Although  General 
Sucre  had  been  chosen  President 
of  Bolivia  by  the  spontaneous  voice  • 
of  congress,  and  although  he  had 
accepted  the  appointment  for  two 
years,  on  the  condition  that  2000 
Colombian  troops  should  remain 


with  him  for  that  period,  which  pro* 
posal  was  assented  to  by  congress-; 
yet  the  pride  of  the  Bolivians  was 
mortified,  and  they  were  determi- 
ned to  free  themselves  of  their  al- 
lies. The  Peruvian  government 
were  invited  to  co-operate  with  the 
revolutionary  party,  and  a  force 
was  accordingly  sent,  under  Colo- 
nel Gamarra,  with  whose  aid  Su- 
cre, after  a  gallant  resistance,  was 
deposed,  and  taken  prisoner. 

Bolivar  saw,  in  this  step,  the  pro- 
gress of  the  party  opposed  to  his 
ambitious  designs.  The  constitu- 
tion which  had  been  forced  upon 
Peru,  had  been  rejected ;  and  not 
contented  with  that  domestic  tri- 
umph, the  leaders  of  that  revolu- 
tion had  undertaken  to  aid  their 
compatriots  in  Upper  Peru,  in  sha- 
king off  the  shackles  so  artfully 
imposed  upon  them  in  the  hour  of 
unsuspecting  gratitude,  under  the 
guise  of  a  constitution. 

Their  sentiments  even  infected 
the  soldiers  left  to  retain  Peru  in 
subjection,  and  the  army  of  Co- 
lombia, so  far  from  being  willing  to 
forge  fetters  for  the  Peruvians,  had 
shown  themselves  more  ready  to 
sever  those,  which  were  preparing 
for  their  own  countrymen.  This, 
difference  in  their  political  princi- 
ples, almost  rendered  it  impossible 
for  the  two  parties  to  remain  in 
peace,  until  after  a  full  trial  of 
strength.  But  there  were  other 
motives  to  the  war  of  a  national 


PERU  AND  BOLIVIA. 


523 


character.  The  Peruvians  were 
indebted  to  Colombia,  $3,595,000, 
for  the  expenses  of  the  liberating 
army,  which  they  did  not  find  it 
convenient  to  pay.  They  were 
charged,  too,  with  being  actuated  by 
a  desire  to  possess  themselves  of 
Guayaquil,  and  of  the  province  of 
Jaen,  and  part  of  Mainas.  Insults, 
too,  had  been  offered  to  Colombian 
officers  by  the  Penivian  authorities, 
and  the  troops  seduced  to  revolt 
against  their  own  country.  Such 
were  the  grounds  upon  which  Bo- 
livar justified  the  war,  and  actuated 
by  these  reasons,  and  probably  not 
a  little  exasperated  at  the  opposi- 
tion to  his  ambitious  projects,  and 
at  the  extinction  of  his  hopes  of 
fame  as  a  legislator,  by  the  destruc- 
tion of  the  code  of  his  political 
faith,  he  immediately  issued  the 
following  address,  declaring  war 
against  Peru  : 

Fellow  citizens  and  soldiers ! 

The  perfidy  of  the  people  of  Peru  has 
removed  all  limits,  and  overturned  all 
rights,  of  their  neighbours  of  Bolivia  and 
Colombia.  Notwithstanding  a  thousand 
outrages,  borne  with  heroic  patience,  we 
have  found  ourselves  at  length  obliged  to 
repel  injustice  by  force.  The  Peruvian 
forces  have  entered  into  the  heart  of 
Bolivia,  without  a  previous  declaration 
of  war,  and  without  any  cause  for  it. 
Such  abominable  conduct  lets  us  know 
what  we  have  to  hope  for  from  a  govern- 
ment which  does  not  know.,  either  the 
laws  of  nations,  or  those  of  gratitude ; 
nor  will  follow  the  courtesy  due  to  friendly 
people  and  brothers.  Let  us  refer  to  the 
list  of  the  crimes  of  the  government  of 
Peru,  and  your  suffering  cannot  discover 
itself  without  a  terrible  cry  of  vengeance. 
But  I  do  not  wish  to  excite  your  indigna- 
tion, nor  re-open  your  painful  wounds. 


I  only  call  you  to  be  on  your  guard 
against  those  wretches  who  have  violated 
the  soil  of  our  daughter,  and  who  attempt 
now  to  profane  the  bosom  of  the  mother 
of  heroes.  Arm  yourselves,  Colombians 
of  the  south!  Fly  to  the  frontiers  of 
Peru,  and  hope  for  the  hour  of  revenge. 
My  presence  among  you  shall  be  the 
signal  for  battle. 

(Signed)        BOLIVAH, 
Bogota,  July  3, 1828. 

A  manifesto,  setting  forth  the 
justifying  causes  of  the  war,  fol- 
lowed, which  will  be  found  among 
the  public  documents  in  the  second 
part  of  this  volume.  The  Peru- 
vians, on  their  part,  also  declared 
war  against  the  Colombians,  and 
denounced  the  ambitious  projects 
of  Bolivar,  and  his  attempts  to  re- 
duce their  republic  to  a  state  of 
dependence  and  slavery.  General 
La  Mar,  in  answer  to  Bolivar,  is- 
sued the  following  proclamation : 

Soldiers ! 

I  come  to  place  myself  at  your  head, 
to  share  the  dangers  and  the  glory  of  the 
campaign  to  which  you  are  provoked. 
The  sworn  enemy  of  Peruvian  inde- 
pendence— the  violator  of  our  national 
rights — he  who  cannot  hear  you  called 
virtuous  without  being  furious  with  an- 
ger— the  only  man  who  proclaims  des- 
potism in  the  continent  of  America — 
General  Bolivar,  has  dared  to  declare 
war  against  us — his  presence  on  the  fron- 
tiers being  to  serve  as  a  signal  for  the 
combat.  You  will  conquer  the  arrogant 
slaves  who  accompany  him  in  so  fratri- 
cidal an  enterprise :  you  will  revenge  the 
outrages  offered  to  your  honour,  the  in- 
sults heaped  upon  the  republic,  and  will 
build  the  prosperity  of  two  friendly  and 
sister  nations. 

Soldiers !  Such  are  your  sublime  des- 
tinies— in  you  the  country  places  these 
precious  hopes ;  show  yourselves  worthy 
of  so  great  a  trust ;  comply  with  the 
wishes  of  your  fellow  citizens,  which  arc 
the  expression  of  the  law  and  the  mea- 
sore  of  your  duty. 


ANNUAL  REGISTER,  1827-8-9. 


Soldiers !  Valour  distinguishes  freemen 
from  the  wretches  who  drag  on  their 
existence  in  slavery ;  but  the  strength  of 
the  republican  phalanx  consists  in  disci- 
pline, morality,  and  concord.  These  are 
the  guaranty  of  victory,  and  the  terror  of 
our  enemies :  without  discipline  there  is 
no  order — without  order  there  is  no  mo- 
rality— and  without  morality  there  is 
none  of  that  unity  of  sentiments  which 
ought  to  make  you  present  yourselves, 
generously  resolved  to  conquer,  or  to 
perish  for  the  happiness  of  yeur  country, 
and  for  the  preservation  of  your  integrity 
and  independence.  Companions !  war 
to  those  who  seek  their  own  aggrandize- 
ment in  our  humiliation  !  Peace  and 
friendship  to  the  Colombian  nation,  which 
is  our  friend,  sister,  and  ally. 

JOSE  DE  LAMAR. 

Tambo  Grande,  October  12, 1828. 

Previous,  however,  to  comhlg 
lo  actual  collision,  several  unsuc- 
cessful attempts  were  made  to  ar- 
range these  complicated  difficul- 
ties. A  correspondence,  the  sub. 
stance  of  which  we  insert,  passed 
on  the  subject  between  the  two  go. 
vernments,  without  effect. 

Bogota,  July  31, 1828. 

Most  excellent  Sir — It  is  expedient 
that  the  war  in  which  our  respective  Re- 
publics have  unhappily  engaged,  should 
be  brought  to  a  speedy  conclusion :  the 
welfare  and  happiness  of  both  countries 
require  it,  and  the  Government  of  Colom- 
bia most  earnestly  desires  it,  in  order  that 
all  animosity  between  two  sister  nations, 
friends  and  allies,  may  entirely  disappear, 
and  that  concord  and  good  understand- 
ing may  be  re-established.  For  this  pur- 
pose,  inasmuch  as  it  is  impossible  to  come 
to  any  understanding  during  hostilities, 
I  have  commissioned  Colonel  D.  F. 
O'Leary  to  arrange  and  definitively  con- 
clude an  armistice,  which  will  be  the  be- 
ginning of  the  reconciliation  and  the  pre- 
liminary of  peace. 

(Signed)          SIMON  BOLIVAR. 

ESTAXISLAO  VERGARA,  Secretary  of  Fo- 
reign Affairs. 

To  the  most  excellent  the  President  of 
the  Republic  of  Peru. 


REPUBLIC  OF  PERJJ. 

Legation  near  the  Government  of  Colom- 
bia, Buenaventura,  August  14,  1828. 
To  the  Hon.  Minister  of  Foreign  Affairs 

of  the  Republic  of  Colombia. 
Sir— The  undersigned  has  seen  with 
the  deepest  sorrow,  the  proclamation  of 
His  Excellency  the  President  of  Colom- 
bia, in  which  he  declares  war  against 
Peru.  Every  man  of  sense  had  foreseen 
this  developement :  the  desires  of  his 
Excellency  the  Liberator  were  very  well 
known,  and  had  not  escaped  the  pene- 
tration of  the  Government  of  Peru.  There- 
fore the  underwritten,  by  express  instruc- 
tions he  has  received  for  this  event,  finds 
himself  under  the  necessity  of  declaring, 
that  his  Government  was  persuaded  that 
nothing  could  be  gained  by  friendly  and 
conciliatory  measures,  and  that  its  only 
motive  for  sending  an  envoy  was  to  has- 
ten this  fatal  discovery,  and  show  to  the 
world  that  it  omitted  no  means  to  pre- 
serve peace,  and  prevent  the  scandal  of 
two  nations,  governed  upon  the  same 
principles,  and  with  similar  institutions, 
and  which  have  only  just  thrown  off  the 
heavy  yoke  whieh  for  three  centuries  op- 
pressed them,  soaking  the  soil  of  America 
with  the  blood  of  her  sons. 

The  underwritten  is  at  the  same  time 
commanded  to  declare,  that  the  Govern- 
ment of  Colombia  will  be  held  responsi- 
ble for  all  the  expenses,  all  the  evils  that 
may  be  caused  to  that  of  Peru,  by  the 
necessity  in  which  it  is  placed  of  repelling 
an  unjust  aggression  to  preserve  its  rights 
uninjured,  and  the  security  of  its  terri- 
tory inviolable.  JOSE  VILLA, 
Minister  Plenipotentiary  of  Peru. 

A  note  from  Colonel  O'Leary, 
transmitting  his  credentials,  drew 
the  following  reply: 

PERUVIAN   REPUBLIC. 

Foreign  Office,  Palace  of  Government. 

Lima,  Sept.  30,  1828  (9.) 
Sir — The  Minister  of  Foreign  Affairs 
of  Peru  has  the  honour  to  reply  to  the 
note  of  the  Commissioner  of  General  Bo- 
livar, dated  Quito,  August  31,  and  ac- 
companied by  a  copy  of  his  credentials, 
for  the  purpose  of  arranging  an  armistice 
which  is  to  be  the  preliminary  of  peace. 
The  Government  of  Peru  loves  peace  as 
sincerely  as  4t  abhors  the  ww  in  which 


PERU  AND  BOLIVIA* 


523 


the  nation  it  presides  unfortunately  finds 
itself  engaged,  and  therefore  cannot  but 
admit  the  mission  of  Colonel  O'Leary. 
His  Excellency  the  Vice-President  of 
Peru,  desirous  of  accelerating .  the  good 
effects  of  the  mission,  and  of  preventing 
any  obstacles  from  occurring  after  its 
commencement,  wishes  to  know  pre- 
viously to  sending  the  safe  conduct  and 
passports  to  the  commissioner,  what  are 
the  principal  bases  upon  which  the  nego- 
tiation is  to  be  commenced ;  which  data, 
although  not  always  requisite,  yet  must 
be  allowed  to  be  in  the  present  case,  in 
consequence  of  the  peculiar  circumstan- 
ces of  this  unfortunate  misunderstanding. 

MANUEL.  DEL  Rio, 
Minister  of  Foreign  Affairs. 

REPUBLIC  OF   COLOMBIA. 

Commission  of  the  Government  of  Colombia 

to  the  Government  of  Peru. 
To  the  Minister  of  Foreign  Affairs  of  Peru. 

Sir — The  Commissioner  of  his  Excel- 
lency the  Liberator,  President  of  Colom- 
bia, has  had  the  honour  of  receiving  the 
note  of  the  minister  of  foreign  affairs 
of  Peru,  dated  the  30th  of  September  last, 
in  which,  after  signifying  the  love  of 
peace  and  abhorrence  of  war,  which  ani- 
mate this  government,  and  its  desire  of 
accelerating  the  good  effects  of  the  mis- 
sion with  which  the  underwritten  is 
intrusted,  wishes  previously  to  know 
what  are  the  bases  upon  which  the  nego- 
tiation is  to  be  entered  into. 

"  The  undersigned  observes  with  sor- 
row a  manifest  contradiction  between  the 
desire  of  peace  which  the  said  note  ex- 
presses, and  the  means  of  obtaining  it 
proposed  by  Mr.  Rio.  The  great  dis- 
tance between  Lima  and  this  city  makes 
the  communication  difficult.  Nearly  two 
months  have  elapsed  from  the  time  the  un- 
derwritten solicited  a  safe  conduct,  to  the 
day  on  which  he  received  the  reply.  Two 
more  will  elapse  in  fresh  replies,  and  per- 
haps during  that  interval  blood  will  be 
shed  which  ought  to  be  spared  ;  but  the 
government  of  Peru,  in  whose  power 
it  is  to  avoid  these  evils,  is  alone  respon- 
sible for  the  result. 

"  The  undersigned,  participating  in  the 
sincere  desires  of  peace  which  guide  his 
government,  hastens  to  remove  the  new 
difficulties  created  by  the  Government  of 
Peru,  in  exacting  a  condition  which  Mr. 
Rio  confesses  is  not  always  necessary, 
and  which  is,  in  fact,  very  unusual.  His 


Excellency  the  Liberator  President,  has 
not  imposed  upon  the  undersigned  any 
restrictions,  ncr  has  he  confined  him  to 
any  bases  as  conditions  sine  qua  non. 
His  wishes  for  peace  are  as  cordial  as  the 
powers  are  ample  which  he  has  granted 
to  his  commissioner. 

To  re-establish  a  good  understanding 
between  Peru  and  Colombia,  the  Presi- 
dent of  the  latter  republic  only  requires 
what  is  just.  Strict  justice  will,  then,  be 
the  basis  upon  which  the  negotiation  for 
peace  is  to  be  commenced. 

The  undersigned,  notwithstanding  the 
note  to  which  he  is  now  replying,  and 
the  exalted  discourses  which  the  editors 
of  Peru  attribute  to  their  chief  magis- 
trates, make  him  fear  that  the  happy 
epoch  of  a  sincere  reconciliation  is  yet 
distant,  still  repeats  his  request  that  the 
Government  of  Peru  will  send  him  the 
necessary  safe  conduct  for  himself  and 
his  suite  to  proceed  to  Callao  in  a  ship 
of  war  of  their  nation,  or  that  it  will  send 
to  this  city  a  commissioner  fully  authori- 
zed to  arrange  and  definitively  conclude 
an  armistice.  For  this  purpose,  and  to 
accelerate  the  negotiations,  the  under- 
signed has  the  honour  to  transmit  to  Mr. 
Rio  a  blank  safe  conduct;  but  if  the  Go- 
vernment of  Peru  refuse  to  accept  these 
frank  proposals,  the  undersigned  most 
solemnly  protests  that  the  government  is 
and  shall  be  responsible  for  all  the  evils 
that  may  occur  in  case  the  differences  be- 
tween Colombia  and  Peru  are  left  to  the 
decision  of  the  sword. 

The  undersigned  takes  the  liberty  of 
pointing  out  to  the  Minister  of  Foreign 
Affairs  an  irregularity  which  he  has  com- 
mitted, in  addressing  the  note  to  which 
the  underwritten  is  now  replying,  to  the 
Commissioner  of  his  Excellency  General 
Bolivar.  Always  disposed  to  excuse 
faults  which  may  have  been  involunta- 
rily committed,  the  undersigned  is  not 
inclined  to  consider  in  the  light  of  a  fresh 
insult  to  the  Colombian  nation  the  mo- 
tive of  this  complaint,  and  he  therefore 
rather  attributes  it  to  a  doubt  as  to  the 
title  his  Excellency  the  President  Li- 
berator might  have  received  since  the 
people,  confided  to  him  the  unlimited 
command  of  the  Republic. 

"  The  annexed  decree  will  inform  the 
Minister  of  Foreign  Affairs  that  his 
Excellency  has  preserved  the  denomina- 
tions which  the  law  and  the  voice  of  the 
people  have  conferred  upon  him:  and 


526 


ANNUAL  REGISTER,  1827-8-9. 


the  undersigned  is  under  the  necessity  of 
declaring  that  he  will  not,  in  future,  re- 
ceive any  communication  in  which  they 
are  not  set  forth  whenever  allusion  is 
made  to  the  Chief  of  Colombia. 
DANIEL  F. 


This  correspondence  indicated 
a  state  of  feeling,  that  was  not  fa- 
vourable  to  an  amicable  adjustment 
of  the  existing  difficulties. 

The  war  accordingly  common- 
ced,  and  the  government  issued  pro- 
clamations to  the  soldiers  of  the 
republic,  to  the  Colombians  in  Peru, 
and  to  the  inhabitants  of  the  upper 
section  of  the  country. 

These  proclamations  evinced  a 
spirit  of  determined  opposition  to 
Colombia.  The  Rubicon  was  now 
passed.  Something  more  effec- 
tual, however,  than  menaces,  was 
necessary,  aad  an  army  of  5,000 
men,  under  General  Lamar,  enter- 
ed the  Colombian  territories,  while 
the  fleet  commanded  by  Admiral 
Guise,  sailed  to  attack  Guayaquil. 
Bolivar  immediately  despatched 
3,000  men  to  the  defence  of  that 
place. 

Before  their  arrival,  the  squad- 
ron,  consisting  of  a  frigate  and  a 
corvette,  had  attacked  the  city  — 
laying  in  front  thereof,  three  days, 
and  firing  3,000  shot.  They  also, 
battered  down  a  fort,  and  landing  a 
small  party,  spiked  the  guns,  con- 
sisting of  seven  brass  pieces.  Du- 
ring the  attack  the  frigate  ground. 
ed  and  might  have  been  destroyed, 
had  the  Colombians  acted  with  or- 
dinary  courage.  The  whole  affair, 


however,  was  trifling  in  its  results, 
excepting  the  loss  to  the  Peruvians 
of  the  brave  Admiral  Guise,  who 
was  killed  by  the  explosion  of  a 
cartridge,  on  board  his  own  ship. 

On  the  19th  of  January,  articles 
of  capitulation  were  entered  into, 
surrendering  the  city  to  the  Peru- 
vian squadron.  By  this  instrument 
it  was  agreed  (in  order  to  save  the 
inhabitants  from  a  rigorous  block- 
ade, and  the  evils  consequent  there- 
upon) that  if  official  news  should 
not  be  received  within  ten  days  of 
a  battle  having  been  fought  be- 
tween the  Colombian  and  Peruvian 
armies,  the  place  should  be  evacua- 
ted by  the  Colombians. 

If  the  Colombian  army  should 
lose  a  battle,  the  place  to  be  eva- 
cuated within  three  days  after  the 
receipt  of  the  intelligence.  The 
Colombian  vessels  of  war  artillery, 
and  other  armaments  in  the  city,  to 
be  delivered  up,  but  to  remain  in 
trust  during  the  war,  and  not  to  be 
used  against  the  Colombian  repub- 
lic, or  any  part  of  it :  the  com- 
mander of  the  Peruvian  squadron 
to  direct  the  form  of  government  to 
be  established  after  the  surrender, 
&c.  There  having  been  no  battle 
within  the  time  agreed  on,  the 
place  was  evacuated  by  the  Co- 
lombians, and  taken  possession  of 
accordingly  by  the  Peruvians. 

The  Peruvian  army,  meanwhile, 
remained  on  the  northern  frontier, 
awaiting  the  arrival  of  the  division 
from  Bolivia,  which  having  sue- 


PERU  AND  BOLIVIA. 


52? 


ceeded  in  expelling  the  Colombians 
from  that  republic,  had  immediately 
commenced  its  march  for  Colombia. 

Having  been  joined  by  this  di- 
vision they  pursued  their  march 
into  the  Colombian  territories. 

On  the  4th  of  February  the  ad- 
vanced  guard  was  met  by  the  Co- 
lombian army,  under  the  command 
of  Sucre,  the  deposed  president  of 
Bolivia,  now  commander  extraor- 
dinary  of  the  Colombian  army 
of  the  south,  and  superior  chief 
of  the  departments  of  southern  Co- 
lombia. A  skirmish  ensued,  and 
the  Peruvians  were  driven  back 
to  the  main  body  of  the  army.  On 
the  25th,  two  Peruvian  battalions 
and  a  company  of  horse,  under 
General  Plaza,  were  stationed  in 
Jiron,  and  the  main  body  at  San 
Fernando.  On  the  26th,  the  Co- 
lombian army  moved  to  Tarqui, 
and  preparations  were  made  on 
both  sides  for  an  approaching  ge- 
neral engagement. 

The  pass  of  Tarqui  is  a  high 
eminence,  with  broken  ground  in 
front.  On  one  side  are  some  steep 
ascents,  and  on  the  other  a  thicket 
covering  the  defile,which  is  termed 
the  pass.  The  division  of  General 
Plaza  occupied  the  heights  com- 
manding  the  pass  ;  but  the  thicket 
on  the  opposite  side  had  been  ne- 
glected as  impenetrable.  General 
Sucre  had  detached  a  body  of 
sharp  shooters,  supported  by  the 
Sedeno  troop,  to  commence  the  at- 
tack by  surprise. 


This  detachment  mistook  its  way, 
and  was  fired  upon  by  the  troops 
of  Plaza.  A  rifle  battalion,  under 
the  command  of  General  Flores 
was  sent  to  its  support,  who  pene. 
trated  the  thicket,  and  the  action 
commenced.  The  division  of  Plaza 
being  defeated,  General  Lamar,  at 
the  head  of  about  3000,  appeared 
in  person  on  the  heights. 

The  Colombians  were  on  the 
point  of  giving  way,  when  the 
second  division  of  their  army  un- 
der the  command  of  O'Leary,  was 
seen  approaching.  They  were  or- 
dered to  hasten  their  inarch,  and 
were  immediately  led  to  the  charge. 
The  Peruvians,  after  a  faint  resist- 
ance, abandoned  their  positions 
and  retreated  to  a  plain  about  a 
league  from  the  field  of  battle, 
where  they  fell  in  with  the  second 
division  of  their  army,  which  could 
not  be  brought  up  in  time  to  take 
part  in  the  action. 

The  situation  of  the  Peruvians 
had  now  become  perilous,  and  their 
commander  deemed  it  necessary  to 
listen  to  proposals  for  a  capitula- 
tion made  by  Sucre.  Generals 
O'Leary  and  Flores  were  appoint, 
ed  commissioners  on  the  part  of 
Colombia,  and  Generals  Gamarra 
and  Orbegoso  on  the  part  of  Peru. 
The  commissioners  met  at  a 
house  equi-distant  from  the  two 
camps,  and  agreed  upon  the  fol. 
lowing  articles  as  the  "  basis  of  a 
definitive  treaty"  between  the  two- 
countries. 


ANNUAL  REGISTER,  1827-8-9. 


Art.  1.  The  military  force  of  the  Pe- 
ruvians and  Colombians,  on  their  respec- 
tive frontiers,  shall  be  reduced  to  3,000 
men  each. 

2.  \  commission  shall  be  appointed 
to  fix  the  boundaries  of  each  state. 

3.  The   same  commission  shall  esta- 
blish the  mode  of  paying  the  debt  due 
by  Peru  to  Colombia.    - 

4.  Relates   to  the   adjustment   of   a 
further  claim  of  the  Colombians  on  the 
Peruvian  purse. 

6.  The  Peruvian  government  will  give 
that  satisfaction  to  the  Colombian  state 
for  the  expulsion  of  the  "  charges  des  af- 
faires" of  the  latter  from  Lima,  which  is 
usual  amongst  nations;  and  Colombia 
•will  explain  the  causes  why  she  refused 
to  receive  the  Peruvian  representa- 
tives. 

6.  Neither  state  is    to  interfere  with 
the  government  of  the  other,  and  it  is 
agreed  to  recognise  the  independence  of 
La  Republica  Boliviana. 

7.  The  strict  observance  of  article  6  is 
to  be  settled  by  a  particular  treaty. 

8.  On  account  of  the  mutual  distrust 
existing  between  the  two  powers,  it  is 
agreed  to  request  the  United  States  of 
North  America  to  act  as  a  mediator,  and 
guaranty  the  treaty  to  be  made. 

9.  As  Colombia  will  never  consent  to 
sign  a  treaty  of  peace  whilst  any  part  of 
her  territory  is   occupied   by   a   hostile 
force,  it  is  agreed,  that  the  Peruvian  army 
shall  retire  to  the  south  of  Macara ;  and 
to  conclude  all  matters  of  difference,  both 
parties  shall   send    plenipotentiaries  to 
Guayaquil,  in  all  the  month  of  May.    In 
the  mean  time,  small  garrisons  only  shall 
remain  in  the  frontier  towns. 

10.  The    Peruvians  will  restore  the 
corvette  Pinchica,  and  in  one  year's  time 
pay  $130,000,  to  cover  the  debt  that  d 
Tiempo  and  the  squadron  of  Peru  have 
contracted  in  the  departments  of  Asuay 
and  Guayaquil,  and  as  an  indemnity  for 
injury  done  private  property. 

11  The  Peruvian  army  on  the  2d  of 
March,  is  to  commence  retiring  from  the 
Colombian  territory  by  way  of  Loja,  and 
in  twenty  days  after  is  to  have  completed 
the  evacuation. 

12.  Colombians  and  Peruvians  are  to 
be  treated  by  each  state  as  natives. 

13.  The  commissioners  will  endeavour 
to  procure  a  general  amnesty  from  the 
contracting  powers.  , 


14.  In  this  preliminary  treaty  is  com- 
menced a  definitive  and  perpetual  alliance 
between  the  two  states  against  all  foreign 
invasion. 

15.  The  contracting  parties  agree  that 
the  definitive  treaty  shall  be  immediately 
formed  on  the  basis  of  this  agreement. 

16.  The  blockade  declared  against  the 
Colombian  ports,  shall  be  considered  as 
having  ceased,  so  soon  as  the  commis- 
sioners of  both  armies  have  entered  Guay- 
quil. 

17.  Quadruplicates  of  the  agreement 
to  be  made  for  the  respective  parties. 

Given  and  signed  in  el  Campo  de  Ji« 
ran,  Feb.  27th,  1829. 

According  to  the  Colombian 
statement,  the  Peruvian  army  con- 
sisted of  8000  strong,  of  which 
about  500  were  left  dead  on  the 
field,  and  upwards  of  2000  wound- 
ed  and  taken  prisoners  ;  while 
their  own  loss  in  killed  and  wound- 
ed was  but  about  500. 

This  account  is  highly  exagge- 
rated ;  and  though  the  inferior 
strength  of  the  Peruvians,  is  suffi- 
ciently obvious,  still  the  terms  im- 
posed by  the  Colombians  show,  that 
they  were  strong  enough  to  excite 
apprehensions. 

A  column  of  jasper  was  directed 
to  be  erected  en  the  field  of  battle, 
commemorative  of  their  victory, 
and  indicative  of  the  superiority  of 
the  Colombians  in  arms. 

This  decree  of  General  Sucre, 
was  well  calculated  to  mortify  the 
pride  of  the  Peruvians,  and  was 
certainly  ill  timed,  the  prelimina- 
ries of  peace  being  merely  agreed 
on,  and  not  yet  ratified. 

General  Sucre,  in  affixing  his 


PERU  AND  BOLIVIA. 


Signature,  made  use  of  th«  following 
preamble  : — "  Wishing  to  give  an 
undoubted  testimony,  and  the  most 
incontestable  proof  that  the  govern- 
ment  of  Colombia  does  not  seek 
for  war — that  it  regards  the  Peru- 
vians with  affection— and  that  it 
does  not  wish  to  share  the  victory 
for  the  humiliation  of  Peru,  or  to 
take  a  grain  of  sand  from  her  ter- 
ritory— I  approve,  confirm  and 
ratify  this  treaty." 

The  intelligence  of  this  affair 
excited  at  the  capital,  surprise  and 
indignation.  By  the  political  code 
of  the  republic,  the  power  of  ratify, 
ing  treaties  was  not  vested  in  the 
executive,  but  was  the  exclusive 
prerogative  of  congress — it  being  a 
maxim,  that,  as  the  nation  alone 
could  declare  war,  so  also,  the  na- 
tion, through  the  voice  of  their  re- 
presentatives,  alone  possessed  the 
power  of  concluding  peace. 

The  government,  therefore,  re.- 
fused  to  ratify  the  treaty,  and  de- 
cided, that  the  war  should  be  con- 
tinued. 

Meanwhile  a  conspiracy  was  de- 
tected in  the  capital  itself,  having 
for  its  object  the  overthrow  of  the 
government,  and  the  indiscriminate 
massacre  of  the  whites.  To  pro- 
mote  this  horrible  enterprise,  a  fe- 
male by  the  name  of  Juana,  was 
commissioned  to  seduce  the  slaves 
of  the  neighbouring  plantations. 
Their  design  was  to  place  a  mulatto 
by  the  name  of  Bernardo  Ordonez, 
at  the  head  of  the  government ;  and 

ra. 


books  were  found,  containing  the 
names  of  the  candidates  for  the 
principal  offices.  The  conspira- 
tors were  surprised  together,  in  a 
house,  on  the  evening  of  the  22d 
of  April,  and  fourteen  of  them  ar- 
rested. Among  them  was  an  of- 
ficer, by  the  name  of  Juan  de  Dias 
Algorta,  who  had  been  imprisoned 
more  than  a  year  on  suspicion  of 
having  been  engaged  in  a  similar 
plot,  some  time  previous. 

On  the  receipt  of  the  news  of  the 
convention  of  Jiron,  Colonel  Jose 
Prieto,  commandant  of  the  depart- 
ment of  Guayaquil,  refused  to  ac. 
cede  to  that  part  of  the  convention, 
which  stipulated  for  the  restoration 
of  Guayaquil  to  the  Colombian 
arms. 

He  accordingly  addressed  an 
order  on  the  13th  of  March  to  Don 
Juan  Jose  Arrieta,  military  com- 
mander  of  the  circuit  of  Baha,  in 
which  he  says, — "  Although  hostili- 
ties have  ceased  by  the  terms  of 
the  preliminaries,  yet,  under  the 
most  weighty  considerations  I  have 
resolved  to  suspend  the  execution 
of  the  referred  treaty  so  far  as  re- 
lates to  this  department  and  this 
squadron,  in  accordance  with*  the 
decision  of  an  extraordinary  coun- 
cil of  war,  convened  by  my  order 
on  the  llth  instant,  until  the  final 
decision  of  the  supreme  govern- 
ment,  upon  the  suggestions  of  the 
said  council,  shall  be  made  known." 

He  goes  on  to  direct  the  provi- 
sion of  means  of  defence,  resolving 
67 


530 


ANNUAL  REGISTER,  1827-8-6. 


f  o  "  sustain  the  existing  order  of 
things  at  all  hazards,  unless  new 
instructions  shall  be  received  to 
the  contrary.  A  communication 
was  also  addressed  by  him  on  the 
same  day  to  General  Illingrot,  of 
the  Colombian  army,  making  known 
to  him,  his  resolution,  and  expres- 
smg  his  willingness  to  accede  to  an 
armistice,  until  the  decision  of  his 
government  (to  which  he  had  for- 
warded  despatches)  should  be  re- 
ceived. A  proclamation,  in  the 
high  sounding  phrase  of  the  Spa- 
nish language,  was  issued  to  the 
inhabitants  and  Garrison  of  Guaya- 
quil, which  we  subjoin. 


IVilow  citizens  and  soldiers:  When 
the  officers  of  the  squadron,  and  the  town, 
being  assembled  in  a  council  of  war,  on 
the  llth  of  the  present  month,  came  to  a 
solemn  determination  not  to  evacuate 
the  place  until  the  decision  of  the  supreme 
government  should  be  known,  they  well 
knew  that  this  determination,  dictated  by 
their  patriotism,  their  honour  and  their 
rights,  was  conformed  to  the  wishes  of 
the  people,  promotive  of  their  best  in- 
tcrest,  and  demanded  by  a  sense  of  na- 
tional honour,  Shall  this  honour  be  cam- 
promised  in  the  presence  of  the  brave  de- 
fenders of  liberty?  Will  they  suffer  the 
liberty  of  Peru  to  be  sold  by  the  conven- 
tion of  Jiron,  and  that  of  the  whole  con* 
tinent  to  be  put  at  hazard?  No,  no! 
they  groaned  with  horror,  when  by  that 
sanfe  enemy  the  Toil  was  torn  asunder 
which  concealed  from  their  view  the  pre- 
cipice which  opened  to  the  grave  of  their 
pountry,  and  the  hand  of  posterity  about 
to  imprint  a  foul  blot  upon  the  brilliant 
page  which  was  destined  to  transmit  their 
brave  deeds  and  illustrious  names  to  fu- 
ture time.  Their  generous  spirits,  kin* 
died  into  the  most  noble  and  holy  indig- 
nation, demand  this  day  from  the  enemies 
of  their  glory,  a  public  and  explicit  retrac- 
tion of  the  degrading  impostures,  (repre- 
sentations of  the  battle,  &c.)  with  which 
;bey  have  dared  to  blacken  their  conduct, 


and  are  preparing  to  wipe  away  tbov* 
aspersions  by  engagements  more  success' 
ful  without  doubt,  than  that  of  TarquU 
in  which  the  Colombians  will  have  the 
opportunity  to  display  the  heroic  valor 
which  they  claim  in  this. 

Guyaquilenians !  Overflowing  with  joy, 
animated  with  delight,  I  hasten  to  com- 
municate to  you  the  plausible  news  that 
already  the  tyrants  despair  of  ruling  you, 
of  usurping  your  rights,  of  satiating 
themselves  with  your  blood,  of  enjoying 
your  riches.  You  are  under  the  pro- 
tection of  the  army,  and  as  a  guaranty 
of  your  security,  I  offer  you  the  majesty 
of  the  Peruvian  republic.  You  enjoy  all 
its  privileges. 

Soldiers !  You  possess  the  same  sen- 
timents which  animate  your  companions 
of  the  army ;  your  desires  are  one ;  your 
intrepidity  is  the  same ;  the  same  Peru- 
vian blood  flows  through  your  veins ;  the 
same  also  will  be  your  efforts,  your  sa- 
crifices, and  your  devotion  to  the  public 
good', — the  only  rule  by  which  your  an- 
cient companion  will  regulate  his  con* 
duct. 

Joss  PRIETO. 

Gin/aquil,  March  22, 1329. 

The  resistance  thus  offered  to 
the  fulfilment  of  the  convention  of 
Jiron,  was  the  signal  for  a  renewal 
of  hostilities.  Guayaquil  now  be- 
came the  seat  of  war. 

Bolivar,  apprized  of  the  signing 
of  the  convention,  had  continued 
his  march  to  Ecuador,  one  of  the 
southern  departments  of  Colombia, 
"  to  superintend  the  arrangements 
between  the  two  governments,  and 
to  insure  the  fruits  of  the  late  vic- 
tory." On  the  part  of  Peru,  3000 
troops  were  transported  by  sea, 
from  Paita  to  Guayaquil,  and  eve- 
ry exertion  made  to  secure  that 
city,  and  prevent  its  being  occupied 
by  the  Colombians. 

It  was  evident  that  the  first  point 
of  attack  would  be  Guayaquil ;  and 


PERU  AND  BOLIVIA. 


531 


td  this  quarter,  therefore,  all  eyes 
were  turned. 

After  the  battle  of  Tarqui,  the 
Peruvian  army,  about  2500  strong, 
took  up  their  march  for  Yanquilla. 
Here  they  were  reinforced  by  se- 
veral small  detachments,  which  in- 
creased their  force  to  about  3500 
infantry,  and  600  cavalry. 

General  Illingrot  was  at  Daule, 
with  a  detachment  of  Colombian 
troops,  while  General  Flores,  with 
the  main  body  of  the  army,  com- 
menced his  march  from  Sanboro- 
don,  upon  Guayaquil. 

The  contest  was  still  undecided, 
when  a  conspiracy  broke  out  in  the 
capital,  on  the  5th  of  June,  1829, 
and  produced  a  total  change  in  the 
government.  This  event  had  been 
for  a  long  time  expected,  and  was 
effected  without  blood-shed. 

After  the  defeat  of  Tarqui,  Pre- 
sident La  Mar  daily  became  more 
unpopular.  Of  a  weak  and  undeci- 
ded character,  but  with  good  in- 
tentions,  General  La  Mar  had,  by 
his  imbecility,  plunged  the  nation, 
first  into  war,  and  then  into  dis- 
grace. 

He  had  inflicted  a  wound  upon 
the  national  pride ;  that,  rankling  in 
the  minds  of  the  citizens,  destroyed 
his  former  popularity,  and  weaken- 
ed the  remembrance  of  his  ancient 
services. 

The  public  finances  were  'in  a 
deplorable  condition  ;  commerce 
depressed ;  and  the  people  suffering 
•under  the  heavy  contributions  im- 


posed upon  them  tor  the  support  of 
the  war. 

The  mines  had  been  stopped  for 
the  want  of  funds ;  the  revenue 
was  exhausted  ;  the  officers  of  the 
customs  were  notoriously  rapacious 
and  dishonest ;  and  the  nation  was 
on  the  brink  of  insolvency  and  ruin. 

In  addition  to  these  political  ca- 
lamities, her  cities  had  been  pros- 
trated by  an  awful  dispensation  of 
Providence  ;  and  to  consummate 
her  embarrassments,  the  crops  had 
failed,  while  a  victorious  and  pow- 
erful army  was  on  her  frontiers^ 
headed  by  a  chief  whose  military 
skill  and  reputation  was  known  and 
dreaded.  The  capital  and  its  vi- 
cinity were  infested  by  bands  of 
robbers,  who  waylaid  passengers, 
and  descending  from  their  fastness- 
es in  the  mountains,  carried  off 
cattle,  arms,  and  even  the  persons 
of  individuals,  from  their  estates. — 
General  discontent  and  alarm  pre- 
vailed, and  the  public  mind,  vacil- 
lating, and  highly  excited,  was  ripe 
for  revolution. 

In  this  state  of  affairs,  General 
La  Fuente  (who  was  said  to  favour 
the  views  of  Bolivar)  made  a  move- 
ment upon  Lima,  at  the  head  of  his 
division  of  1500  men,  and  taking 
possession  of  the  city  and  of  Call  ao, 
effected  a  bloodless  re  volution  of  the 
government.  General  Lamar  was 
displaced.  La  Fuente  himself,  as- 
sumed the  Vice-Presidency  in  the 
room  of  Don  Manuel  Salazar,  and 
issued  the  following  decree  • 


532 


ANNUAL  REGISTER,  1827-8-9. 


Considering,  1.  That  the  Republic  is 
on  the  borders  of  destruction,  through 
the  errors,  want  of  energy  and  respecta- 
bility of  the  former  administration : 

2.  That  all  the  good  Peruvians  have 
solemnly  manifested   their  desire  for  a 
judicious  change : 

3.  That  I  should  be  responsible  before 
God  and  man,  if  I  should  disobey  the  voice 
of  the  people  and  of  the  army,  who  have 
demanded  to  place  me  at  the  head  of 
public  affairs : 

4.  That  as  a  Peruvian  and  as  a  man, 
I  ought  to  shrink  from  no  sacrifice  to  save 
the  country  in  the  present  horrible  crisis. 

5.  That   the  Vice-President  who  was 
charged  with  the  executive  power,  being 
convinced  of  the  necessity  of  a  change  for 
the  reasons  above  stated,  and  for  many 
others  which  are  known  to  the  public, 
has  relinquished  the  command  hi   my 
favour :  . 

IT  IB  DECREED, 

1.  From  this  date,  the  direction  of  the 
Republic  is  provisionally  vetted  in  my 
person,  and  will  be  exercised  by  me  until 
the  meeting  of  the  national  representa- 
tion, under  the  title  of  Supreme  Chief. 

2.  At  ,10  o'clock  on  the  morning  of 
the  8th  inst.  the  generals  and  officers  of 
the  army  and  navy — the  civil,  military, 
and  ecclesiastical  authorities — will  meet 
in  the  hall  of  the  government  house,  to 
proffer  their  respective  allegiance. 

ANTONIO  GUTIERREZ  DE  LA  FUENTE. 
Government  House  in  Lima,  6th  June, 
1829. 

This  change  of  affairs  caused 
general  satisfaction,  and  the  peo- 
ple began  to  look  for  a  cessation 
of  hostilities. 

Their  expectations  were  soon 
realized.  On  the  18th  of  April 
the  Peruvian  frigate  Pruebla  had 
been  destroyed  by  fire  in  the  har. 
bour  of  Guayaquil.  This  accident, 
in  giving  to  the  Colombians  the 
entire  control  of  the  Pacific,  ser- 
ved also  to  hasten  the  termination 
of  the  war. 

On  the  19th  of  June  the  Colom- 


bian army  was  at  Sarnboradon, 
headed  by  the  Liberator  in  person. 
A  communication  was  addressed  to 
the  Peruvian  general,  demanding 
the  restitution  of  Guayaquil,  and 
threatening  an  attack  in  case  of 
refusal.  This  communication  led 
to  a  correspondence  between  the 
two  commanders,  which  resulted  in 
an  armistice,  or  preliminary  eon- 
vention  of  peace,  between  the  two 
nations. 

By  this  instrument  the  duration 
of  the  armistice  was  fixed  at  seven* 
ty  days  ;  and  all  hostilities,  by  sea 
and  land,  were  to  be  suspended ; 
the  department  of  Guayaquil  and 
its  fortresses,  were  to  be  put  at  the 
disposal  of  the  government  of  Co. 
lombia  ;  the  blockade  of  the  south- 
ern coast  of  Colombia  was  to  be 
raised,  and  a  negotiation  for  a  de- 
finitive treaty  immediately  com- 
menced. 

On  the  31st  of  August,  congress 
met,  and  chose  General  Gamarra 
president,  and  General  La  Fuente 
vice-president.  Commissioners 
were  appointed  to  negotiate  the 
treaty  of  peace ;  and  on  the  22d  of 
September,  1829,  a  definitive  treaty 
was  concluded  between  the  two 
nations.  This  treaty  provides  for 
the  adjustment  of  the  boundary  lines 
(which  were  in  general  to  conform 
to  those  between  the  old  vice- 
royalties  of  NewGrenada  and  Peru) 
by  a  commission ;  for  the  reduc- 
tion of  the  armies  on  the  frontiers: 
for  the  free  navigation  of  all  rivera 


PERU  AND  BOLIVIA. 


and  lakes  which  cross  the  dividing 
boundary  line,  and  for  the  adjust- 
ment  of  the  amount  of  the  debt 
from  Peru  to  Colombia,  by  a  joint 
commission.* 

Thus  terminated  this  unhappy, 
and  to  Peru  disastrous  war.  The 
power  of  Colombia  was  much  su- 
perior to  that  of  Peru,  her  re- 
sources  greater,  her  armies  com- 
posed  of  disciplined  and  expe- 
rienced veterans,  and  above  all, 
headed  by  officers  whose  skill  and 
courage  Peru  had  herself  witness. 
ed.  Weakened  also  as  she  was 
by  intestine  divisions,  it  is  not  sur- 
prising  that  in  the  contest  Peru 
should  have  been  humbled  and  de- 
feated. But  the,  moderation  of  the 
terms  imposed  by  the  victor,  affords 
one  of  those  favourable  indications 
in  the  character  of  the  Liberator, 
which  notwithstanding  his  pertina- 
city in  holding  the  supreme  au- 
thority, and  his  success  in  aug- 
menting its  powers,  lead  us  to 
hope  that  he  will  yet  perceive  how 
lasting  honour  is  to  be  acquired, 
and  that  he  will  not  add  another 
name  to  the  long  and  melancholy 
list  of  fortunate  soldiers,  who  have 
disappointed  the  hopes  of  the 
friends  of  freedom. 

The  republic  of  Upper  P«ru,  call- 
ed Bolivia,  like  the  other  states  of 
South  America,  has  hitherto  been 
the  prey  of  revolutions  and  anarchy. 

When  in  1824,  by  the  decisive 


battle  of  Ayacucho,  the  liberties  of 
the  country  had  been  placed  upon 
a  foundation  secure  from  every 
danger  but  those  brought  upon  it 
by  domestic  factions,  the  people 
with  the  characteristic  enthusiasm 
of  Spaniards  in  a  moment  of  trans- 
port,  decreed  extraordinary  ho- 
nours  to  the  Liberator  of  Colom- 
bia ;  assumed  his  name,  and  re- 
quested a  memorial  of  his  worth  as 
a  legislator,  in  the  formation  of  a 
constitution  for  the  new  republic. 

The  victorious  Sucre  whose,  glo- 
rious fate  it  was  to  lead  the  pa- 
triots  in  this  decisive  defeat  of  the 
Spanish  arms,  was  rewarded  with 
the  title  of  Marshal  of  Ayacucho, 
as  indicative  of  the  theatre  of  his 
most  illustrious  achievement;  and 
when  the  founder  of  the  republic, 
in  the  plenitude  of  his  own  power, 
assumed  the  task  imposed  upon 
him,  and  granted  a  political  code  to 
the  people,  the  Marshal  of  Ayacu- 
cho was  at  once  elected  to  the  of- 
fice  of  President  for  life. 

The  Bolivian  code  has  hitherto 
been  the  subject  of  comment  in  our 
former  volumes ;  yet  deeming  it,  as 
we  do,  the  cause  of  much  of  the 
sanguinary  civil  strife  that  has  en- 
sued in  the  new  states  of  America, 
we  shall  recapitulate  a  few  of  its 
leading  features. 

The  fame  of  Bolivar  has  per- 
haps suffered  more  from  this  "  con- 
fession of  his  political  faith/'  than 
from  any  other  cause. 


*  Vide  Public  Document*,  2nd  part. 


534 


ANNUAL  REGISTER,  1827-8-9. 


The  most  odious  feature  of  the 
Bolivian  constitution,  is  the  irre- 
sponsibility and  perpetuity  of  the 
executive.  Chosen  in  the  first  in- 
stance  by  the  legislature,  holding 
his  office  for  life,  and  having  the 
power  to  nominate  his  sucessor : 
in  addition  to  his  irresponsibility 
for  any  acts  committed  by  him,  the 
President  possessed  the  power  of 
filling  every  office  in  the  state  ;  ap- 
pointing and  removing  at  pleasure* 
The  immense  power  thus  placed  in 
the  hands  of  the  executive,  was 
without  any  other  check  than  a 
clause  securing  the  inviolability  of 
persons  and  property.  The  form 
of  government  was  central  or  con- 
solidated, and  in  this  respect,  was 
perhaps  better  suited  to  the  wants 
of  that  people,  than  any  other  form. 
The  legislative  power  was  of  a  no- 
vel and  absurd  character. 

It  consisted  of  three  branches, 
called  tribunes,  senators,  and  cen- 
sors; the  tribunes  elected  for  four 
years,  senators  for  eight,  and  cen- 
sors for  life.  The  allusions  so  fre- 
quently made  in  the  proclamations 
and  messages  of  Bolivar,  to  the 
names  of  Roman  and  Grecian  war- 
riors and  statesmen,  with  the  sound- 
ing titles  given  to  the  different 
branches  of  this  complicated  form 
of  government,  point  to  the  sour- 
ces whence  he  obtained  mate- 
rials  for  his  favourite  child,  thus 
brought  into  existence,  and  spring- 
ing full  grown  from  his  teeming 
imagination.  Notwithstanding  its 


manifest  absurdities,  the  represen- 
tative wisdom  of  Bolivia  adopted  it 
without  a  murmur,  and  at  onee 
elected  Sucre  President,  in  viola- 
tion  of  one  of  its  articles,  requiring 
the  President  to  be  a  native  of  the 
country* 

Sucre  accepted  the  office  on  con- 
dition  that  2000  Colombian  troops 
should  remain  with  him  for  two 
years.  This  was  acceded  to,  and 
the  netv  administration  went  inta 
effect; 

Bolivar,  elated  with  his  new 
prospects  of  fame  and  power,  had 
also  imposed  the  Bolivian  code  up«i 
on  Lower  Peru,  when  he  was  called 
by  the  insurrection  of  Paez,  and 
the  threatening  aspect  of  affairs,  to 
Colombia.  Upon  his  departure, 
his  opponents  began  to  gather 
strength.  The  Bolivian  code  was 
overturned  in  Peru,  mainly  by  the 
instrumentality  of  his  own  soldiers, 
the  third  division  of  the  Colombian 
army ;  and  General  La  Mar,  dis- 
tinguished for  his  opposition  to  the 
views  of  the  Liberator,  had  assumed 
the  reins  of  government.  It  was 
evident  that  the  power  of  Bolivar 
was  on  the  wane,  and  people  began 
to  look  more  critically  into  his  con- 
duct,  and  to  scrutinize  his  motives. 

Popular  opinion,  that  irresistible 
power  whic  hhad  driven  the  parti- 
sans of  monarchy  from  their  high 
places  on  this  continent,  that  even  in 
the  old  world  has  compelled  the  le- 
gitimates of  Europe  to  swerve  from 
their  purposes,  now  commenced 


PERU  AND  BOLIVIA. 


535 


the  work,  that  threatened  to  over, 
turn  the  power  and  the  popularity 
of  the  Liberator. 

At  length  the  flame  burst  forth 
at  Chuquisaca,  in  the  spring  of 
1828.  An  insurrection  ensued, 
and  President  Sucre  was  wounded, 
and  lost  his  arm  in  his  endeavours  • 
to  quell  the  tumult. 

The  revolutionary  party  had  also 
called  to  their  aid  the  forces  of 
Peru;  and  General  Gamarra,  at 
the  head  of  about  6,000  men,  en- 
tered the  territories  of  Bolivia. 

On  the  llth  of  May,  1828,  the 
Peruvians  made  their  entry  into  La 
Paz,  and  their  commander  issued 
an  address  to  the  people,  in  which 
he  sets  forth  the  causes  which  led 
to  an  invasion  of  the  Bolivian  Re- 
public. 

M I  come,"  says  he,  "  because  the  inha- 
bitants of  Chuquisaca,  Potosi,  and  other 
towns,  circumjacent  to  your  city,  compo- 
sing the  liberal  portion  of  your  citizens, 
have  flailed  me  from  the  other  side  of  the 
Desagundero.  It  is  not  my  wish  to  inter- 
fere in  domestic  concerns,  to  grant  offices 
and  exact  money,  wherewith  I  am  more 
than  abundantly  supplied.  My  sole  de- 
sire is  to  rescue  Bolivia  from  the  ambitious 
away  of  foreign  rulers,  who,  in  freeing 
you  from  ignominious  chains,  have  im- 
posed others  still  more  galling,  if  possible, 
than  those  of  Spain. 

"  Subjected  to  the  yoke  of  mercenary 
despots,  you  have  invariably  been  the 
mere  sport  of  their  caprice.  Peru  could 
no  longer  behold  with  indifference  the 
misfortunes  of  Bolivia.  A  permanent 
and  an  irresistible  authority  are  inconsis- 
tent with  the  enlightened  spirit  of  our 
times,  and  examples  highly  pernicious  to 
our  sister  republics.  Ambition  is  unknown 
to  me ;  to  leave  you  an  independent  people 
shall  constitute  my  only  reward ;  and 
when  unincumbered  by  your  spoils,  and 
unpolluted  by  exaction,  the  liberating  ar- 


my shall  withdraw  from  your  land,  I 
trust  that  the  kiss  of  peace  will  hallow 
our  farewell.  For  freemen  conquest  has 
no  incentives ;  ambition  no  charms.  The 
Peruvians  are  not  usurpers ;  to  foreigners 
who  fought  to  enslave  your  country,  the 
stigma  of  such  a  title  alone  appertains." 

Gamarra,  also,  in  another  com- 
munication, forwarded  to  La  Paz, 
announcing  his  approach,  descri- 
bed his  object  to  be,  to  save  the 
life  of  Sucre,  which  was  threaten- 
ed by  the  insurgents  at  Chuquisaca, 
and  to  mediate  between  the  two 
factions  which  distracted  the  coun- 
try. To  this  communication,  Don 
Jose  C.  Andrade,  in  behalf  of 
Sucre,  whose  wound  prevented  hia 
personally  answering  the  commu- 
nication, replied,  stating  that  the 
mutiny  at  Chuquisaca  was  a  tri- 
vial affair,  and  protesting  against 
any  intervention  on  the  part  of 
Peru,  in  the  domestic  concerns  of 
the  country, 

He  beseeches  Gamarra,  if  his 
professions  are  sincere,  to  retire 
from  Bolivia,  and  forbids  any  ap- 
plications to  the  Colombian  troops 
quartered  in  the  country. 

Gamarra,  having  continued  his 
march,  the  President  interim  issued 
a  proclamation,  calling  the  Boli- 
vians to  arms.  General  Urdineta 
had,  meanwhile,  been  despatched 
from  Colombia  with  3000  troops  to 
the  assistance  of  Sucre,  but  furnish- 
ed no  effectual  aid.  The  Peru- 
vians entered  town  after  town,  with- 
out resistance  ;  and,  weakened  as 
the  government  was  by  the  de- 


536 


ANNUAL  REGISTER,  1827-8-9. 


fection  of  their  principal  officers 
who  joined  the  invaders  in  large 
numbers,  Gamarra  soon  succeed- 
ed in  compelling  the  government 
to  accept  his  terms  of  mediation. 
The  preliminaries  of  peace  were 
signed  on  the  6th  of  July  at  Piquisa, 
between  Gamarra  and  Urdineta, 
who  was  invested  with  full  powers 
by  Sucre,  in  substance  as  follows : 

In  fifteen  days,  the  generals  on 
both  sides  were  to  set  out  and  leave 
the  country,  and/emain  out  of  it  on 
half  pay  until  the  national  assem- 
bly should  convene,  when  it  should 
be  determined  whether  they  were 
to  continue  in  the  service  of  arms. 
The  grenadier  and  hussar  squad- 
rons of  Colombia  were  to  march  to 
Arica,  where  transports  were  to  be 
furnished  to  take  them  home  at 
the  expense  of  Bolivia.  The  con- 
stituent congress  of  Bolivia  was  to 
be  convoked  for  the  1st  August  at 
Chuquisaca,  to  receive  Sucre's  re- 
signation, to  name  a  provisionary 
government,  and  to  call  immediate- 
ly a  national  assembly  to  revise, 
modify,  or  retain  the  constitution. 

This  assembly  was  also  to  nomi- 
nate a  president,  and  determine 
when  the  Peruvian  army  should 
leave  the  country.  That  army  was 
in  the  mean  time  to  occupy  the 
department  of  Potosi,  and  on  the 
meeting  of  congress  to  move  for 
Paz  and  Oruno ;  and  as  it  eva- 
cuated the  departments,  they  were 
to  be  filled  with  Bolivian  troops. 
Oblivion  of  all  past  acts  was  agreed 


on  ;  and  the  two  republics  were  to 
re-establish  at  once  their  diploma- 
tic relations. 

The  authority  of  President  Sucre 
haying  been  thus  suppressed,  the 
Colombians  embarked  at  Arica  for 
Guayaquil.  Sucre  having  sent  in 
his  resignation  to  the  congress  which 
assembled  on  the  3d  of  August, 
immediately  embarked  in  an  Eng- 
lish ship  for  Callao,  where  he  arri- 
ved on  the  10th  of  September.  He 
here  tendered  his  services  to  effect 
a  reconciliation  of  the  difficulties 
between  the  two  governments  of 
Peru  and  Colombia,  which  were 
refused.  He  embarked  at  this 
place  for  Guayaquil,  and  on  his 
arrival  was  appointed  by  Bolivar 
commander  extraordinary  of  the 
department  of  the  south,  in  which 
capacity  he  afterwards  ratified  the 
disgraceful  capitulation  of  the  Pe- 
ruvians at  Tarqui. 

On  the  retirement  of  Sucre,  Ge- 
neral Velasco  filled  the  presiden- 
tial chair.  Gamarra,  who  was  on 
his  march  to  Colombia,  was  'dis- 
pleased with  this  appointment ;  and 
notwithstanding  his  assertion  that 
it  was  not  his  wish  to  interfere  in 
the  domestic  concerns  of  the  coun- 
try, he  wrote  to  General  Blanco, 
advising  him  to  march  upon  La  Paz 
with  his  army,  to  displace  Velasco, 
and  to  remove  every  class  of  offi- 
cers hostile  to  him,  appointing 
others  on  whom  he  could  depend 
in  their  stead. 

Blanco  did  not  think  it  neces- 


PERU  AND  BOLIVIA. 


sary  to  follow  this  advice,  but  re- 
mained quiet  until  the  meeting  of 
the  convention,  which  assembled 
on  the  16th  of  December.  This 
body  displaced  Velasco,  and  elect- 
ed  General  Blanco  president,  and 
General  Loaysa  vice-president. 
On  the  31st  of  December  a  revo- 
lution broke  out  at  the  capital, 
headed  by  Colonels  Armoso,  Vera 
and  Bollivian,  which  resulted  in 
the  deposition  and  death  of  Blanco, 
who  was  killed  by  the  troops  on 
the  night  of  the  1st  of  January.  A 
provisionary  government  was  es- 
tablished temporarily,  with  Velasco 
at  its  head,  until  a  new  president 
could  be  elected.  The  existing 
form  of  government  remained,  and 
shortly  after  General  Santa  Cruz 
was  chosen  president. 

Santa  Cruz  was  formerly  presi- 
dent of  Lower  Peru,  whence  he 
had  been  banished  with  the  title 
of  minister  plenipotentiary  to  Chili. 
His  personal  popularity,  united  to 
great  talents  and  experience,  with 
the  fact  of  his  being  a  native  of 
Bolivia,  marked  him  out  for  the 
station  of  president,  and  on  his 
election  all  parties  rejoiced  in  the 
prospect  of  a  restoration  of  tran- 
quillity. On  his  acceptance  of  the 
appointment  conferred  upon  him, 
the  citizens  of  Chilii,  in  testimony 
of  their  respect  for  his  private 
worth,  fitted  out  the  national  cor- 
vette Achilles  to  transport  him  to 
his  native  country. 

VOL.  III. 


On  his  arrival  at  Arequiepa  he 
was  received  with  acclamations, 
and  his  march  to  the  capital  was  a 
continued  scene  of  triumph. 

The  following  address  was  is- 
sued  by  him  to  the  people,  on  as- 
suming the  executive  power. 

Fellow  citizens ! 

I  am  here  in  the  midst  of  you,  constrain- 
ed by  your  entreaties,  with  a  heart  wholly 
intent  on  your  felicity.  Your  misfortunes 
have  awakened  my  sensibility,  and  indu- 
ced me  to  fly  to  your  succour.  I  come  to 
Bolivia,  determined  to  sacrifice  my  ease 
and  even  my  life,  in  justification  of  the 
confidence  you  have  reposed  in  me. 

Fellow  citizens ! — All  America  has 
been  astonished  at  your  misfortunes.  The 
events  which  have  taken  place  in  Bolivia, 
are  a  disgrace  to  liberty.  On  passing  the 
boundary  of  your  territory,  I  have  entered 
a  country  entirely  disorganized,  its  laws 
sunk  into  oblivion,  its  repose  interrupted, 
its  inhabitants  mutually  jealous  and  hos- 
tile to  each  other,  and  in  short,  all  the 
branches  of  the  administration  thrown 
into  disorder.  Such  are  the  melancholy 
circumstances  in  which  I  find  Bolivia  on 
my  induction  into  office.  Happy  shall  I 
be,  if  I  succeed  in  fulfilling  my  duties,  and 
in  accomplishing  all  the  good  which  you 
have  expected  from  me. 

Fellow  citizens! — The  most  majestic 
measures  are  scarcely  sufficient  to  remedy 
the  evils  you  have  suffered,  and  which 
still  threaten  you.  I  am  resolved  to  adopt 
them.  Authorized  by  circumstances,  and 
by  your  own  will,  which  has  called  me  to 
save  you  from  certain  destruction;  I 
shall  prepare  the  way  of  your  felicity,  and 
overcome  in  the  best  manner  I  can,  the 
difficulties  which  may  present  themselves. 
Observe  that  I  cannot  attach  myself  to 
the  party  interests  which  have  distracted 
you.  One  only  principle  shall  actuate 
me,  viz. :  a  desire  for  the  general  welfare. 
My  administration  will  be  impartial,  my 
politics  frank  and  unalterable,  and  my 
system  consistent.  Avoiding  the  two  ex- 
tremes equally  destructive  to  government, 
oppression  and  inefficiency,  I  shall  respect 
your  rights,  sustaining  with  my  blood,  the 
sacred  vow  of  national  independence.  I 
shall  never  regard  persons,  but  things ; 

68 


ANNUAL  REGISTER,  1627-8-9. 


and  all  my  efforts  will  be  directed  tp  the 
general  good.  Compatriots — Let  there 
be  no  more  disorders.  I  am  come  to  be 
*he  centre  of  all  parties.  Come  and  re- 
pose in  my  bosom,  where  you  will  find 
patriotism  and  good  faith.  I  do  not  wish 
to  know  of  your  divisions  and  past  exces- 
ees.  Tell  me  only  that  you  are  Bolivians, 
and  that  you  know  how  to  obey  the  laws. 
I  promise  you  on  my  part,  that  I  will 
grant  you  repose ;  I  will  establish  your 
destinies  on  the  firmest  basis  of  public 
happiness,  and  you  will  have  the  safest 
guaranties  that  no  one  shall  violate  them 
with  impunity.  Bolivians — this  is  the 
most  auspicious  occasion  which  can  be 
offered,  to  show  yourselves  a  respectable 


and  happy  nation.    Let  it  not  pass  unim- 
proved. 

ANDRE?.  SANTA  CRUZ. 
Palace  of  the  government  in  La  Paz  of 
Auchucho,  24th  May,  1829." 

Since  this  period,  the  country 
has  remained  comparatively  in  a 
state  of  tranquillity,  and  we  sin- 
cerely hope,  that  the  administration 
of  Santa  Cruz  may  result  in  the  pre- 
servation of  the  country  from  that 
frightful  state  of  anarchy,  which  has 
disturbed  its  neighbours. 


CHAPTER  XXI. 


BBAZIL  AND  LA  PLATA. 

War  between  Brazil  and  Buenos  Ayres — Dissolution  of  federate  govern- 
ment of  La  Plata — Maritime  movements — Claims  on  Brazil — French 
claims  enforced — Buenos  Ayrean  privateers — Commissions  recalled — 
Peace — Finances  of  Brazil — Mutiny  at  Rio  Janerio — Change  of  Bra- 
zilian ministry — Terms  of  peace — Bank  of  Brazil — Relations  with 
Portugal — Departure  of  Donna  Maria— Don  Pedro's  Address  to  the 

.   Portuguese  nation; 

BUENOS  AYRES — Dorrego  deposed  and  shot— Civil  war  with  the  interior — 
Expedition  to  Santa  Fe — Conspiracy  in  Capitol — Defeat  of  Southern 
Army — Buenos  Ayres  besieged — Brown  resigns — French  fleet  takes 
possession  of  Buenos  Ayrean  squadron — Peace  agreed  upon — Rupture. 


THE  war  between  Brazil  and 
Buenos  Ayres,  which  contined  du- 
ring a  portion  of  the  time  of  which 
we  intend  to  give  an  account,  ren- 
ders it  convenient  to  treat  of  the 
affairs  of  these  two  countries  in  one 
chapter.  Towards  the  close  of  the 
year  1827,  the  movements  of  the 
belligerents  indicated,  that  they 
were  preparing  for  another  active 
campaign. 

The  diplomatic  interference  of 
the  British  government  in  behalf 
of  the  emperor  of  Brazil,  had  to- 
tally failed  by  attempting  too  much. 
By  inducing  the  negotiator  of  the 
republic,  Manuel  J.  Garcia,  to  con- 
cede all  the  points  in  dispute  to 
Don  Pedro,  it  had  caused  the  re- 
jection of  the  treaty  by  the  Buenos 


Ayrean  government.  A  more  un- 
favourable treaty  could  not  have 
been  forced  upon  it,  after  a  disas- 
trous campaign  ;  and  hitherto,  suc- 
cess had  attended  the  arms  of  the 
republic.  Besides  driving  the  BraJ 
zilian  troops  from  their  positions  in 
Entre  Rios,  and  the  Banda  Orien- 
tal, they  had  invaded  the  province 
of  Rio  Grande,  and  almost  annihi- 
lated the  coasting  trade,  and  block- 
aded the  chief  ports  of  Brazil  by 
means  of  her  numerous  privateers. 
The  finances  and  credit  of  the 
republic  were,  indeed,  at  a  low 
ebb ;  but  this  peace,  of  which  the 
terms  could  scarcely  have  been 
more  unfavourable  if  dictated  by 
Brazil,  of  course  was  rejected ;  and 
its  rejection  led  to  the  resignation 


540 


ANNUAL  REGISTER,  1827-8-9. 


of  Rivadavia,  and  the  almost  unani- 
mous election  of  Don  Manuel  Dor- 
rego,  as  president  of  the  province 
of  Buenos  Ayres. 

This  province  had  latterly  been 
compelled  to  bear  the  chief  burden 
of  the  war — the  national  congress 
and  government  having  voluntarily 
dissolved  on  the  1st  of  August, 
1827,  in  consequence  of  the  total 
disregard  by  the  other  provinces 
of  their  federal  engagements. 

The  provincial  government  of 
Buenos  Ayres,  on  the  27th  of  the 
same  month,  assumed  the  direction 
of  the  war,  and  of  the  foreign  re- 
lation, and  devoted  all  its  energies 
to  the  discharge  of  the  new  duties 
forced  upon  that  province  by  the 
desertion  of  the  others.  Com- 
missioners were  sent  to  the  differ- 
ent  local  authorities,  to  solicit  their 
co-operation  in  the  war ;  and  the 
province  of  Cordova,  the  next  in 
importance  to  Buenos  Ayres,  de- 
termined to  aid  in  the  prosecution 
of  the  war,  and  to  furnish  a  regi- 
ment of  troops,  and  other  assist- 
ance.  Measures  were  also  taken 
to  reunite  the  provinces,  but  with- 
out  success. 

In  the  mean  time,  the  province 
of  Buenos  Ayres  prosecuted  the 
contest  with  renewed  vigour.  The 
hostile  armies  in  Rio  Grande  re- 
mained inactive,  but  some  places 
formerly  belonging  to  the  vice- 
royalty,  called  the  Missiones 
Orientales,  were  reduced  by  the 
forces  of  the  province.  It  was  on 


the  ocean,  however,  that  the  great- 
est activity  was  displayed.  Al- 
though far  inferior,  in  the  force  and 
number  of  vessels,  to  the  Brazilian 
fleet,  their  seamen  were  vastly  su- 
perior  in  courage  and  skill.  Their 
public  armed  vessels  and  privateers, 
almost  invariably  were  successful, 
except  when  opposed  to  over- 
whelming force.  Admiral  Brown, 
with  a  squadron  of  light  vessels, 
kept  the  blockading  Brazilian  fleet 
in  the  La  Plata  in  constant  terror, 
and  in  the  partial  engagements 
which  took  place,  sustained  the 
honour  of  the  republican  flag.  The 
blockade,  however,  was  kept  up 
by  the  Brazilians,  though  not  so 
rigorously  that  it  was  not  some- 
times evaded,  and  at  other  times, 
the  Buenos  Ayrean  cruisers  under- 
took to  force  their  way  through  the 
blockading  squadron. 

On  the  16th  of  June,  1828,  the 
brig  General  Brandzen,  Captain 
De  Kay,  in  returning  from  a  suc- 
cessful cruize,  was  attacked  by  the 
squadron,  and  after  a  most  gallant 
resistance  was  driven  on  shore  and 
destroyed.  The  officers  and  part 
of  the  crew  escaped  in  the  boats. 
In  this  engagement,  a  Brazilian 
brig  of  14  guns  grounded  within 
gun-shot  of  the  fort  on  Point  Lara, 
and  was  sunk  by  the  Buenos 
Ayreani.  The  next  day  a  conflict 
took  place  between  the  two  fleets, 
without  any  decisive  result.  Seve- 
ral partial  engagements  occurred, 
and  the  war  was  continued,  neither 


BRAZIL  AND  LA  PLATA. 


541 


party  being  able  to  make  any  ex- 
traordinary  exertion,  while  their 
resources  were  wasted  and  their 
energies  crippled  by  the  contest. 
Both  parties,  however,  continued 
to  exercise  their  belligerent  rights, 
to  the  great  annoyance  of  neutral 
commerce,  and  so  contrary  to  the 
ordinary  usages  of  civilized  nations, 
as  to  provoke  the  interference  of 
other  powers. 

The  depredations  of  Brazil  had 
already  brought  her  into  collision 
with  the  United  States,  whose  mi- 
nister demanded  his  passports,  as 
mentioned  in  the  2d  volume  of  this 
work.  Prompt  measures,  however, 
were  taken  to  prevent  any  ulterior 
steps,  and  the  Brazilian  minister 
at  Washington  was  directed  to  pro- 
mise indemnity  for  the  illegal  cap. 
Cures;  and  a  convention  was  after- 
wards concluded,  liquidating  the 
amount. 

The  French  minister  had  also 
ineffectually  urged  the  claims  of 
his  own  countrymen,  for  the  cap. 
ture  and  unauthorized  condemna- 
tion of  their  property.  Finding 
that  the  negotiation  was  pro- 
tracted,  and  that  their  just  claims 
were  disregarded,  the  French  go. 
vernment  determined  to  do  itself 
justice,  by  the  same  means  by 
which  it  had  itself  been  compelled 
to  do  justice,  for  a  portion  of  the 
confiscations  of  neutral  property 
by  Napoleon. 

In  the  beginning  of  July,  1828, 
a  French  fleet  made  its  appearance 


before  the  port  of  Rio  Janeiro,  and 
after  forming  in  line  of  battle,  en- 
tered the  harbour  and  anchored 
within  musket-shot  of  the  town,  to 
the  great  surprise  and  terror  of  its 
inhabitants. 

Indemnity  was  then  demanded 
for  the  illegal  captures.  The  Bra- 
zilian  government  sought  to  nego- 
tiate, and  insisted  that  the  squad- 
ron should  relinquish  its  hostile 
attitude.  But  indemnity  or  repri- 
sals  seeming  to  be  the  only  alter- 
native ;  a  promise  of  indemnity  was 
given  by  the  Emperor,  although 
some  objection  was  made  on  the 
part  of  the  chambers,  which  was 
then  in  session. 

With  this  promise  the  admiral 
was  satisfied;  and  the  negotiations 
being  renewed,  a  convention  was 
concluded  on  the  21st  of  August, 
1828,  between  the  two  govern- 
ments,  relative  to  the  indemnities 
to  France.  By  this  convention, 
Brazil  agreed  to  pay  to  the  French 
government  the  value  with  6  per 
cent,  interest,  of  certain  vessels 
captured  by  the  blockading  squad- 
ron, and  definitively  condemned 
by  the  Brazilian  tribunals,  in  three 
several  payments  at  12,  18,  and 
24  months  after  the  liquidation  of 
the  amounts.  The  amounts,  with 
the  damages,  were  to  be  deter- 
mined by  a  joint  commission,  be- 
fore the  28th  of  February,  1829. 

An  additional  article  was  also 
agreed  to,  by  which  the  vessels  of 
either  party  were  not  liable  to  cap- 


542 


ANNUAL  REGISTER,  1827-6-9. 


ture  for  endeavouring  to  enter  a 
blockaded  port,  unless  previously 
warned  off  and  the  warning  regu- 
larly endorsed  on  the  papers  of  the 
vessel. 

While  the  irregular  and  unlaw- 
ful conduct  of  the  naval  officers  of 
Brazil  exposed  their  government 
to  these  indignities;  the  still  greater 
irregularities  of  privateers  sailing 
under  the  Buenos  Ayrean  flag,  sub- 
jected the  republican  government 
to  the  remonstrances  of  the  govern- 
ments of  this  country  and  of  Eng- 
land, on  account  of  the  facility  with 
which  commissions  were  granted  to 
private  armed  vessels. 

Under  pretence  of  warring  upon 
the  enemies  of  Buenos  Ayres,  they 
plundered  American  and  European 
vessels  indiscriminately  ;  and  this 
licensed  piracy  was  carried  to  such 
an  injurious  extent,  as  to  induce 
Lord  Strangford  (whose  intimate 
acquaintance  with  Spanish  and 
Portuguese  affairs  in  both  hemi- 
spheres gave  additional  force  to 
his  observations)  to  remark,  in  his 
place  in  the  House  of  Lords,  that 
these  unwarrantable  commissions 
were  granted,  for  the  express  pur- 
pose of  benefiting  individuals  con- 
cerned in  the  administration  of  the 
Buenos  Ayrean  government. 

One  of  these  privateers  was  ta- 
ken possession  of  in  the  harbour  of 
St.  Bafts,  by  Captain  Turner  of  the 
U.  S.  sloop  of  war  Erie  ;  and  the 
officers  and  crew  of  another  cap- 
tured by  a  British  cruiser,  85  in 


number,  were  executed  in  St. 
Thomas  for  their  outrages  upon 
the  laws  of  nations. 

These  aggravated  abuses  of  bel  • 
ligerent  rights  excited  the  pointed 
attention  of  commercial  nations, 
and  the  American  charge  d'affaires 
at  Buenos  Ayres,  Mr.  Forbes, 
urged  upon  the  government  the 
propriety  of  recalling  all  the  com- 
missions previously  issued  to  pri- 
vate armed  vessels.  This  urgent 
request  was  complied  with  ;  and  on 
the  17th  of  March,  1829,  all  the 
privateer  commissions,  whether  is- 
sued against  Brazil  or  Spain,  were 
annulled,  and  the  national  cruisers 
were  directed  to  disarm  them 
wherever  found.  Previous,  how- 
ever,  to  the  promulgation  of  this 
decree,  the  preliminaries  of  peace 
between  Brazil  and  Buenos  Ayres 
had  been  agreed  upon. 

Both  parties  were  nearly  ex- 
hausted. The  finances  of  the  re- 
public were  in  the  utmost  confu- 
sion, and  it  had  been  even  obliged 
to  suspend  the  payment  of  interest 
on  its  debt  contracted  in  London. 
The  Brazilian  government  was  in 
a  condition  not  much  better.  The 
bank  notes  had  depreciated  40  per 
cent,  within  the  year.  The  report 
of  the  minister  of  finance  showed  a 
deficit  of  5.769.037.000  reis  ;  and 
in  addition  to  the  Want  of  means, 
the  government  was  further  wea- 
kened by  the  mutinous  spirit  dis- 
played by  the  regular  troops.  In 
order  to  maintain  his  power  in 


BRAZIL  AND  LA  PLATA. 


Brazil,  Don  Pedro  had  procured 
between  2  and  3,000  of  German 
and  Irish  soldiers  from  Europe,  to 
enlist  in  his  army.  These  soldiers 
were  kept  in  distinct  regiments,  in- 
stead  of  being  amalgamated  with 
the  rest  of  th«  army.  Brazilian 
officers  were  put  over  them ;  and  as 
if  the  government  had  intended  to 
prepare  the  materials  of  rebellion, 
they  were  kept  unemployed  in  the 
capital,  badly  fed,  and  paid  in  de- 
preciated paper  money."  The 
necessary  consequence  followed. 
They  were  constantly  involved  in 
disputes  with  the  native  inhabitants, 
and  on  the  10th  of  June,  1828,  in 
consequence  of  the  punishment  of 
one  of  the  German  soldiers,  the 
battalion  to  which  he  belonged 
openly  mutinied. 

Having  imprisoned  their  colonel 
and  burnt  their  barracks,  they  be- 
gan to  insult  the  citizens.  The  next 
day  the  other  German  battalion 
followed  their  example.  They  in- 
sisted  that  they  had  been  deceived 
by  the  government  in  the  terms 
of  their  enlistment.  That  they  had 
been  led  to  believe,  that  they 
would  only  be  required  to  act  as 
militia  in  the  settlements  where 
they  might  be  distributed,  and  that 
the  government  had  violated  its 
faith  in  employing  them  in  the  re- 
gular army.  The  government  en. 
deavoured  to  pacify  them,  and  suc- 
ceeded in  persuading  them  to  re- 
turn to  their  quarters ;  but  the  next 
day  their  suspicions  of  its  sincerity, 


543 

and  the  exhortations  of  the  Irish 
soldiers,  who  had  also  determined  to 
mutiny,  induced  them  again  to  re- 
volt ;  and  they  proceeded  to  vio- 
lence and  plunder.  A  scene  of 
confusion  and  disorder  now  ensued, 
in  which  many  of  their  officers 
were  put  to  death ;  and  the  city 
during  three  days  presented  the 
appearance  of  a  place  taken  by 
storm.  The  Brazilian  militia  were 
called  out,  but  they  were  held  in 
too  great  contempt  by  the  muti- 
neers  to  produce  any  effect.  The 
apprehension  of  a  servile  revolt  in- 
creased the  horror  of  the  moment, 
and  it  was  not  until  assistance  was 
furnished  from  the  French  and 
English  fleets  in  the  harbour,  that 
the  government  ventured  to  em- 
ploy the  proper  means  to  quell  the 
revolt. 

After  a  strong  body  of  marines, 
about  600  in  number,  were  landed 
to  protect  the  palace  and  arsenal, 
force  was  resorted  to.  An  action 
took  place,  and  after  some  firing 
the  mutineers  retreated  to  their 
quarters,  and  the  next  day  surren- 
dered, upon  a  pledge  on  the  part  of 
the  English  and  French  ministers, 
that  their  just  complaints  should  be 
attended  to. 

Their  pay  was  then  made  up  to 
them — the  Germans  were  general, 
ly  distributed  in  the  province  of 
Rio  Grande,  the  seat  of  war,  as 
agriculturists,  and  some  were  de- 

tached  to  the  defence  of  the  forts 

and  measures  were  taken  to  send 


ANNUAL  REGISTER,  1827-8-9. 


the  Irish  out  of  the  country,  to  Ca- 
nada and  Ireland.  This  revolt  pro- 
duced  a  change  of  ministry,  and 
probably  hastened  the  conclusion 
of  the  negotiations  of  peace. 

The  want  of  decision  on  the  part 
of  the  government  in  quelling  the 
revolt,  was  imputed  to  the  minister 
of  war,  and  his  seals  of  office  were 
unceremoniously  demanded.  His 
colleagues,  upon  hearing  of  his  dis- 
missal, and  well  knowing  that  his 
inefficiency  was  as  much  the  in- 
efficiency  of  the  Emperor,  who  was 
himself  on  the  spot,  resigned  their 
places  also,  with  the  exception  of 
the  minister  of  foreign  affairs. 
Their  resignations  were  accepted 
and  a  new  cabinet  was  formed, 
Jose  Clemente  Pereira  being  crea- 
ted minister  of  the  Judicial  depart, 
ment;  Jose  Bernardino  Baptista 
Pereira  of  finance  ;  Francisco  Cor- 
deira  da  Silva  Torres,  of  war,  and 
the  Marquis  de  Parangua,  minister 
of  marine.  This  last,  however, 
was  soon  succeeded  by  Miguel  da 
Souza  Mello  e  Alveria.  The  event 
which  led  to  this  change,  plainly 
indicated  the  expediency  of  con- 
cluding the  war  with  Buenos  Ayres ; 
and  the  urgent  advice  of  the  British 
government,  together  with  the  ne- 
cespity  of  devoting  his  attention  to 
the  settlement  of  affairs  in  Portugal, 
had  at  last  disposed  Don  Pedro 
sincerely  to  desire  peace.  The 
government  of  Buenos  Ayres  was 


equally  desirous  of  peace,  it  being 
even  more  necessary  on  account  of 
the  disorganization  of  the  govern- 
ment— then  virtually  dissolved,  and 
every  thing  prognosticating  the 
anarchy  which  speedily  ensued. 

It  was  not,  therefore,  difficult  to 
agree  upon  the  terms  of  pacifica- 
tion. The  quarrel  had  originated 
in  the  claims  ot  Don  Pedro  to  the 
left  bank  of  the  river  La  Plata,  in- 
cluding Monte  Video,  as  part  of  the 
Brazilian  empire.  Buenos  Ayres 
also  claimed  it  as  part  of  the  for- 
mer viceroyalty.  Neither  party 
had  any  just  claim  to  the  disputed 
territory,  whose  inhabitants  desired 
to  be  independent,  and  who,  unaided 
by  either  claimant,  had  achieved, 
and  until  this  war  had  maintained 
their  independence.  The  obstinacy 
with  which  the  contending  parties 
had  urged  their  claims,  had  render- 
ed futile  the  previous  negotiations. 
They  now,  however,  were  compel- 
led by  their  inability  to  continue 
the  contest,  to  relinquish  their  re- 
spective possessions  and  to  agree 
that  the  Banda  Oriental  and  Monte 
Video  should  constitute  an  inde- 
pendent state,  under  a  government 
of  their  own  choice,  whose  indepen- 
dence and  integrity,  were  to  be 
guarantied  by  both  the  contracting 
parties. 

The  treaty*  which  was  conclu- 
ded on  the  27th  of  August,  1828, 
then  proceeds  to  declare,  that  upon 


Vide  Public  Documents,  2d  part. 


BRAZIL  AND  LA  PLATA. 


545 


its  ratification  the  existing  govern, 
ments  of  the  Banda  Oriental  and 
Monte  Video  shall  respectively 
convoke  the  representatives  of  the 
province  and  of  the  city — the  elec- 
tion at  Monte  Video  to  take  place 
without  the  walls  and  free  from  all 
constraint.  The  deputies  were  to 
assemble  at  least  ten  miles  distant 
from  any  military  post,  to  frame  a 
provisional  government,  in  place  of 
the  two  existing  governments, 
which  were  to  cease.  They  were 
then  to  form  a  political  constitution 
for  the  permanent  government, 
which  was  to  be  submitted  to  the 
commissioners  of  the  guarantying 
parties,  for  their  supervision  and 
approval.  The  government  was 
to  be  sustained  in  its  authority 
merely  for  the  preservation  of 
order,  during  the  first  five  years  of 
its  existence,  by  the  two  parties  to 
the  treaty,  and  after  that  term  it  is 
to  be  completely  independent. 

The  Brazilian  territory  was  to 
be  immediately  evacuated  by  the 
republican  forces ;  and  both  parties 
were  to  withdraw  their  troops  from 
the  territory  of  Monte  Video,  with 
the  exception  of  1500  on  each  side, 
which  were  at  liberty  to  continue 
until  four  months  after  the  esta- 
blishment of  the  permanent  govern- 
ment.  They  were  then  to  be  with- 
drawn; hostilities  were  to  cease 
immediately ;  prisoners  to  be  libe- 
rated, and  a  full  amnesty  granted 
to  the  inhabitants  of  Monte  Video 

VOL.  HI. 


and  of  the  Brazilian  territory  oc- 
cupied by  the  Buenos  Ayreans. 

An  additional  article  provided, 
that  the  navigation  of  the  La  Plata 
and  its  tributaries  should  be  open 
to  both  nations  for  15  years.  Itt 
the  month  of  December  succeed- 
ing, the  city  of  Monte  Video  was 
evacuated  by  the  Brazilian  forces, 
according  to  the  stipulations  of  the 
treaty.  General  Rondeau  was  ap- 
pointed provisional  Governor  of  the 
new  power  of  Banda  Oriental,  and 
assumed  the  command  at  the  same 
time. 

A  national  flag  was  then  formed, 
and  declared  to  consist  of  a  white 
ground  with  nine  light  blue  hori- 
zontal stripes,  with  a  sun  in  the 
corner  next  the  staff. 

Thus  terminated  this  unneces- 
sary contest,  which  had  been  so 
long  prosecuted,  to  the  great  injury 
of  the  parties,  the  annoyance  of 
neutral  commerce,  and  without  any 
adequate  motive.  In  the  treaty  of 
peace,  however,  are  to  be  found 
provisions  which  are  well  calcula- 
ted to  produce  further  differences, 
and  which  probably  will  lead  to 
new  hostilities,  unless  the  parties 
are  prevented  by  internal  weakness 
or  dissentions. 

This  seems  to  be  their  more 
natural  destiny. 

Since  the  conclusion  of  the  war, 
Brazil  has  been  endeavouring  to 
remedy  the  evils  under  which  she 
laboured  during  the  contest,  and  to 

69 


J4U 


ANNUAL  REGISTER,  1827-fc-y. 


advance  the  claims  of  Donna  Ma- 
ria to  the  crown  of  Portugal. 

The  greatest  domestic  calamity 
was  the  state  of  the  currency, 
which  chiefly  consisted  of  the  de- 
preciated paper  of  the  Bank  of 
Brazil.  Several  attempts  were 
made  to  reduce  the  amount  in  cir- 
culation,  without  producing  any 
favourable  effect  upon  the  public 
credit.  A  deficit  of  5,769,037,000 
reis  already  appeared.  The  rate 
of  exchange  was  every  day  be- 
coming more  unfavourable;  and 
the  vast  importation  of  slaves,*  a 
trade  which  Brazil,  to  her  disgrace, 
still  authorized,  drained  the  coun- 
try of  specie,  and  contributed  to 
augment  the  existing  embarrass* 
ments. 

In  order  to  remedy  the  defects 
of  the  currency,  the  executive  go- 
vernment, in  April,  1829,  proposed 
to  the  chambers  the  following 
articles : 

Ait  1.  The  Bank  of  Brazil  shall  be 
administered  by  a  Commission  of  seven 
members,  four  of  whom  shall  be  appointed 
by  the  Government,  and  three  by  a  ma- 
jority of  votes  of  a  general  assembly  of 
the  said  Bank.  The  Government  will 
select  the  president  of  the  commission 
from  among  the  seven  members,  and  the 
said  assembly  shall  fix  the  monthly  remu- 
neration which  shall  be  due  to  their  ser- 
vices. As  soon  as  the  commission  is  in- 
stalled, all  the  existing  agreements  with 
the  Bank  shall  cease. 

Art.  2.  The  directing  commission  shall 
be  incessantly  engaged — first,  in  with- 
drawing from  circulation  all  notes  which 
are  payable  at  the  Bank,  or  may  have  a 
metallic  currency;  secondly,  in  ascer- 


taining the  exact  number  of  notes  in  cit- 
culation,  substituting  for  them  new  ones, 
which  shall  be  signed  by  two  members ; 
thirdly,  in  winding  up  all  the  accounts  of 
the  Bank,  and  especially  those  relating  to 
the  debt  of  Government ;  fourthly,  in 
liquidating  all  the  regular  transactions  of 
the  Bank,  which  may  be  found  still  pend- 
ing ;  fifthly,  in  receiving  the  active  cre- 
dits of  the  Bank,  and  liquidating  the  pas- 
sive ones  forthwith;  and  sixthly,  in  ex- 
amining the  state  of  the  Bahia  Orphans' 
Fund,  and  of  St.  Paul,  and  to  liquidate 
both  with  speed. 

Art.  3.  The  Government  shall  give  to 
the  directing  commission  the  necessary 
instructions,  and  will  decide  on  cases  of 
doubt,  which  may  occur  in  the  execution 
of  the  preceding  article. 

Art.  4.  The  nation  shall  acknowledge 
the  current  value  of  the  present  notes  of 
the  Brazil  Bank,  and  those  which  may 
be  substituted  for  them,  so  that  they  may 
freely  circulate,  and  be  received  as  readi- 
ly as  specie  by  the  public  until  they  are 
duly  redeemed,  in  security  for  which  the 
primitive  funds  of  the  Bank  are  assigned 
—that  is,  its  funds  of  reserve,  or  the  me- 
tallic funds  existing  in  its  coffers,  the  debt 
of  the  Government,  the  debts  of  private 
individuals  to  the  Bank,  and  every  thing 
else  which  may  constitute  the  credits  of 
the  Bank.  The  deposits  in  the  Bank  are 
also  assigned  as  security  to  the  public. 
Art.  5.  The  debt  of  the  Government 
to  the  Bank,  before  and  after  the  liqui- 
dation by  the  Directing  Commission, 
shall  continue  to  pay  an  interest  of  1 
per  cent.,  which  will  be  given  by  the 
public  Treasury  to  the  said  Commission, 
that  it  may  be  divided  half-yearly  among 
the  shareholders. 

Art.  6.  The  Directing  Commission  shall 
render  to  the  Government  a  monthly  ac- 
count of  their  labours,  and  shall  every 
year  lay  before  the  Legislative  Assem- 
bly a  statement  of  the  affairs  of  the 
Bank,  and  of  the  administration  of  them ; 
and  when  the  Commission  has  concluded 
the  liquidation  of  the  Bank's  debts  and 
credits,  and  redeemed  its  notes,  they 
shall  distribute  the  balance  which  may 
remain  among  the  shareholders,  and  then 
dissolve  the  establishment. 

Art.  7.  The  Government  shall  be  au- 
thorized to  contract  a  loan  in  gold  or 


*  In  1827,  the  number  of  slaves  imported  into  Brazil,  amounted  to  29,787, 
1828,  to  43,555;  and  in  the  first  quarter  of!829.  to  13,459. 


BRAZIL  AND  LA  PLATA. 


547 


fcilver  specie,  equal  to  the  three  firths  of 
the  amount  of  its  actual  debt  to  the  Bank. 
The  produce  of  this  loan  shall  be  exclu- 
sively applied  to  the  purchase  of  notes  of 
the  said  Bank  which  are  in  circulation, 
according  to  the  value  they  may  be  found 
to  bear  on  the  market :  and  all  the  notes 
thus  bought  up  shall  have  no  longer  any 
value,  excepting  as  payment  to  the  Di- 
recting Commission  on  account  of  the 
said  debt  to  the  Bank. 

Art.  8.  The  purchased  notes  from  the 
market,  which  are  to  be  cancelled  and 
delivered  to  the  Directing  Commission, 
shall  remain  for  the  account  of  the  Junta, 
and  employed  in  the  reserve  fund  created 
by  the  law  of  the  15th  of  November, 
1827,  so  that  they  may  be  delivered  up 
by  the  public  treasury  to  the  Junta  in 
extinction  of  the  said  loan,  in  proportion 
as  they  are  received. 

Art.  9.  The  produce  of  the  loan,  au- 
thorized by  the  present  law,  shall  not  be 
applied  to  any  purpose  but  that  which  is 
specified  in  the  7th  article,  on  pain  of  the 
penalties  attached  to  those  who  dissipate 
the  national  property  ;  neither  shall  the 
bank  notes  withdrawn  with  that  produce 
be  applied  to  any  other  purpose  than  that 
specified  in  that  article,  under  pain  of  the 
same  penalties. 

Art.  10.  (This  article  authorizes  the 
Chamber  of  Deputies  to  furnish  the  ne- 
cessary subsidies,  or  a  sufficient  revenue, 
for  the  annual  payment  ef  interest,  and 
for  the  sinking  fund  reserved  for  the  loan 
in  question.) 


The  legislature  adopted  the  fman- 
cial  suggestions  of  the  executive 
without  much  deliberation ;  but  the 
Emperor  finding  that  notwithstand- 
ing these  votes  the  difficulties  con- 
tinued,  intimated  in  his  speech  at 
the  close  of  the  session,  his  dissa- 
tisfaction, that  no  effectual  remedy 
was  devised  for  the  pecuniary  dis- 
tress  of  the  government.  The  af- 
fairs of  Portugal,  which  had  been 
increasing  in  interest  since  the 
granting  of  the  charter  by  Don  Pe- 
dro, occupied  his  attention  almost 


exclusively,  after  the  close  of  the 
war,  with  Buenos  Ayres.  The  se- 
paration of  the  two  kingdoms,  and 
the  events  which  followed  the  pro- 
mulgation of  the  charter,  have 
been  already  narrated  in  the  chap- 
ter on  Portugal. 

Upon  hearing  of  the  ungracious 
reception  given  to  his  charter,  and 
of  the  rebellion  of  Chaves,  Don 
Pedro  was  very  indignant,  and  in- 
timated that  had  he  not  have  been 
detained  in  Brazil  by  the  most  im- 
perious necessity,  he  would  have 
visited  Portugal  in  person  to  put 
down  the  insurrection.  This,  how- 
ever, was  not  practicable,  and  pro- 
bably the  intimation  itself  was  but 
a  political  ruse.  He  then  turn- 
ed his  attention  to  Don  Miguel, 
whom  he  appointed  as  his  lieuten- 
ant, to  govern  the  kingdom  accor- 
ding to  the  charter,  during  the  mi- 
nority of  his  daughter.  In  order 
to  secure  the  fidelity  of  his  brother, 
Don  Pedro  issued  certain  decrees, 
in  which  he  declared  his  abdication 
of  the  crown  of  Portugal  condi- 
tional and  incomplete,  until  the 
marriage  of  Don  Miguel  and  Donna 
Maria.  Until  this  event  should 
take  place,  Don  Pedro  claimed  to 
exercise  the  rights  of  sovereign  ; 
and  he  created  peers ;  money  was 
coined  in  his  name,  and  all  the  acts 
of  government  run  in  his  name,  and 
not  in  the  name  of  his  daughter. 

In  this  manner  he  thought  to 
secure  both  kingdoms  to  his  chil- 
dren ;  and  the  British  cabinet,  (for 


ANNUAL  REGISTER,  1821-S-y, 


we  find  it  difficult  to  avoid  the  con- 
elusion,  that  these  movements  were 
made  with  its  approbation,  and  pro- 
bably  originated  with  its  minister,) 
believed,  that  it  would  thus  main, 
tain  its  controlling  influence  in  both 
divisions  of  the  ancient  kingdom  of 
Portugal.  It  was,  however,  soon 
ascertained  that  the  Portuguese 
nation  were  unwilling  to  submit  to 
decrees  emanating  from  a  govern- 
ment on  the  other  side  of  the  At- 
lantic.  The  necessity  which  had 
compelled  the  reigning  family  to 
flee  from  Portugal,  having  ceased, 
it  was  of  course  expected  that  the 
monarch  should  return  to  the  resi- 
dence of  his  ancestors  ;  and  al- 
though while  the  question  was  still 
pending,  the  principle  of  legitimacy 
procured  some  respect  for  the  au- 
thority  of  Don  Pedro  ;  that  feeling 
rapidly  subsided,  when  it  was  known 
that  he  intended  to  continue  in  Bra- 
zil, and  that  Portugal  was  to  be  go- 
yerned  as  a  dependency  of  its  for- 
mer colony. 

To  avert  the  crisis  which  this 
state  of  popular  feeling  was  hasten- 
ing, Don  Pedro,  on  the  3d  of  March, 
1828,  issued  another  decree,  re- 
signing  the  crown  in  favour  of  Don- 
na Maria  unconditionally,  and 
charging  Don  Miguel,  in  his  cha- 
racter of  Regent,  with  the  execu- 
tion  of  that  decree.  While  Don 
Pedro  was  promulgating  these  de- 
crees, for  the  settlement  of  Portu- 
gal, Don  Miguel  was  preparing  to 
assume  the  crown  in  his  own  right 


as  absolute  king  ;  and  before  the 
decree  of  the  3d  of  March  arrived 
in  Europe,  the  charter  was  over- 
thrown, and  the  convocation  of  the 
cortes  had  been  resolved  upon,  with 
the  view  of  establishing  the  go- 
vernment upon  its  ancient  footing. 
The  scheme,  therefore,  of  putting 
Donna  Maria  on  the  throne,  was  no 
longer  practicable,  except  by  means 
of  a  war,  or  a  revolution. 

Notwithstanding  the   suspicious 
movements  of  Don  Miguel,  and  the 
great  probability  of  the  rejection  of 
the  proposed  arrangement,  it  was 
thought  expedient,  that  she  should 
sail  for  Europe,  in  the  expectation 
that  Don  Miguel  would  be  content 
to  reign  with  her,  rather  than  ha- 
zard  the  consequences  of  a  refusal. 
On  the  5th  of  July,  1828,  she  ac- 
cordingly sailed  from  Rio  Janeiro, 
accompanied  by  General  Brandt, 
the  Marquis  de  Barbacena,  and  ar- 
rived at  Gibraltar,  as  we  have  al- 
ready stated,  in  the   chapter  on 
Portugal.  Scarcely  had  the  squad- 
ron left  the  harbour,  when  the  news 
arrived  of  the  convocation  of  the 
cortes,  for  the  purpose  of  authori- 
zing Don  Miguel  to  assume  the 
crown  in  his  own  right.     This  in- 
formation demonstrated  the  futility 
of  the  plan  to  force  a  constitutional 
government  on  the  Portuguese  na. 
tion,  in  the  form  of  a  grant  from 
the  representative  of  its  legitimate 
monarchs.     Free  institutions  can 
only  spring   from   an   enlightened 
public  opinion,  or  from  a  govern- 


BRAZIL  AND  LA  PLATA. 


549 


ment  in  the  actual  exercise  of  au- 
thority ;  and  the  attempt  to  confer 
them  upon  an  ignorant  people,  ac- 
customed to  servitude,  while  their 
administration  was  intrusted  to  a 
party  of  different  principles  and  in- 
terests from  those  who  framed  the 
charter,  was  a  solecism  in  politics 
which  could  only  have  originated 
in  the  school  of  British  diplomacy. 
Such  an  attempt  must  inevita- 
bly end  in  the  overthrow  of  the 
government  thus  created,  or  in 
its  establishment  and  maintenance 
by  force.  No  other  result  ought 
to  have  been  contemplated,  and 
the  persisting  in  the  course  of 
policy  originally  devised,  after  the 
reluctance  of  the  Portuguese  na- 
tion was  so  apparent,  proves  the 
folly  and  weakness  of  Don  Pedro, 
and  his  foreign  diplomatic  advisers. 
He  still,  however,  thought  to  over- 
come their  reluctance  by  paper 
edicts,  and  on  the  25th  of  July,  he 
issued  the  following  address  : 

Portuguese ! — It  is  not  as  your  king 
that  I  am  now  addressing  you,  as  my 
abdication  has  been  completed  ;  but  as 
the  father  of  your  legitimate  queen, 
Donna  Maria  II..  and  as  her  guardian. 

The  compulsion  under  which  my 
brother,  the  Infant  Don  Miguel,  the 
regent  of  the  kingdom,  labours,  is,  in 
every  point  of  view,  clear  and  manifest. 
To  entertain  a  contrary  opinion  would  be 
an  offence  against  his  honour,  which  I 
deem  untainted;  it  would  amount  to 
considering  him  a  traitor  to  the  assurances 
or  protestations  he  made  to  me  whilst  I 
was  his  king,  and  reputing  him  perjured 
in  his  oath,  which  he  so  freely  and  spon- 
taneously took  at  Vienna,  in  Austria, 
and  ratified  at  Lisbon  before  the  nation 
legally  represented,  in  conformity  with 


the  constitutional  charter  which  was 
offered  and  granted  by  me  to  you,  and 
accepted  by  himself  and  by  you,  and 
freely  and  solemnly  sworn  to. 

A  disorganizing  faction,  under  pretence 
of  defending  the  throne  and  the  altar,  in 
disregard  of  all  religious,  ctvil,  and  po- 
litical considerations,  is  constantly  at 
work  in  the  midst  of  unhappy  Portugal ; 
it  disputes  the  indubitable  and  impre- 
scriptible rights  by  which  your  queen 
legally  ascended  the  throne  of  her  an- 
cestors; it  domineers  and  lords  it  over 
the  regent ;  it  rules  the  kingdom  ;  it  has 
dissolved  a  Chamber  of  worthy  Deputies, 
distinguished  by  their  deserts  and  merits. 
Another  chamber  was  not  immediately 
convoked,  according  to  the  5th  title,  1st 
chapter,  74th  article,  and  4th  paragraph 
of  the  constitutional  charter,  thereby  ma- 
nifestly usurping  the  legislative  power. 
A  junta  was  appointed  to  issue  fresh  in- 
structions for  the  election  of  deputies, 
which  were  called  legal.  These  instruc- 
tions never  appeared ;  on  the  contrary,  the 
constitutional  charter  was  destroyed  by  a 
single  blow,  by  calling  together  the  ancient 
Cortes,  an  institution  already  abolished 
by  the  oath  to  this  very  same  constitution. 
Aggressions  committed  on  citizens  who 
were  faithful  to  their  oaths  have  been 
applauded.  The  troops  whose  duty  it 
was  to  watch  over  the  public  safety,  have 
been  permitted  and  even  authorized  to 
commit  atrocities  in  the  very  capital  it- 
self, under  pretence  of  defending  the 
throne  and  the  altar.  How  far  can  mis- 
fortune carry  incautious  and  weak  men ! 
Nor  did  the  faction  stop  here.  It  lauded 
Portuguese  soldiers  when  committing 
acts  of  insubordination  against  their  chief 
— against  commanders  faithful  to  their 
oaths,  resting  on  the  two  principal  an- 
chors— the  throne  and  the  altar.  What 
throne  could  permit  the  commission  of 
such  crimes  ?  What  religion  could  enjoin 
the  execution  of  proceedings  so  contrary 
to  decency  and  the  decorum  of  respecta- 
ble and  distinguished  families?  Ah, 
Portuguese  !  to  what  a  pass  is  your  un- 
fortunate country  brought,  under  the  do- 
minion of  fanaticism,  hypocrisy  and  des- 
potism. Were  it  possible  for  your  ances- 
tors to  rise  from  their  graves,  they  would 
suddenly  drop  down  dead  at  seeing  the 
cradle  of  their  victories  transferred  into 
such  horrors. 

YOB  are  worthy  of  a  better  fate.    In 
your  own  hands  is  your  happiness  or  your 


550 


ANNUAL  REGISTER,  1827-8-9. 


ruin.  Follow  my  advice,  Portuguese  ;  it 
is  given  to  you  by  a  philanthropic  and 
truly  constitutional  heart. 

It  is  time  that  you  should  open  your 
eyes,  and  all  unite  and  stand  by  the  oaths 
you  have  taken  to  the  constitutional 
charter,  and  to  the  rights  of  your  queen. 
By  doing  this,  you  will  not  only  save  your 
country,  but  likewise  my  brother,  by  de- 
fending the  true  throne,  and  the  true  Ro- 
man Catholic  and  Apostolical  religion, 
conformably  to  the  manner  in  which  you 
swore  to  maintain  it.  Give  not  the  vic- 
tory, oh,  Portuguese !  to  the  enemies  of 
constitutional  monarchical  governments, 
who  wish  to  see  perjurers  placed  upon 
thrones,  in  order  to  strengthen  their  argu- 
ments against  such  forms  of  government. 
Far  be  it  from  me  to  call  my  brother  a 
perjurer  or  a  traitor  :  he  acts,  no  doubt, 
under  compulsion ;  and  I  consider,  and 
shall  consider  him  in  this  light,  as  long  as 
the  heads  ot  the  disorganizing  faction  do 
not  leave  Portugal.  Portuguese ;  stand 
by  the  constitutional  charter ;  it  is  not  of 
foreign  growth — it  was  granted  to  you  by 
a  constitutional  king  ;  and  what  evils  has 
it  brought  upon  you  (  Liberty,  of  which 
you  had  only  a  promise  before.  Yes, 
Portuguese,  bedew  the  tree  of  liberty  with 
your  blood,  and  you  will  see  how  it  will 
flourish  amongst  you,  and  bear  fruits,  in 
despite  of  all  intrigues  and  machinations. 
Do  not  suffer  it  to  be  assailed  by  the  blows, 
perfidy  and  treason  to  the  country — that 
country  which  is  already  oppressed  by 
the  yoke  of  the  most  ferocious  description. 
You  are  a  free  people- — you  form  an  in- 
dependent  nation ;  what  more  can  you 
hope  for  ?  The  governments  of  Europe 
suppoit  the  legitimacy  of  your  queen. 
Fight  for  her,  and  for  the  constitutional 
charter,  and  fear  nought  in  the  shape  of 
obstacles.  Consider  that  the  cause  you 
are  going  to  defend  is  the  cause  of  justice, 
and  that  you  are  bound  to  it  by  an  oath. 
The  truth  does  not  penetrate  into  the 
presence  of  your  regent.  Fanatics,  hy- 
pocrites, demoralized  and  despotic  men, 
have  blinded  him.  The  imminent  dan- 
ger in  which  his  life  is  placed,  makes 
him  submit  to  this  faction,  the  like  of 
which  has  never  been  seen  amongst 
the  Portuguese  people,  which  was  ever 
free  from  the  commencement  of  the 
monarchy,  as  the  pages  of  its  history 
prove.  Follow  the  example  of  those 
ancient  Portuguese;  approach  your  re- 
gent; speak  to  him  very  plainly  and 


respectfully,  as  they  spoke  to  the  king 
Don  Alfonso  IV.,  and  tell  him,  "  By  tha 
path  in  which  your  highness  suffers  your- 
self to  be  led,  you  will  inevitably  plunge 
yourself  into  the  deepest  abyss ;  govern 
us  conformably  to  the  constitutional  char- 
ter, which  both  your  highness  and  our- 
selves have  sworn  to,  and  know  that  this 
is  the  only  legitimate  course  we  choose 
to  see  adopted."  If  you  do  this,  you  will 
see  that  he,  finding  the  Portuguese  dis- 
posed to  support  him  as  constitutional  re- 
gent, will  withdraw  himself  from  the 
shameful  tutorage  by  which  he  is  now 
ruled,  and  whieh  would  lead  him  to  the  pre- 
cipice, from  whence  he  can  never  recede 
with  honour ;  and  that  he  will  throw  him- 
self into  your  arms,  in  order  to  govern  you 
according  to.law,  and  render  you  happy. 
Aid  him,  Portuguese !  otherwise  be  and 
you  will  become  victims  of  anarchy.  My 
conscience  is  free  from  remorse.  I  explain 
the  truth  to  you:  if  you  choose  to  follow 
it,  you  will  be  happy ;  if  not,  you  will  find 
the  most  artful  despotism  raising  its  head 
amongst  you,  which  you  will  never  be 
able  to  crush  again. 

Rio  de  Janeiro,  July  2S. 
(Signed) 

PEDRO,  Emperor. 
FRANCISCO  GOMEZ  DA  SILVA. 

(A  true  copy.) 

The  effect  of  this  address,  and 
the  movements  of  the  party  in 
favour  of  the  young  queen,  have 
already  been  treated  of.  Donna 
Maria  continued  to  reside  in  Eng- 
land, and  the  intentions  of  Don  Pe- 
dro and  his  ally  remained  envelop- 
ed in  uncertainty,  down  to  the  close 
of  the  year. 

A  new  British  envoy,  Lord 
Strangford,  arrived  at  Rio  Janei- 
ro, in  the  month  of  October,  1828, 
on  a  confidential  mission;  but 
enough  has  not  yet  transpired  to 
enable  us  to  speak  with  confidence 
as  to  its  objects.  By  the  Emperor's 
speech  to  the  legislature,  at  the  ex- 


BRAZIL  AND  LA  PLATA. 


551 


iraordinary  session,  April,  1829,  it 
appeared  that  an  unusual  number 
of  Portuguese  emigrants  had  arri- 
ved in  Brazil,  and  that  the  public 
finances  were  still  in  the  same 
state  of  disorder  ;  the  measures  of 
the  last  session  not  having  produ- 
ced any  beneficial  effects. 

The  peace  which  had  permitted 
the  Emperor,  Don  Pedro,  to  turn 
his  attention  to  the  settlement  of 
his  domestic  affairs,  was  still  more 
acceptable  to  the  republic  of  Bue- 
nos Ayres,  whose  concerns  seemed 
involved  in  inextricable  confusion. 

It  has  been  seen  that  the  govern, 
ment  was  virtually  dissolved,  and 
that  while  the  burden  of  the  war 
was  wholly  thrown  upon  the  pro- 
vince of  Buenos  Ayres,  its  reve- 
nues were  cut  off  from  the  customs 
by  the  blockade,  and  from  the  in- 
terior, by  the  secession  of  the  other 
provinces. 

Don  Manuel  Dorrego,  who  was 
in  favour  of  a  federal,  rather  than 
a  central  government,  had  been 
elected  President  of  the  provincial 
government  of  Buenos  Ayres,  be- 
cause he  was  popular  in  the  other 
provinces,  and  it  was  supposed  that 
they  would  more  readily  co-operate 
in  the  prosecution  of  the  war, 
while  he  was  at  the  head  of  affairs. 

The  war  having  been  concluded 
without  any  efficient  aid  from  them, 
and  no  success  having  attended  the 
efforts  to  institute  a  national  go- 
vernment ;  the  confusion  and  disor- 


ganization prevailing  in  the  several 
departments  of  the  public  services, 
produced  their  natural  effect. — 
Distrust  and  discontent  pervaded 
the  public  mind,  and  the 'inhabit- 
ants of  Buenos  Ayres,  with  whom 
Dorrego  was  unpopular,  in  conse- 
quence of  his  not  favouring  their 
pretensions  to  the  supreme  govern- 
ment, began  to  prepare  for  another 
revolution. 

This  was  effected  through  the 
agency  of  the  army,  which  had 
been  employed  against  Brazil. 

On  the  night  of  the  30th  Novem- 
her,  1828,  information  was  given 
to  the  government,  that  symptoms 
of  insubordination  were  manifested 
by  the  first  division,  and  its  com- 
mander, General  Lavalle,  was  re- 
quired to  appear  before  the  Presi- 
dent.  He  told  the  messenger,  that 
he  would  do  so  immediately,  but  for 
the  purpose  of  deposing  an  officer 
unworthy  of  his  post.  At  the  dawn 
of  day,  accordingly,  he  occupied 
with  different  detachments  of  his 
army,  the  important  posts,  and  took 
possession  of  the  park  of  artillery. 

A  regiment  of  Ca?adores  with 
some  artillery  troops  who  adhe- 
red to  the  government,  escaped  in- 
to the  fort,  and  prepared  to  defend 
themselves.  The  Governor,  Don 
Dorrego,  conscious  of  his  weak- 
ness in  the  city,  departed,  upon  the 
first  movement  of  the  revolters, 
with  the  view  of  levying  forces  in 
the  provinces  ;  and  the  command 
ers  of  the  troops  in  the  fort,  being 


552 


ANNUAL  REGISTER,  1827-8-9. 


left  without  a  head,  opened  a  nego- 
tiation with  Lavalle,  which  termi- 
nated in  an  agreement,  that  they 
would  surrender  the  fort  to  any 
person  elected  by  the  citizens  to 
preside  over  the  province. 

At  one  o'clock  of  the  same  day, 
the  citizens  were  accordingly  as- 
sembled in  the  church  of  St.  Fran- 
cisco, and  elected,  without  a  dissent- 
ing voice,  General  Lavalle  as  pro- 
visional governor  of  Buenos  Ayres. 
The  fort  was  then  surrendered 
to  his  army,  and  the  late  ministers, 
Guido  and  Balcarce  informed  him 
that  although  his  authority  did  not 
emanate  from  the  constitutional 
representatives  of  the  province, 
they  should  recognize  it  with  the 
view  of  promoting  the  public  tran- 
quillity. 

General  Lavalle  then  left  the 
city  in  pursuit  of  Governor  Dorre- 
go,  who  was  raising  forces  in  the 
interior,  for  the  purpose  of  restoring 
the  former  government,  and  ap- 
pointed Admiral  Brown  to  the  civil 
and  military  command  of  the  pro- 
vince during  his  absence. 

On  the  8th  of  December,  he  en- 
countered  the  late  governor,  whose 
force  consisted  of  about  1,500  men, 
near  the  lake  of  Lobos.  An  effort 
was  made  to  negotiate;  but  that 
failing,  Dorrego  attempted  to  re- 
treat to  the  north,  where  he  expect- 
ed reinforcements.  This  attempt 
was  frustrated,  and  the  next  day  he 
was  brought  to  action,  and  after  an- 
engagement,  in  which  the  loss  on 


his  side,  was  stated  to  exceed  one 
hundred  men,  and  that  of  Lavalle 's 
army,  at  four  killed,  and  twenty, 
two  wounded,  he  was  defeated, 
and  his  forces  entirely  routed  and 
dispersed. 

Dorrego  and  his  suite  fled  from 
the  field,  and  were  closely  pursued 
by  the  cavalry  of  the  victors. 

On  the  13th  of  December,  he 
was  captured  by  a  party  under  the 
command  of  Lieutenant  Colonel 
Escribano,  and  shot  by  order  of 
General  Lavalle,  in  the  presence 
of  the  army. 

The  American  and  British  charge 
d'affaires  both  interfered  in  his  be- 
half, and  assurances  were  given 
that  his  life  should  be  spared,  which, 
however,  were  not  regarded.  Ge- 
neral Lavalle,  after  thus  destroying 
his  opponent,  addressed  the  follow, 
ing  letter  to  his  excellency  Don  J. 
M.  Diaz-Velez : 

NAVARRO,  DEC.  13,  1828. 

SIR — I  inform  the  delegate  government 
that  Colonel  Manuel  Dorrego  has  this 
moment  been  shot  by  my  orders,  in  pre- 
sence of  the  regiments  which  compose  my 
div  ision.  History  will  judge  impartially, 
whether  Colonel  Dorrego  has,  or  has  not, 
deserved  to  die — and  whether,  in  sacrifi- 
cing to  the  pnblic  tranquillity,  one  who 
has  laboured  to  destroy  it,  I  have  been 
actuated  by  any  other  than  feelings  of 
patriotism. 

The  people  of  Buenos  Ayres  may  rest 
assured,  that  the  death  of  Colonel  Dorre- 
go is  the  greatest  sacrifice  that  I  could 
make  in  their  cause. 

JUAN  LAVALLE. 

This  forcible  overthrow  of  the 
government,  followed  by  the  exe- 
cution of  Dorrego.  was  the  signal 


BRAZIL  AND  LA  PLATA. 


553 


of  civil  war,  which  raged  until  near 
the  conclusion  of  our  history. 

The  governors  of  the  other  pro- 
vinces at  once  declared  war  against 
Lavalle  and  his  party,  and  procla- 
mations were  issued,  exhorting  all 
to  unite  to  put  down  these  unita- 
rians,  orthose  who  were  in  favour  of 
a  consolidated  government.  The 
governors  of  the  provinces  of  Cor- 
dova, Santa  Fe,  Entre  Rios,  San 
Juan,  Mendoza,  Salta,  and  Corri- 
entes,  all  issued  circular  letters,  de- 
signating the  revolution  as  scanda- 
lous and  execrable,  and  calling  up- 
on the  provinces  to  unite,  to  save 
the  country  from  the  usurpation  of 
a  club  of  factious  men. 

The  war  which  now  commenced, 
was  a  contest  between  the  province 
of -Buenos  Ayres  and  the  other  pro- 
vinces,— the  former  claiming  the 
supreme  government,  the  others 
advocating  a  federative  form,  or 
rather  as  they  now  stood,  each 
province  claiming  and  exercising 
the  privilege  of  governing  itself. 

Upon  the  defeat  of  Dorrego,  ma- 
ny of,  his  officers,   who  escaped 
from  the  field  of  battle,  assembled 
in  the  northern  part  of  the  province 
of  Buenos  Ayres,  and  having  seen- 
red  the   co-operation   of  a  large 
body    of   Indians,    proceeded    to 
join  the   army,  forming  in  Santa 
Fe,   for  the  invasion   of  Buenos 
Ayres.     On  their  route,  they  were 
attacked  on  the  22d  of  January,  by 
Lavalle,  who  totally  routed  them, 
taking  •  300  prisoners,  and  killing 
VOL.  HI. 


or  dispersing  the  residue.  This 
success  was  followed  by  another, 
on  the  6th  of  February,  when  Mo- 
lina,  their  principal  leader,  was 
overtaken  at  the  head  of  500  men, 
and  his  army  destroyed ;  he  him- 
self escaping  with  about  fifty  fol- 
lowers. Mesa,  one  of  the  leaders, 
was  taken  and  with  14  others,  shot 
in  the  public  square  at  Buenos 
Ayres,  under  a  forced  construction 
of  a  law,  which  inflicts  the  penalty 
of  death  for  taking  part  with  the 
Indians  against  the  government. 

The  levies  in  the  provinces  pro- 
gressed slowly,  while  the  army  un- 
der command  of  General  Lavalle, 
amounted  to  nearly  3,000  men. 
Under  these  circumstances,  he 
seemed  to  be  animated  with  the 
idea  of  extending  the  sphere  of  his 
revolutionary  movements,  and  to 
reform  the  governments  of  the 
other  provinces  in  the  same  manner. 
A  large  expedition  was  fitted  out 
against  Santa  Fe.  Several  gun- 
boats were  directed  to  ascend  the 
river  Parana,  to  aid  the  opera- 
tions of  the  army ;  and  the  war  was 
carried  on  in  the  early  part  of  the 
contest  with  energy,  by  Lavalle, 
and  generally  with  success.  While 
Lopez,  the  governor  of  Santa  Fe, 
was  collecting  an  army  to  invade 
Buenos  Ayres,  Lavalle  with  a  por- 
tion  of  his  army,  was  actually  on 
the  march  towards  Santa  Fc. 
He  soon  arrived  at  the  scene  of 
action,  and  Lopez  was  compelled 
to  retreat  before  his  superior  and 
70 


554 


ANNUAL  REGISTER,  1827-8-9. 


more  disciplined  troops.  Every 
thing  seemed  to  favour  the  cause 
of  the  new  government  of  Buenos 
Ayres,  and  to  promise  the  termi- 
nation of  the  war  in  its  favour. 

Before,  however,  Lopez  could 
be  brought  to  action,  Lavalle  was 
recalled  to  defend  the  capital, 
whose  safety  was  threatened  by  a 
hostile  army  near  its  walls  ;  while 
it  was  far  from  being  united  and 
tranquil  within.  Even  before  the 
departure  of  Lavalle  on  his  expe- 
dition to  Santa  Fe,  some"  symptoms 
of  disaffection  were  manifested. 
The  press  had  been  subjected  to 
severe  surveillance,  and  Colonel 
A.  Pacheco,  one  of  Lavalle's  own 
officers,  had  been  arrested  for 
stating  that  Dorrego  was  captured 
by  means  of  treachery.  Other 
alarming  indications  of  insubordi- 
nation  were  given.  On  the  24th 
of  February,  a  conspiracy  was  de- 
tected,  having  in  view  the  subver- 
sion of  the  existing  provincial  go- 
vernment. Many  influential  men, 
and  some  holding  high  official  sta- 
tions, were  implicated  in  this  plot, 
and  much  excitement  was  occa- 
sioned by  its  discovery.  The  in- 
dividuals  concerned  in  it  were  all 
banished,  part  to  Monte  Video  and 
the  remainder  to  Patagonia. 

This  state  of  feeling  in  the  capi- 
tal,  rendered  it  necessary  for  La- 
valle  to  watch  carefully  the  situa- 
tion of  affairs  at  home.  Although 
this  circumstance  contributed,  still 
the  immediate  cause  of  his  return 


was  the  defeat  of  what  was  de- 
nominated the  southern  army. 
About  the  time  he  left  Buenos 
Ayres  to  invade  Santa  Fe,  Colonel 
Estomba  proceeded  at  the  head  of 
some  troops  to  suppress  some  in- 
surrectionary  movements  in  the 
south.  After  some  unimportant 
skirmishes,  this  detachment  was 
cut  off,  on  the  28th  of  March,  by 
its  opponents  who  were  called  Mon- 
teneros.  Having  entire  command 
the  country,  and  their  force  having 
been  augmented  by  the  Indians,they 
advanced  towards  the  capital,  un- 
der the  command  of  General  Rosa, 
the  minister  of  war  m  Dorrego's 
administration,  and  filled  its  inha- 
bitants with  consternation.  Such 
was  the  extremity,  that  Admiral 
Brown  issued  an  order  closing  all 
the  shops  except  those  of  the  butch- 
ers and  bakers,  and  required  the 
foreigners  to  take  arms  in  defence 
of  the  place.  A  portion  of  the 
exiles,  200  in  number,  about  the 
same  time  escaped  from  their 
place  of  banishment,  and  joined 
their  friends  in  the  field. 

Lavalle,  therefore,  was  obliged 
for  the  present  to  relinquish  his 
designs  upon  Santa  Fe,  and  to  re- 
turn for  the  protection  of  Buenos 
Ayres.  Lopez  immediately  fol- 
lowed him,  and  forming  a  junction 
with  Rosa's  army,  brought  him 
to  action  on  the  27th  of  April. 
Lavalle  lost  most  of  his  horses  in 
this  conflict,  and  was  compelled  to 
take  refuge  in  the  town,'  where 


BRAZIL  AND  LA  PLATA. 


555 


ho  was  besieged  by  the  confede- 
rate forces.  Occasional  skirmishes 
took  place  between  the  comba- 
tants— the  Monteneros  sometimes 
dashing  into  the  suburbs  of  the 
city,  armed  with  lassos,  and  after 
killing  and  plundering  unarmed  in- 
dividuals, retiring  upon  the  gallop ; 
but  nothing  of  importance  occurred 
until  the  middle  of  May,  when  Lo- 
pez was  compelled  to  draw  off 
with  his  forces  to  protect  Santa  Fe 
from  a  detachment  of  about  600 
men,  sent  by  water  from  Buenos 
Ayres,  with  the  view  of  effecting  a 
diversion  in  favour  of  the  besieged. 

A  reverse  was  also  suffered  by 
the  federal  party  in  Cordova,  where 
one  of  Lavalle's  adherents,  Gene- 
ral La  Paz,  deposed  Boostus,  the 
governor  of  the  province,  and  as- 
sumed the  power  in  his  stead.  .This, 
however,  did  not  relieve  Buenos 
Ayres  from  the  presence  of  a  hos- 
tile army.  Rosa  still  kept  the  field, 
and  cut  off  all  intercourse  with  the 
interior. 

Business  was  suspended,  and  to 
aggravate  the  distress,  the  govern- 
ment was  brought  into  a  collision 
with  the  French  Consul  General 
which  threatened  the  most  disast- 
rous results. 

When  Admiral  Brown  issued  his 
decree,  requiring  foreigners  to  per- 
form military  duty  in  defence  of  the 
town,  the  representatives  of  the 
United  States  and  Great  Britain  re- 
monstrated, and  obtained  an  ex- 
emption  for  their  countrymen.  The 


French  Consul  General,  also  claim- 
ed the  same  exemption  for  the 
French  resident  merchants.  The 
government  refused  to  recognise 
any  right  on  the  part  of  the  consul 
to  make  any  diplomatic  commu- 
nications, and  informed  him  that 
all  Frenchmen  who  enjoyed  the 
protection  of  the  laws  of  the  coun- 
try, must  be  subjected  to  all  the 
obligations  imposed  by  those  laws. 

The  consul  then  issued  a  circu- 
lar to  his  countrymen,  declaring 
that  all  who  yielded  obedience  to 
that  requisition,  would  lose  their 
national  character. 

Tile  government  insisting  that  all 
foreigners  who  refused  to  serve, 
should  quit  the  country  within  twen- 
ty-four hours,  the  Consul  Gene- 
ral, on  the  2d  of  May,  demanded 
his  passports,  and  embarked  on 
board  of  the  French  squadron  in 
the  harbour. 

Governor  Brown  now  began  to 
find,  that  his  nautical  education  had 
not  qualified  him  for  controlling 
what  is  figuratively  called  the  helm 
of  slate ;  and  on  the  9th  of  May,  he 
resigned  his  office  as  provisional 
governor  of  the  province,  on  ac- 
count of  his  incapacity,  "  finding 
himself  out  of  the  sphere  of  his 
talents."  He  was  succeeded  by 
General  Martin  Rodrigues. 

The  difficulty,  however,  into 
which  he  had  brought  the  govern- 
ment, was  not  so  easily  termina- 
ted, for  on  the  21st  of  May,  the 
French  Admiral  took  possession  of 


556 


ANNUAL  REGISTER,  1827-8-9. 


the  Buenos-  Ayrean  squadron,  con- 
sisting of  the  brigs  Cacique,  Gene- 
ral Rondea,  schooners  Rio  Bam- 
ba,  and  llth  June,  and  burnt  the 
brig  Argentina. 

This  brought  on  a  negotiation, 
which  resulted  in  the  government's 
yielding  its  pretension  to  compel 
Frenchmen  to  perform  militia  duty, 
and  the  squadron  was  delivered  up, 
with  the  crews,  &c.  The  insults 
to  the  French  flag,  and  the  indem- 
nities due  to  Frenchmen  aggrieved 
by  the  measures  of  Buenos  Ayres, 
were  points  reserved  for  subsequent 
negotiation.  Nothing  of  impor- 
tance occurred  from  this  period,  but 
trivial  skirmishes,  productive  of  no 
result,  until  the  middle  of  June,  when 
both  parties,  finding  themselves 
growing  weaker,  and  with  but  lit- 
tle prospect  of  effecting  any  thing 
decisive,  opened  a  negotiation  with 
the  view  of  terminating  hostilities. 
On  the  24th  of  that  month,  the  pre- 


liminaries of  peace  were  agreed 
upon,  declaring  hostilities  at  an 
end,  and  that  the  intercourse  be- 
tween the  town  and  the  interior, 
should  be  renewed.  Representa- 
tives were  to  be  elected  according 
to  the  existing  laws.  General  Ro- 
sa was  to  make  arrangements  to 
restore  order  in  the  country  dis- 
tricts, and  after  the  permanent  go- 
vernment was  established,  both  Ro- 
sa and  Lavalle  were  to  place  their 
troops  at  its  disposal. 

This  treaty,  however,  was  scarce- 
ly signed,  ere  it  was  set  aside,  and 
the  war -broke  out,  and  for  a  short 
time,  seemed  to  threaten  a  continu- 
ation of  that  anarchy  which  had  so 
long  prevailed  in  this  republic. — 
The  difficulties  were  temporarily 
adjusted ;  but  the  history  of  this  ne- 
gotiation belongs  to  a  period  subse- 
quent to  that,  which  is  embraced  by 
this  volume. 


EXECUTIVE   OFFICERS 


OF    THE    UNITED    STATES    OF    AMERICA. 


John  Quincy  Adams,  President, 

John  C.  Calhoun,  Vice-President, 

Henry  Clay,  Secretary  of  State, 

Richard  Rush,  Secretary  of  Treasury, 

James  Barbour,  Secretary  of  War, 

Peter  B.  Porter,  do.  appointed  May  23, 1828,  N.  Y. 

Samuel  L.  Southard,  Secretary  of  Navy, 

William  Wirt,  Attorney- General, 

John  McLean,  Post-Master-General, 


Nativity. 

Salary. 

Mass. 

$25,000 

S.  C. 

5,000 

Va. 

6,000 

Penn. 

6,000 

Va. 

6,000 

*,  N.  Y. 

6,000 

N.  J. 

6,000 

Md. 

3,500 

N.  J. 

6,000 

JUDICIARY. 


Nativity.  Salary. 

John  Marshall,  Chief  Justice,    Va.  $5,000 
Bushrod  Washington,  Va.    4,500 

William  Johnson,  S.  C.    4,500 

Gabriel  Duvall,  Md.    4,500 


Joseph  Story, 
Smith  Thompson, 
Robert  Trimble, 


deceased,  25th  Oct.  1828. 


Nativity.  Salary. 
Mass.  $4,500 
N.  Y.  4,500 
Ken.  4,500 


DIPLOMATIC    CORPS. 


To  GREAT  BRITAIN  and  IRELAND. 


Albert  Gallatin,  Envoy,  &c. 
William  B.  Lawrence,  Charge  d'Affaires, ) 
from  Oct.  4th,  1828,  to  Oct.  15th,  1829,  J 
James  Barbour,  Envoy,  &c.  May  23d,  1828, 

FRANCE. 

James  Brown,  Envoy,  £c. 
Daniel  Sheldon,  Secretary  of  Legation,  dec'd. 
John  Adams  Smith,       do. 

RUSSIA. 

Henry  Middleton,  Envoy,  &c. 
Charles  Pinckncy,  Secretary,  Ac. 
Beaufort  T.  Watts,    do. 


Nativity. 
Geneva, 

N.Y. 
Va. 

Va. 

Conn. 

N.Y. 

S.  C. 
Md. 

s.c. 


Salary. 
$9,000 

4,500 
9,000 

9,000 
2,000 
2,000 

9,000 
2,000 
2,000 


558 


ARMY  PROMOTIONS. 

SPAIN. 


Nativity. 
Mass. 
N.Y. 
Md. 


Alexander  H.  Everett,  Envoy,  &c. 

John  A.  .Smith,  Secretary,  &c. 

Charles  S.  Walsh,  Secretary,  June  17th,  1828, 

MEXICO. 

Joel  R.  Poinsett,  Envoy,  Ac.  S.  C. 

John  Mason,  jun.  Secretary,  &c.  Md. 

CHILI. 

Heman  Allen,  Envoy,  tc.  returned  Feb.  9, 1828,     Vt. 
Samuel  Larned.  Secretary  and  Charge"  d'Aflaires  )  R  T 
after  Mr.  Allen's  return,  \  K'  J* 

NETHERLANDS. 
Christopher  Hughes,  Charge  d'Affaires,  Md. 

PORTUGAL. 
Thomas  L.  Brent,  Charge,  lie.  Md. 

DENMARK. 
Henry  Wheaton,  Charge",  &c.  R.  I. 

SWEDEN. 
John  J.  Appleton,  Charge,  &c.  Mass. 

COLOMBIA. 

Beaufort  T.  Watts,  Charge",  &c.  S.  C. 

William  H.  Harrison,  Envoy,  &c.  appointed  May  )  ~  • 
24th,  1828,  \  Ohl0' 

BRAZIL. 
William  Tudor,  Charge,  &c.  Mass. 

BUENOS  ATRES. 
John  M.  Forbes,  Charge,  &c.  Florida, 

PERU. 
Samuel  Larned,  Charge",  &c,  Dec.  29,  1828,  R.  I. 

CENTRA*  AMERICA. 
William  B.  Rochester,  Qharge",  &c.  N.  Y. 


ARMY  PROMOTIONS. 


Salary. 

$9,000 
2,000 
2,000 

9,000 

2,000 

9,000 
4,500 

4,500 

4^00 
4^00 
4,500 

4,500 
9,000 

4,500 

4,500 
4,500 

4,500 


Alexander  Macomb,  May  24th,  1828, 
major  general,  vice  Jacob  Brown,  de- 
ceased. 

Washington,  3 1st  December,  1827. 
Promotions  and  appointments  in  the  army 

of  the  United  States,  since  the  11  th  July, 

1827. 

Third  Regiment  of  Artillery. 

Brevet  2d   lieutenant  Theophilus  B. 
Brown,  to  be  2d  lieutenant,  (company 
c  D')  1st  July,  1826,  vice  Smith,  deceased. 
Fourth  Regiment  of  Artillery. 

2d  lieutenant  John  B.  Scott,  to  be  1st 
lieutenant,  (kH')  Slat  July,  1827,  vice 
Alberti,  resigned. 

2d  lieutenant  Horace  Bliss,  to  be  first 
lieutenant  (' B')  31st  December,  1827, 
vice  Willard,  resigned. 

Brevet  2d  lieutenant  Maskell  C.  E wr- 


ing, to  be  2d  lieutenant,  («P)  1st  July, 

1826,  vice  Scott,  promoted. 

Brevet  2d  lieutenant  Danforth  H.  Tufts, 
to  be  2d  lieutenant,  ('  I5)  1st  July,  1826, 
vice  Bliss,  promoted. 

Second  Regiment  of  Infantry. 

1st  lieutenant  James  Young,  brevet 
captain,  to  be  captain  ('  P)  3lst  December, 

1827,  vice  Wilkins,  resigned. 

2d  lieutenant  Samuel  L.  Russell,  to 
be  1st  lieutenant,  ('  C')  31st  December, 
1827,  vice  Young,  promoted. 

Brevet  2d  lieutenant  Amos  B.  Eaton, 
to  be  2d  lieutenant,  (1K')  1st  July,  1826, 
vice  Russell,  promoted. 

Third  Regiment  of  Infantry. 

1st  lieutenant  Thomas  J.  Harrison,  to 
be  captain,  ('  F')  23d  September,  1827, 
vice  Browning,  resigned. 


ARMY  PROMOTIONS. 


559 


1st  lieutenant  James  Dean,  to  be  cap- 
tain, ('  C'  company,)  4th  Oatober,  1827, 
vice  Watson,  deceased. 

2d  lieutenant  George  Wright,  to  be 
1st  lieutenant,  ('G')  23d  September,  1827, 
vice  Harrison,  promoted. 

2d  lieutenant  John  D.  Hopson,  to  be 
1st  lieutenant,  ('  C')  23d  September,  1827, 
vice  Webb,  resigned. 

2d  lieutenant,  J.  W.  Cotton,  to  be  1st 
lieutenant,  (l  K')  4th  October,  1827,  vice 
Dean,  promoted. 

2d  lieutenant  E.  B.  Alexander,  to  be 
1st  lieutenant,  ('  I5)  29th  December,  1827, 
vice  Cowan,  cashiered. 

Brevet  2d  lieutenant  Edwin  B.  Bab- 
bitt, to  be  2d  lieutenant,  ('  K')  1st  July, 
1826,  vice  Wright,  promoted. 

Brevet  2d  lieutenant  Richard  W.  Col- 
cock,  to  be  2d  lieutenant,  (l  A')  1st  July, 

1826,  vice  Hopson,  promoted. 

Brevet  2d  lieutenant  Charles  L.  JC. 
Minor,  to  be  2d  lieutenant,  ('  C')  1st  Ju- 
ly, 1826,  vice  Cotton,  promoted. 

Brevet  2d  lieutenant  Nathaniel  C. 
Macrea,  to  be  2d  lieutenant,  ('  G5)  1st 
July,  1826,  vice  Williams,  resigned. 

Brevet   2d    lieutenant   Alexander  G. 
Baldwin,  to  be  2d  lieutenant,  ('  H')  1st 
July,  1826,  vice  Alexander,  promoted. 
Fifth  Regiment  of  Infantry. 

2d  lieutenant  St.  Clair  Denny,  to  be 
1st  lieutenant,  ('E')  30th  November, 

1827,  vice  Hobart,  dismissed. 

Brevet  2d  lieutenant  John  M.  Berrien, 
to  be  2d  lieutenant,  ('  E')  1st  July,  1826, 
vice  Allenson,  resigned. 

Brevet  2d  lieutenant  James  S.  Allen, 
to  be  2d  lieutenant,  ('  B')  1st  July,  1826, 
vice  Denny,  promoted. 

Sixth  Regiment  of  Infantry. 

1st  lieutenant  Joseph  Pentland,  to  be 
captain,  ('A')  31st  October,  1827,  vice 
Cruger,  resigned. 

2d  lieutenant  John  Nichols,  to  be  1st 
lieutenant,  ('  A')  31st  October,  1827,  vice 
Pentland,  promoted. 

Brevet  2d  lieutenant  Francis  J.  Brook, 
to  be  2d  lieutenant,  ('  K5)  1st  July,  1826, 
vice  .Nichols,  promoted. 

APPOINTMENTS,, 

Thomas  Lining,  S.  C.  to  be  assistant 
surgeon,  1st  September,  1827. 

Robert  H.  Sibley,  La.  to  be  assistant 
surgeon,  17th  October,  1827. 

2d  lieutenant  T.  B.  Wheelock,  2d  ar- 
tillery,  te  be  assistant  commissary  of  sub- 
sistence, 22d  September,  1827. 

2d  lieutenant  T.  Jamison,  5th  infantry, 


to  be  assistant  commissary  of  subsistence, 
25th  September,  1827. 

2d  lieutenant  G.  H.  Crosman,  6th  in- 
fantry, to  be  assistant  commissary  of  sub- 
sistence. 3d  October,  1827. 

1st  lieutenant  John  L'Engle,  3d  artil- 
lery, to  be  assistant  commissary  of  sub- 
sistence, 24th  November,  1827. 

TRANSFERS. 

2d  lieutenant  H.  H.  Gird,  of  the  4th, 
transferred  to  the  2d  artillery. 

2d  lieutenant  F  L.  Jones,  of  the  2d, 
transferred  to  the  4th  artillery. 

2d  lieutenant  T.  Page,  of  the  1st,  trans- 
ferred to  the  4th  infantry. 

2d  lieutenant  O.  Cross,  of  the  4th, 
transferred  to  the  1st  infantry. 

Washington,  May  28th,  1828. 

ENGINEER    CORPS. 

Lieutenant  colonel  Charles  Gratiot, 
to  be  colonel,  24th  May,  1828,  vice  Ma- 
comb,  appointed  major  general. 

Major  J.  G.  Totten,  brevet  lieutenant 
colonel,  to  be  lieutenant  colonel,  24th 
May,  1828,  vice  Gratiot,  promoted. 

Captain  Sylvanus  Thayer,  brevet  lieu- 
tenant colonel,  to  be  major,  24th  May, 
1828,  vice  Toiten,  promoted. 

1st  lieutenant  Richard  Delafiold,  to 
be  captain,  24th  May,  1828,  vice  Thayer, 
promoted. 

2d  lieutenant  Stephen  Tuttle,  to  be 
1st  lieutenant,  24th  May,  1828,  vice  Dela- 
field,  promoted. 

Brevet  2d  lieutenant  Alexander  D. 
Bache,  to  be  2d  lieutenant,  1st  July,  1825, 
vice  Tuttle,  promoted. 

First  Regiment  of  Artillery. 

2d  lieutenant  Charles  Dimmock,  to  be 
1st  lieutenant,  20th  February,  1828,  vice 
Davis,  deceased. 

Brevet  2d  lieutenant  John  Williamson, 
of  the  4th,  to  be  2d  lieutenant,  1st  July, 
1826,  vice  J.  W.  A.  Smith,  dismissed. 

Brevet  2d  lieutenant  Ebenozer  S.  Sib- 
ley,  to  be  2d  lieutenant,  1st  July,  1827, 
vice  Dimmock,  promoted. 

Brevet  2d  lieutenant  William  Mayna- 
dier,  to  be  2d  lieutenant,  1st  July,  1827, 
vice  Schuler,  resigned. 

Brevet  2d  lieutenant  Lucian  J.  Bibb, 
to  be  2d  lieutenant,  1st  July,  1827,  vice 
Findlay,  resigned. 

Second  Regiment  of  Artillery. 

Brevet  2d  lieutenant  John  B.  Grayson, 
of  the  4th,  to  be  2d  lieutenant,  1st  July. 
1826,  vice  IT.  Smith,  deceased. 

Third  Regiment  of  Artillery. 

First  lieutenant  Upton  S.  Frazer,  to  be 


560 


ANNUAL  REGISTER,  1827-8-9. 


captain,  1st  May,  1828,  vice  Baird,  re- 
signed. 

2d  lieutenant  Martin  Burk,  to  be  first 
lieutenant,  1st  May,  1828,  vice  Frazer, 
promoted. 

Brevet  2d  lieutenant  Augustus  J.  Plea- 
santon,  of  the  1st,  to  be  2d  lieutenant,  1st 
July,  1826,  vice  Brisbane,  resigned. 

Brevet  2d  lieutenant  John  Child,  to  be 
2d  lieutenant,  1st  July,  1827,  vice  Burn- 
ham,  deceased. 

Brevet  2d  lieutenant  James  A.  J.  Brad- 
ford, to  be  2d  lieutenant,  1st  July,  1827, 
vice  Burke,  promoted. 

Second  Regiment  of  Infantry. 

2d  lieutenant  Carlos  A.  Waite,  to  be 
1st  lieutenant,  1st  May,  1828,  vice  Bick- 
er, jr.,  resigned. 

Brevet  2d  lieutenant  Silas  Casey,  of  the 
7tb,  to  be  2d  lieutenant,  1st  July,  1826, 
vice  Waite,  promoted. 

Fifth  Regiment  of  Infantry. 

Brevet  2d  lieutenant,  Moses  E.  Merrill, 
to  be  2d  lieutenant,  1st  July,  1826,  vice 
Griffin,  deceased. 

Brevet  2d  lieutenant  Ephraim  K.  Smith, 
of  the  2d,  to  be  2d  lieutenant,  1st  July, 
1826,  vice  Allen,  resigned. 

Sixth  Regiment  of  Infantry. 

Brevet  2d  lieutenant  Thomas  H.  Pierce, 
of  tha  1st,  to  be  2d  lieutenant,  1st  July, 
1826,  vice  Eaton,  deceased. 

APPOINTMENTS. 

Alexander  Macomb,  colonel  and  brevet 
major  general  of  the  engineer  corps,  to 
be  major  general,  to  take  rank  from  the 
24th  May,  1828. 

Lucius  Abbot,  to  be  assistant  surgeon, 
15th  January,  1828. 

J.  B.  F.  Russell,  1st  lieutenant,  5th  in- 
fantry, to  be  assistant  quartermaster,  14th 
March,  1828. 

Assistant  Commissaries. 
1st  lieutenant  D.  H.  Vinton,  of  the  3d 
artillery,  to  be  assistant  commissary  of 
subsistence,  20th  March,  1828. 

1st  lieutenant  A.  Brockenbrough,  of 
the  2d  artillery,  to  be  assistant  commis- 
sary of  subsistence,  20th  March,  1828. 

2d  lieutenant  George  Nauman,  of  the 
1st  artillery,  to  be  assistant  commissary 
of  subsistence,  24th  March,  1828. 

2d  lieutenant  J.  W.  Harris, oftho  artil- 
lery, to  be  assistant  commissary  of  sub- 
sistence, 25ih  March,  1828. 

2d  lieutenant  John  S.  Gallagher,  of  the 
2d  infantry,  to  be  assistant  commissary 
of  subsistence,  13th  March,  1828. 


Department  of  War,  July  14J/i,  1828- 

PROMOTIONS. 

First  regiment  of  infantry. 

Brevet  2d  lieutenant  John  G.  Furman, 
of  infantry,  to  be  2d  lieutenant,  1st  July, 
1827. 

Seventh  regiment  of  infantry. 

1st  lieutenant,  John  Stewart,  to  be  cap- 
tain, 30th  June,  1828,  vice  Philbrick,  re- 
signed. 

2d  lieutenant  Joseph  A.  Phillips,  to 
be  1st  lieutenant,  30th  June,  1828,  vice 
Steward,  promoted. 

Brevet  2d  lieutenant  Gabriel  J.  Rains, 
of  infantry,  to  be  2d  lieutenant,  1st  July, 
1827. 

APPOINTMENTS. 

Assistant  commissaries. 
2d  lieutenant  J.  W.  Kinsbury,  of  the  1st 
infantry,  to  be  assistant  commissary  oi 
subsistence,  25th  June,  1828. 

2d  lieutenant  John  Williamson,  of  the 
1st  artillery,  to  be  assistant  commissary 
of  subsistence,  8th  July,  1828. 
Second  lieutenants  by  brevet  from  the  mili- 
tary academy. 

FOR.  TOE    ARTILLERY. 

1.  Cadet  Albert  E.  Church ;  2.  Cadet 
R.  C.  Tilghman  ;  3.  Cadet  Hugh  W. 
Mercer;  4.  Cadet  Robert  E.  Temple; 
5.  Cadet  Charles  O.  Collins;  6.  Cadet 
James  J.  Austin  ;  7.  Cadet  Edmund 
French;  8.  Cadet  Joseph  L.  Locke;  9. 
Cadet  George  E.  Chase  ;  10.  Cadet  John 
T.  Lane;  11.  Cadet  William  Palmer; 
12.  Cadet  Thomas  B.  Adams. 

FOR  THE  INFANTRY. 

•13.  Cadet  Robert  E.  Clary ;  14.  Cadet 
Robert  Sevior;  15.  Cadet  Wm.  W.  Ma- 
ther; 16.  Cadet  Enos  E.  Mitchell;  17. 
Cadet  James  F.  Izard ;  18.  Cadet  Tho- 
mas Cutts ;  19.  Cadet  William  H.  Baker ; 
20.  Cadet  James  L.Thomson;  21.  Cadet 
G.  S.  Rousseau;  22.  Cadet  Benj.  W. 
Kinsman  ;  23.  Cadet  Jefferson  Davis ;  24. 
Cadet  W.L.E.Morrison;  25.Cadet  Samuel 
K.  Cobb ;  26.  Cadet  Samuel  Torrence ; 
27.  Cadet  Amos  Foster  ;  28.  Cadet 
Thomas  Dray  ton;  29.  Cadet  Thos.  C. 
Brockway ;  30.  Cadet  John  R.  Gardener ; 
31.  Cadet  Crafts  J.  Wright;  32.  Cadet 
James  W.  Penrose. 

Department  of  War,  October  27, 1828. 

PROMOTIONS. 

Second  regiment  of  artillery. 
2d  lieutenant  Martin  Thomas,  to  be  1st 


ARMY  PROMOTIONS. 


561 


lieutenant,  27th  October  ,1828,  vice  Eakin, 
resigned. 

Brevet  2d  lieutenant  W.  E.  Asquith, 
of  artillery,  to  be  2d  lieutenant,  1st  July, 
1827. 

Third  regiment  of  Artillery. 

2d  lieutenant  R.  D.  A.  Wade,  to  be  1st 
lieutenant,  10th  September,  1828,  vice 
Smith,  deceased. 

2d  lieutenant  Campbell  Graham,  to  be 
lat  lieutenant,  1 1th  September,  1828,  vice 
Rigail,  resigned. 

Brevet  2d  lieutenant  N.  B.  Buford  of 
artillery,  to  be  2d  lieutenant,  1st  July, 
1827. 

Brevet  2d  lieutenant  George  Fetterman 
of  artillery,  to  be  2d  lieutenant,  1st  July, 
1827. 

First  regiment  of  infantry. 

Brevet  2d  lieutenant  Thomas  B.  W. 
Stockton  of  infantry,  to  be  2d  lieutenant, 
1st  July,  1827. 

Second  regiment  of  Infantry. 

Major  Alexander  Cummings  of  the  7th 
infantry,  to  be  lieutenant  colonel,  20th 
August,  1828,  vice  Lawrence,  promoted. 

2d  lieutenant  J.  B.  Pendleton,  to  be  1st 
lieutenant,  17th  September,  1828,  vice 
Griswold,  deceased. 

Brevet  2d  lieutenant  Abner  R.  Hetzel 
of  infantry,  to  be  2d  lieutenant  1st  July, 
1827. 

Fifth  regiment  of  Infantry. 

Lieutenant  colonel  W.  Lawrence,  of 
the  2d  infantry,  to  be  colonel,  20th August, 
1828,  vice  Snelling,  deceased. 

1st  lieutenant  Martin  Scott,  to  be  cap- 
tain, 16th  August,  1828,  vice  Hamilton, 
resigned. 

1st  lieutenant  Gideon  Lowe,  to  be  cap- 
tain, 20th  August,  1828,  vice  Burbank, 
promoted. 

2d  lieutenant  David  Hunter,  to  be  1st 
lieutenant,  30th  June,  1828,  vice  Green, 
deceased. 

2d  lieutenant  Henry  Clark,  to  be  1st 
lieutenant,  16th  August,  1828,  vice  Scott, 
promoted. 

2d  lieutenant  Anthony  Drane,  to  be 
1st  lieutenant,  20th  August,  1828,  vice 
Lowe,  promoted. 

2d  lieutenant  Alexander  Johnston,  to 
be  1st  lieutenant,  22d  August,  1828,  vice 
Grier,  deceased. 

2d  lieutenant  W.  B.  Thompson  to  be 
1st  lieutenant, 30th  September,  1828, vice, 
Mellvain,  resigned. 

Brevet  2d  lieutenant  John  <J.  Furman, 
of  infantry,  to  be2d  lieutenant,  1st  July, 
1827. 

Voa.  III. 


Brevet  2d  lieutenant  Alexander  S. 
Hooe,  of  infantry,  to  be  2d  lieutenant,  1st 
July,  1827. 

Brevet  2d  lieutenant  David  Perkins,  of 
infantry,  to  be  2d  lieutenant,  1st  July, 
1827. 

Brevet  2d  lieutenant  Alexander  J.  Cen- 
ter, of  infantry,  to  be  2d  lieutenant,  1st 
July,  1827. 

Brevet  2d  lieutenant  Joseph  H.  La- 
mote,  of  infantry,  to  be  2d  lieutenant  1st 
July,  1827. 

Sixth  regiment  of  Infantry. 

1st  lieutenant  Jason  Rogers,  to  be 
captain,  30th  August,  1828,vice  Ketchum, 
deceased. 

2d  lieutenant  George  H.  Grossman,  to 
be  1st  lieutenant,  30th  August,  1828,  vice 
Rogers,  promoted. 

Brevet  2d  lieutenant  Philip  St.  George 
Cook  of  infantry,  to  be  2d  lieutenant,  1st 
July,  1827. 

Seventh  regiment  of  Infantry. 

Brevet  major  Sullivan  Burbank,  captain 
5th  infantry,  to  be  major  20th  August, 
1828,  vice  Cummings,  promoted. 

APPOINTMENTS. 

Assistant  Surgeons. 

William  L.  Wharton,  to  be  assistant 
surgeon,  1st  Sept.  1828. 

Assistant  Commissaries. 

1st  lieutenant  Thomas  P.Gwynn  of  the 
1st  infantry  to  be  assistant  commissary 
of  subsistence,  22d  September,  1828. 

2d  lieutenant  John  II.  Winder  of  the 
1st  artillery,  to  be  assistant  commissary 
of  subsistence,  25th  September,  1828. 

1st  lieutenant  James  Monroe  of  the  4th 
artillery,  to  be  assistant  commissary  of 
subsistence,  26th  September,  1828. 

Washington,  March  20,  1829'. 

Corps  of  Engineers. 

Brevet  2d  lieutenant  Alexander  H.Bow  - 
man,  to  be  2d  lieutenant,  1st  July,  1825. 

Topographical  Engineers. 
Brevet .  captain  William  T.  Poussin, 
assistant  topographical  engineer,  to  be 
topographical  engineer,  15th  January, 
1829,  with  the  brevet  rank  of  major, 
vice  Roberdeau,  deceased. 

1st  lieutenant  James  D.  Graham,  of 
the  3d  artillery,  appointed  assistant  topo- 
graphical engineer,  15th  January,  1829i 
with  the  brevet  rank  of  captain,  vice 
Poussin,  promoted. 

Third  regiment  of  infantry. 
2d  lieutenant  Egbert  B.  Birdsell,  to  be 
1st  lieutenant,  17th  February,  1829,  vice 
Hopson,  deceased. 
71 


562 


ANNUAL  REGISTER,  1827^8-9. 


Brevet  2d   lieutenant  Jefferson  Van 

Home,  to  be  2d  lieutenant,  1st  July,  1827. 

Fourth  regiment  of  Infantry. 
1st  lieutenant  George  W.  Allen,  to  be 

captain,  25th  January,  1829,  vice  Yan- 

cey,  deceased. 
2d  lieutenant  George  A.  M'Call,  to  be 

1st  lieutenant,  25th  June,  1829,  vice  Allen 

promoted. 

Brevet  2d  lieutenantWashington  Hood, 

to  be  2d  lieutenant,  1st  July,  1827. 

Brevet  promotions  of  officers  on  war  brevets, 
conferred  for  gallant  actions  and  merito- 
rious conduct :  and  of  officers  who  have 
faithfully  served  ten  years  in  one  grade. 

Major-General  by  brevet. 

Brigadier-general  Thomas  J.  Jesup, 
quartermaster-general,  8th  May,  1818,  to 
be  major-general  by  brevet,  to  take  rank 
from  8th  May,  1828. 

Brigadier-Generals  by  brevet. 

Colonel  John  R.  Fenwick,  colonel  of 
the  4th  artillery,  to  be  brigadier-general 
by  brevet,  to  take  rank  from  the  18th  of 
March,  1823. 

Colonel  Henry  Leavenworth,  colonel 
of  the  3d  infantry,  to  be  brigadier-general 
by  brevet,  to  take  rank  from  the  25th 
July,  1824. 

Colonel  John  McNeal,  colonel  of  the 
first  infantry,  to  be  brigadier-general  by 
brevet,  to  take  rank  from  the  25th  of 
July,  1824. 

Brevet  colonel  George  M.  Brooke, 
lieutenant-colonel  of  the  4th  infantry,  to 
be  brigadier-general  by  brevet,  to  take 
rank  from  the  17th  of  September,  1824. 

Colonel  Charles  Gratiot,  of  the  army 
of  the  United  States,  chief  engineer,  to 
be  brigadier-general  in  said  army,  by 
brevet,to  rank  from  the  24th  of  May,1828. 

Colonel  Walker  K.  Armistead,  colonel 
of  the  3d  artillery,  12th  November,  1818, 
to  be  brigadier-general  by  brevet,  to  take 
rank  from  the  12th  November,  1828. 
Colonels  by  brevet. 

Lieutenant-colonel  Abraham  Eustis, 
lieutenant-colonel  of  the  4th  artillery,  to 
be  colonel  by  brevet,  to  take  rank  from 
the  10th  of  September,  1824. 

Lieutenant-colonel  Joseph  G.  Totten, 
lieutenant-colonel  of  the  corps  of  engi- 
neers, to  be  colonel  by  brevet,  to  take 
rank  from  the  llth  of  September,  1824. 

Brevet  lieutenant-colonel  Roger  Jones, 
major  of  the  2d  artillery,  to  be  colonel  by 
brevet,  to  take  rank  from  the  17th  of 
September,  1824. 

Brevet  lieutenant-colonel  John  B.  Wai- 
bach,  major  of  the  1st  artillery,  and  lien- 


tenant-colonel  by  brevet,  1st  May,  1815, 
to  be  colonel  by  brevet ;  to  take  rank 
frem  the  25th  of  April,  1828. 

Lieutenant-colonel  William  Lawrence, 
lieutenant-colonel  of  the  2d  infantry,  8th 
of  May,  1818,  to  be  colonel  by  brevet,  to 
take  rank  from  the  8th  of  May,  1828. 

Lieutenant-colonel  Willoughby  Mor- 
gan, lieu  ten  ant-colonel  of  the  5th  infantry, 
10th  of  November,  1818.  to  be  colonel 
by  brevet,  to  take  rank  from  the  10th 
November,  1828. 

Lieutenant-Colonels  by  brevet. 

Major  Daniel  Baker,  major  of  the  3d 
infantry,  to  be  lieutenant-colonel  by  bre- 
vet, to  take  rank  from  the  9th  of  August, 
1822. 

Major  Ichahod  B.  Game,  major  of  the 
4th  artillery,  to  be  lieutenant-colonel  by 
brevet,  to  take  rank  from  the  13th  of 
November,  1823. 

Major  Sullivan  Burbank,  major  of  the 
7th  infantry,  to  be  lieutenant-colonel  by 
brevet,  to  take  rank  from  the  25th  July, 
1824. 

Brevet  major  W.  J.  Worth,  captain  of 
the  1st  artillery,  to  be  lieutenant-colonel 
by  brevet,  to  take  rank  from  the  25th  of 
July,  1824. 

Major  W.  S.  Foster,  major  of  the  4th 
infantry,  to  be  lieutenant-colonel  by  bre- 
vet, to  take  rank  from  the  15th  of  Au- 
gust, 1824. 

Brevet  Major  Alexander  C.  W.  Fan- 
ning, captain  of  the  2d  artillery,  ta  be 
lieutenant  colonel  by  brevet,  to  take  rank 
from  the  15th  of  August,  1824. 

Brevet  major  Alexander  S.  Brooks, 
captain  of  the  1st  artillery,  to  be  lieuten- 
ant colonel  by  brevet,  to  take  rank  from 
the  llth  of  September,  1822. 
Majors  by  Brevet. 

Captain  John  Mountfort,  captain  of 
the  2d  artillery,  to  be  major  by  brevet,  to 
take  rank  from  the  llth  September,  1824. 

Captain  Reynold  M.  Kirby,  captain  of 
the  1st  artillery,  to  be  major  by  brevet,  to 
take  rank  from  the  17th  of  September, 
1824. 

Captain  Samuel  Spotts,  captain  of  the 
4th  artillery,  to  be  major  by  brevet,  to 
take  rank  from  the  8th  of  January,  1825. 

Brevet  captain  William  Tell  Poussin, 
assistant  topographical  engineer,  to  be 
major  by  brevet,  to  take  rank  from  the 
6th  of  March,  1827. 

Captain  John  S.  M'Intosh,  captain  of 
the  4th  infantry,  8th  March,  1817,  to  be 
major  by  brevet,  to  take  rank  from  the  8th 
of  March,  1827. 


ARMY  PROMOTIONS. 


563 


Captain  Elijah  Boardman,  captain  of 
the  2d  infantry,  31st  March,  1817,  to  be 
major  by  brevet,  to  take  rank  from  the 
31st  March,  1827. 

Captain  John  Garland,  captain  of  the 
3d  infantry,  7th  May,  1817,  to  be  major 
by  brevet,  to  take  rank  from  the  7th  of 
May,  1827. 

Captain  Rufus  L.  Baker,  captain  of  the 
1st  artillery,  21st  May,  1817,  to  be  major 
by  brevet,  to  take  rank  from  the  21st  of 
May,  1827. 

Captain  James  M.  Glassel,  captain  of 
the  4th  infantry,  10th  of  February,  1818, 
to  be  major  by  brevet,  to  take  rank  from 
the  10th  of  February,  1828. 

Captain  Francis  L.  Dade,  captain  of  the 
4th  infantry,24th  of  February,  1818,  to  be 
major  by  brevet,  to  take  rank  from  the 24th 
of  February,  1828. 

Brevet  captain  John  Le  Conte,  assist- 
ant topographical  engineer,  to  be  major 
by  brevet,  to  take  rank  from  the  18th  of 
April,  1828. 

Captain  John  Erving,  captain  of  the 
4th  artillery,  25th  of  April,  1818,  to  be 
major  by  brevet,  to  take  rank  from  the 
25th  of  April,  1828. 

Captain  Philip  Wager,  captain  of  the 
4th  infantry,  8th  of  May,  1818,  to  be  ma- 
jor by  brevet,  to  take  rank  from  the  8th 
of  May,  1828. 

Brevet  captain  Hartman  Bache,  assist- 
ant topographical  engineer,  to  be  major 
by  brevet,  to  take  rank  from  the  24th  of 
July,  1828. 

Captain  Bennet  Riley,  captain  of  the 
6th  infantry,  6th  of  August,  1818,  to  be 
major  by  brevet,  to  take  rank  from  the  6th 
of  August,  1828. 

Captain  Thomas  J.  Beall,  captain  of 
the  2d  infantry,  26th  of  September,  1818, 
to  be  major  by  brevet,  to  take  rank  from 
the  26th  September,  1828. 

Captain  Russell  B.  Hyde,  captain  of  the 
7th  infantry,  31st  of  October,  1818,  to  be 
major  by  brevet,  to  take  rank  from  the 
31?t  October,  1828. 

Captain  Theodore  W.  Maurice,  captain 
in  the  corps  of  engineers,  12th  of  Novem- 
ber, 1818,  to  be  major  by  brevet,  to  take 
rank  from  the  12th  of  November,  1828. 

Captain  Richard  A.  Zantzinger,  cap- 
lain  of  the  2d  artillery,  1818,  to  be  major 
by  brevet,  to  take  rank  from  the  12th  of 
December,  1828. 

Captain  Nathaniel  Young,  captain  of 
the  7th  infantry,  1st  January,  1819,  to  be 
major  by  brevet,  to  take  rank  from  the  1st 
January,  1829. 


Captains  by  brevet. 

1st  lieutenant  Joshua  B.  Brant,  1st  lieu, 
tenant  ofthe2d  infantry,  to  be  captain  by 
brevet,  to  take  rank  from  the  17th  of  Sep- 
tember, 1824. 

1st  lieutenant  Gustavus  S.  Drane,  1st 
lieutenant  of  the  2d  artillery,  15th  Novem- 
ber, 1817,  to  be  captain  by  brevet,  to  take 
rank  from  the  15th  November,  1827. 

1st  lieutenant  Timothy  Green,  1st  lieu- 
tenant of  the  1st  artillery,  20th  April,  1818, 
to  be  captain  by  brevet,  to  take  rank  from 
the  20th  April,  1828. 

1st  lieutenant  George  W.  Gardiner,  1st 
lieutenant  of  the2d  artillery,  20th  April, 
1818,  to  be  captain  by  brevet,  to  take 
rank  from  the  20th  April,  1828. 

let  lieutenant  Charles  S.  Merchant, 
1st  lieutenant  of  the  2d  artillery,  20th 
April,  1818,  to  be  captain  by  brevet,  to 
take  rank  20th  April,  1828. 

1st  lieutenant  Charles  Mellon,  1st  lieu- 
tenant of  the  2d  artillery,  20th  April,  1818, 
to  be  captain  by  brevet,  from  the  20th 
April,  1828. 

1st  lieutenant  Allen  Lowd,  1st  lieuten- 
ant of  the  2d  artillery,  20th  April,  1818, 
to  be  captain  by  brevet,  to  take  rank  from 
the  20th  April,  1828. 

1st  lieutenant  Henry  W.  Fitzhugh,  1st 
lieutenant  of  the  2d  artillery,  20th  April, 
1818,  to  be  captain  by  brevet,  to  take 
rank  from  the  20th  April,  1828. 

1st  lieutenant  James  S.  Abeel,  1st  lieu- 
tenant of  the  2d  artillery,  20th  April,  1818, 
to  be  captain  by  brevet,  to  take  rank  from 
the  20th  April,  1828. 

1st  lieutenant  Robert  L.  Armstrong, 
1st  lieutenant  of  the  2d  artillery,  2d  July, 
1818,  to  be  captain  by  brevet,  to  take  rank 
from  the  2d  July,  1828. 

1st  lieutenant  Patrick  H.  Gait,  1st  lieu- 
tenant of  the  4th  artillery,  26th  of  Sep- 
tember, 1818,  to  be  captain  by  brevet,  to 
take  rank  from  the  26th  of  September, 
1828. 

1st  lieutenant  Henry  W.  Griswold,  1st 
lieutenant  of  the  1st  artillery,  12th  of  De- 
cember, 1818,  to  be  captain  by  brevet,  to 
take  rank  from  the  12th  of  December, 
1828. 

1st  lieutenant  James  Monroe,  1st  lieu- 
tenant of  the  4th  artillery,  31st  of  Decem- 
ber, 1818,  to  be  captain  by  brevet,  to  take 
rank  from  the  31st  of  December,  1828. 

1st  lieutenant  George  W.  Allen,  1st 
lieutenant  of  tha  4th  infantry,  1st  of  Janu- 
ary, 1819,  to  be  captain  by  brevet,  to  take 
rank  from  the  1st  of  January,  1829. 

1st  lieutenant  John  Page,  1st  lieuten- 


564 


ANNUAL  REGISTER,  182T-S-9. 


ant  of  the  4th  infantry,  1st  of  January, 
1819,  to  be  captain  by  brevet,  to  take  rank 
from  the  1st  of  January,  1829. 
By  command  of  the  Secretary  of  War, 
R.  JONES,  Adjutant  General. 

APPOINTMENTS. 

Assistant  Commissaries. 

1st  lieutenant  Charles  S.  Merchant,  of 
the  3d  artillery,  to  be  assistant  commissa- 
ry of  subsistence,  llth  March,  1829. 

2d  lieutenant  L.  F.  Carter,  of  the  7th 
infantry,  to  be  assistant  commissary  of 
subsistence,  12th  February,  1829. 

TRANSFERS. 

Willoughby  Morgan,  lieutenant  colonel 
of  the  5th  infantry,  transferred  to  the  3d 
infantry. 


Enos  Cutler,  lieutenant  colonel  of  the 
3d  infantry,  transferred  to  the  5th  infantry. 

Waddy  V.  Cobbs,  captain  of  the  1st  in- 
fantry, transferred  to  the  2d  infantry. 

Thomas  J.  Beall,  captain  of  the  2d  in- 
fantry, transferred  to  the  1st  infantry. 

Joseph  P.  Taylor,  captain  of  the  3d  ar- 
tillery, transferred  to  the  2d  artillery. 

Elijah  Lyon,  captain  of  the  2d  artille- 
ry, transferred  to  the  3d  artillery. 

Since  the  date  of  his  brevet  nomination- 
in  May,  lieutenant  colonel  Lawrence  has 
received  the  promotion  of  full  colonel  of 
the  5th  regiment  of  infantry ;  and  first 
lieutenant  Allen,  of  the  4th  infantry,  was 
promoted  to  the  rank  of  captain  in  his 
regiment,  since  the  date  of  liis  nomination 
for  brevet  promotion. 


NAVY  PROMOTIONS. 


CAPTAINS.  •    % 

Wolcott  Chauncey,  Edmund  P.  Kenne- 
dy, Alexander  J.  Dallas,  John  B.  Nichol- 
son, April  24th,  1828. 

Beekman  V.  Hoffman,  Jesse  Wilkinson, 
Thomas  Ap.  Catesby  Jones,  March  llth, 
1829. 

MASTER  COMMANDANTS. 

Lawrence  Rousseau,  George  W.  Sto- 
rer,  Robert  M.  Rose,  Beverly  Eennon, 
Edward  R.  Shubrick,  Francis  H.  Gregory, 
John  H.  Clack,  Philip  F.  Voorhees,  Ben- 
jamin Cooper,  William  L.  Gordon,  April 
24th,  1828. 

Samuel  W.  Adams,  Silas  Duncan, 
James  Ramage,  David  Geisinger,  March 
llth,  1829. 

LIEUTENANTS. 

To  be  lieutenants  in  the  navy,  from  28th 
April,  1826,  to  take  rank  in  the  ordsr  as 
here  placed,  next  after  lieutenant  Thomas 
J.  Leibe.  Passed  midshipmen,  William 
G.  Woolsey,  William  H.  Kennon,  Arthur 
Lewis. 

The  following  passed  midshipmen  to  be 
lieutenants  in  the  navy,  from  the  3d  of 
March,  1827 ,  to  take  rank  as  follows:  Hen- 
ry Pinckney,  to  take  rank  next  after  G. 
J.  Van  Brunt;  1,  William  M.  Glen.dy,  2, 
John  H.  Little ;  3,  George  P.  Upshur;  4 
William  Green,  to  take  rank  next  after 
Zachariah  F.  Johnson.;  Timothy  G.  Ben* 
ham,  to  take  rank  next  after  George 
Izard,  jun. ;  Albert  E.  Downes,  to  take 


rank  next  after  Albert  G.  Slaughter; 
Oscar  Bullus,  to  take  rank  next  after  Al- 
bert E.  Downes;  John  L.  Thomas,  to 
take  rank  next  after  Oscar  Bullus; 
Charles  H.  Jackson,  to  take  rank  next  af- 
ter John  Marshall ;  Andrew  A.  Harwood, 
to  take  rank  next  after  Charles  H.  Jack- 
son ;  Joseph  R.  Blake,  to  take  rank  next 
after  Thomas  M'Kean  Buchanan ;  John 
Hamilton,  to  take  rank  next  after  Joseph 
R.  Blake ;  John  M.  Rinker,  to  take  rank 
next  after  Theodorus  Baily,  jun. ;  Hugh 
Y.  Purviance,  to  take  rank  next  after 
Alexander  M.  Mull,  agreeably  to  their  re- 
spective nominations. 

Passed  midshipman,  George  Adams,  to 
take  rank  next  after  Hugh  V.  Purviance. 

To  be  lieutenants  in  the  navy  of  the  Uni- 
ted States,  to  take  rank  in  the  order  in  which 
their  names  are  here  placed.  Passed  mid- 
shipmen: 1,  Cadwallader  Ringgold;  2, 
Samuel  M.  Breckenridge ;  3,  John  Gra- 
ham ;  4,  William  F.  Lynch ;  5,  Henry  W. 
Morris  ;  6,  Isaac  S.  Steritt ;  7,  Francis  B. 
Ellison;  8,  Edward  B.  Bout  well;  9, 
James  T.  Homans ;  10,  John  E.  Bispham ; 
11, Sidney  Smith  Lee;  12,  William  C. 
Whittle;  13, Richard  H.  Morris;  14,  Ro- 
bert D.  Thorburn ;  15,  Lloyd  B.  Newell ; 
16,  John  Cassan ;  17,  Paul  H.Hayne;  18, 
William  S.  Ogden ;  19,  Edward  O.  Blan- 
chard;  20,  Henry  T.  Auchmuty;  21, 
John  G.  Rodgers ;  22,  Frederick  A.  Ne- 
ville ;  23, Edmund  M.  Russell;  24,  R.  R 


NAVY  PROMOTIONS. 


565 


M'Mullin;  25,  Hampton  Westcott;  26, 
Joseph  Sterlings;  27,  John  Manning; 
28,  Elias  C,  Taylor ;  agreeably  to  their 
nominations  respectively. 

Passed  midshipmen*  John  H.  Marshal, 
Thompson  D.  Shaw,  Samuel  Lockwood, 
Hillery  H.  Rhodes,  Gary  H.  Hansford, 
John  W.  Mooers,  Charles  C.  Turner,  to 
rank  after  Hampton  Westcott. 
SURGEttNS. 

James  Page,  is  to  be  surgeon  in  the  na- 
vy, from  23d  April,  1827. 

To  i>e  surgeons  in  the  navy,  from  3d  Jan- 
uary, 1828.  Surgeons'  mates ;  1,  Waters 
Smith ;  2,  Benjamin  F.  Bache ;  3,  Augus- 
tus A.  Adee ;  4,  Thomas  Dillard. 

To  be  turgeont'  mates  in  the  navy*  from 
3d  January,  1828.  1,  Samuel  Bar  ring  ton ; 
2,  William  Milnor  ;  3,  Thomas  L.  Smith ; 
4,  William  Whelan ;  5,  Andrew  F.  Ken- 
nedy; 6,  Jacob  Jimeson;  7,  Lewis  B. 
Hunter;  8,  George  Blacknell. 

To  be  chaplains  in  the  navy.  lohn  P. 
Ftnner ;  Greenbury  W.  Ridgely  ;  Her- 
vey  H.  Hayes ;  Charles  S.  Stewart. 

Patted  assistant  surgeons.  Stephen  Ra- 
palje,  Robert  P.  Macomber,  to  be  sur- 
geons from  the  4th  of  December,  1828. 

£.  H.  Freeland,  Richard  Barnum,  Fred- 
erick Wessels,  H.  N.  Glentworth,  to  be 
assistant  Surgeons. 

Appointments  in  the  marine  corps,  by  the 
President,  by  and  with  the  advice  and  con- 
tent of  the  senate. 

Brevet  major  William  Anderson,  of  the 


marine  corps,  to  be  lieutenant  colonel  by 
brevet. 

Theodore  Bainbridge,  of  New -York,  to" 
be  second  lieutenant  in  the  marine  corps. 

Captain  Joseph  L.  Kuhn,  to  be  pay- 
master in  the  marine  corps. 

Brevet  captain  Park  G.  Howie,  to  be 
adjutant  and  inspector ;  and 

First  lieutenant  Elijah  J.  Weed,  to  be 
quartermaster  of  the  marine  corps. 

First  lieutenants  in  the  marine  corps,  to 
be  captains  of  marinet  by  bretet,from  18/A 
April,  182f.  Thomas  A.  Linton;  Ri- 
chard T.  Auchmuty;  James  Edelin; 
Parke  G.  Howel. 

Charles  T.  Spering,  2d  lieutenant  in 
the  marine  corps,  to  be  first  lieutenant  of 
marines. 

Alexander  Clinton  McLean,  of  New- 
York,  to  be  a  second  lieutenant  in  the  Uni- 
ted States  marine  corps. 

James  Brooks,  of  Virginia,  Granvill  C. 
Cooper,  of  Massachusetts,  Francis  B. 
Stockton  of  New- York,  to  be  pursers. 

Navy  Agents. — George  Harrison,  Phi- 
ladelphia; James  Riddle,  Newcastle,  De- 
laware; Isaac  Phillips,  Baltimore,  Ma- 
ryland ;  Miles  King,  Norfolk,  Virginia ; 
John  P.  Henry,  Savannah,  Georgia ; 
John  T.  Robertson,  Charleston,  South- 
Carolina  ;  Matthew  Harvey,  Portsmouth, 
New-Hampshire ;  James  K.  Paulding,  of 
New-York,  New-York ;  Nathaniel  Amo- 
ry,  of  Massachusetts,  Pensacola ;  Andrew 
Armstrong,  of  Pennsylvania,  Lima. 


TWENTIETH  CONGRESS. 


SENATE. 
President  of  the  Senate,  John  C.  Calhoun,  of  South  Carolina. 


From  Maine — John  Chandler,  1829 

Albion  K.  Parris,  1833 

New-Hampshire—  Samuel  Bell,  1829 

Levi  Woodbury,  1831 

Massachusetts — Nathaniel  Silsbee,  1829 

Daniel  Webster,  1833 

Connecticut— Samuel  A.  Foot,  1833 

Calvin  Willey,  1831 

Rhode  Island— Nehemiah  R.  Knight,  1829 

Asher  Robbins,  1833 

Vermont— Dudley  Chase,  1831 

Horatio  Seymour,  1833 

New- For fc— Martin  Van  Buren,  1833 

Nathan  Sanford,  1831 


New-Jersey — Mahlon  Dickerson,  1829 

Ephraim  Bateman,  1833 

Pennsylvania — William  Marks,  1833 

Isaac  D.  Barnard,  1833 

Delaware — Louis  M'Lane,  1833 

Henry  M.  Ridgeley,  1829 

Maryland — Ezekiel  F.  Chambers,  1831 

Samuel  Smith,  1833 

Virginia— Littleton  W.  Tazewell,  1829 

John  Tyler,  1832 

North-Carolina— John  Branch,  1829 

Nathaniel  Macon,  1831 

South-Carolina— William  Smith,  1831 

Robert  Y.Hayne,  1829 


566 


ANNUAL  REGISTER,  1827-8-9. 


Georgia — John  M'Pherson  Berrien,  1831     Indiana — William  Hendricks,  1831 

James  Noble,  1833 

Mississippi — Powhatan  Ellis,  1833 

Thomas  H.  Williams,  1829 


Thomas  W.  Cobb, 

Kentucky — Richard  M.  Johnson,  1829 

John  Rowan,  1831 

Tennessee— John  H.  Eaton,  1833 

Hugh  L.  White,  1829 

OA»o— William  H.  Harrison,  1831 

Benjamin  Ruggles,  1833 

Louisiana — Dominique  Bouligny,  1829 

Josiah  S.  Johnston,  1831 


Illinois— Elias  K.  Kane,  1831 

Jesse  B.  Thomas,  1829 

Alabama — John  McKinley,  1831 

William  R.  King, 

Missouri — David  Barton,  1831 

Thomas  H.  Benton,  1833 


HOUSE  OF  REPRESENTATIVES. 
Speaker,  Andrew  Stevenson,  Virginia. 


Maine. 

George  E.  Wales. 

John  Anderson, 

Wtiit  Ynrtr 

Samuel  Butman, 
Rufus  M'lntirc, 
Jeremiah  O'Bryen, 
James  W.  Ripley, 
Peleg  Sprague, 
Joseph  F.  Wingate. 
New-  Hampshire. 
Ichabod  Bartlett, 
David  Barker,  jr. 
Titus  Brown, 
Joseph  Healy, 
Jonathan  Harvey, 
Thomas  Whipple,  jr. 
Massachusetts. 
Samuel  C.  Allen, 
John  Bailey, 
Isaac  C.  Bates, 
Benj.  W.  Crowninshield, 
John  Davis, 
Henry  W.  Dwight, 
Edward  Everett, 
Benjamin  Gorham, 
James  L.  Hodges, 
John  Locke, 
John  Reed, 
Joseph'  Richardson, 
John  Varnum. 
Rhode  Island. 
Tristram  Burgess, 
Dutee  J.  Pearce. 
Connecticut. 
John  Baldwin, 
Noyes  Barber, 
Ralph  J.  Ingersoll, 
Orange  Merwin, 

J  T  Cu/    M.  VTK. 

Daniel  D.  Barnard, 
George  O.  Belden, 
Rudolph  Bunner, 
C.  C.  Cambreleng, 
Samuel  Chase, 
John  C.  Clark, 
John  D.  Dickinson, 
Jonas  Eaill,  jr. 
Daniel  G.  Garnsey, 
Nathaniel  Garrow, 
John  I.  De  Graff, 
John  Hallock,  jr. 
Selah  R.  Hobbie, 
Michael  Hoffman, 
.  Jeromus  Johnson, 
Riehard  Keese, 
Henry  Markell, 
H.  C.  Martindale, 
Dudley  Marvin, 
John  Magee, 
John  Maynard, 
Thomas  J.  Oakley, 
S.  Van  Rensselaer, 
Henry  R.  Storrs,  . 
James  Strong, 
John  G.  Slower, 
Phineas  L.  Tracey, 
John  W.  Taylor, 
G.  C.  Verplanck, 
Aaron  Ward, 
John  J.  Wood, 
Silas  Wood, 
David  Woodcock, 
Silas  Wright,  jr. 

Elisha  Phelps, 

New-Jersey. 

David  Plant. 

Lewis  Condict, 

Vermont. 

George  Holcombe, 

Daniel  A.  A.  Buck, 

Isaac  Pierson, 

Jonathan  Hunt, 

Samuel  Swan, 

Rollin  C.  Mallary, 

Hedge  Thompson, 

Benjamin  Swift, 

Ebenezer  Tucker. 

Pennsylvania. 
William  Adams, 
Samuel  Anderson, 
Stephen  Barlow, 
James  Buchanan, 
Richard  Coulter, 
Chauncey  Forward, 
Joseph  Fry,  jr. 
Innes  Green, 
Samuel  D.  Ingham, 
George  Kremer, 
Adam  King, 
Joseph  Lawrence, 
Daniel  H.  Miller, 
Charles  Miner, 
John  Mitchell, 
Samuel  M'Kean, 
Robert  Orr,  jr. 
William  Ramsay, 
John  Sergeant, 
James  S.  Stevenson, 
John  B.  Sterigere, 
Andrew  Stewart, 
Joel  B.  Sutherland, 
Espy  Van  Horn, 
James  Wilson, 
George  Wolf. 

Delaware. 
Kensey  Johns,  jr. 
Maryland. 
John  Barney, 
Clement  Dorsey, 
Levin  Gale, 
John  Leeds  Kerr, 
Peter  Little, 
Michael  C.  Sprigg, 
G.  C.  Washington, 
John  C.  Weems, 
Ephraim  K.  Wilson. 

Virginia. 
Mark  Alexander, 
Robert  Allen, 
William  S.  Archer, 
William  Armstrong,  jr. 


TWENTIETH   CONGRESS. 


567 


John's.  Barbour, 
Philip  P.  Barbour, 
Burwell  Bassctt, 
N,  H.  Claiborne, 
Thomas  Davenport, 
John  Floyd, 
Isaac  Leffler. 
Lewis  Maxwell, 
Charles  F.  Mercer, 
William  M'Coy, 
Thomas  Newton, 
John  Randolph, 
William  C.  Rives, 
John  Roane, 
Alexander  Smyth, 
A.  Stevenson,  Speaker, 
John  Talliaferro, 
James  Trezvant. 

Jforth  Carolina. 
Willis  Alston, 
Daniel  L.  Barringer, 
John  H.  Bryan, 
Samuel  P.  Carson, 
Henry  W.  Conner, 
John  Culpeper, 
Thomas  H.  Hall, 
Gabriel  Holmes, 
John  Long, 
Lemuel  Sawyer, 
A.  H.  Shepperd, 
Daniel  Turner, 
Lewis  Williams. 

South-Carolina. 
John  Carter, 
Warren  R.  Davis, 
William  Drayton, 
James  Hamilton,  jr. 
George  M'Duffie, 


William  D.  Martin, 
Thomas  R.  Mitchell, 
William  T.  Nuckolls, 
Starling  Tucker. 

Georgia. 
John  Floyd, 
Tomlinson  Fort, 
Charles  E.  Haynes, 
George  R.  Gilmer, 
Wilson  Lumpkin, 
Wiley  Thompson, 
Richard  H.  Wilde. 

Kentucky. 

Richard  A.  Buckner, 
Thomas  Chilton. 
James  Clark, 
Henry  Daniel, 
Joseph  Lecompte, 
Robert  P.  Letcher, 
Chittenden  Lyon, 
Thomas  Metcalfe, 
Robert  M'Hatton, 
Thomas  P.  Moore, 
Charles  A.  WicklifFe, 
Joel  Yancey, 

Tennessee. 
John  Bell, 
John  Blair, 
David  Crockett, 
Robert  Desha, 
Jacob  C.  Isaacks, 
Pryor  Lea, 
John  H.  Marable, 
James  C.  Mitchell, 
James  K.  Polk. 
Ohio. 
Mordecai  Bartley, 


Philemon  Beecher, 
William  Creighton,  jr. 
John  Davenport, 
James  Findlay, 
William  M'Lean, 
William  Russell, 
John  Sloane, 
William  Stanbery, 
Joseph  Vance, 
Samuel  F.  Vinton, 
Elisha  Whittlesey, 
John  Woods, 
John  C.  Wright. 

Louisiana. 
William  L.  Brent, 
Henry  H.  Gurley, 
Edward  Livingston. 

Indiana. 

Thomas  H.  Blake, 
Jonathan  Jennings, 
Oliver  H.  Smith. 

Mississippi, 
William  Haile. 

Illinois. 
Joseph  Duncan. 

Alabama. 
Gabriel  Moore, 
John  M'Kee, 
George  W.  Owen. 

Missouri. 
Edward  Bates. 

Arkansas. 
Vacant. 

Michigan. 
Austin  E.  Wing. 
Florida. 
Joseph  M.  White. 


OFFICERS  OF   CONGRESS. 

OFFICERS  OF  THE  SENATE. 


SECRETARY. 

Walter  Lowrie,  Penn.  |3000 

SERGEANT-AT-ARMS  AND  DOOR  KBGPBR. 

Mountjoy  Bailey,  Va.  $1500 

CHAPLAIN. 

Rev.  Mr.  Ryland,        -        -  500 


OFFICERS  OF  THE  HOUSE. 

CLERK   OF  THE   HOUSE. 

M.  St.  Clair  Clark,  Penn.    - 
S.Burch,  Chief  Clk.Va.     - 

SERGE  A  NT-AT- ARMS. 

J.  O.  Dunn,  Dist.  Col. 

CHAPLAIN. 

Rev.  Mr.  Post,     •'-••••'     :'*', 


1800 
1500 
500 


LIBRARIAN— George  Watterston, 


$1500 


668 


ANNUAL  kEGISTER,  1827-8-9. 


GOVERNORS  OF  STATES. 


1827. 

1828. 

Maine, 

Enoch  Lincoln, 

Enoch  Lincoln. 

New-Hampshire, 

Benjamin  Pierce, 

John  Bell. 

Massachusetts, 

Levi  Lincoln, 

Levi  Lincoln. 

Vermont, 

Ezra  Butler, 

Samuel  C.  Crafts, 

Rhode-Island, 

James  Fenner, 

James  Fenner. 

Connecticut, 

Gideon  Tomlinson, 

Gideon  Tomlinson. 

New-York, 

De  Witt  Clinton, 

Nathaniel  Pitcher,  acting  Gov, 

New-Jersey, 

Isaac  H.  Williamson, 

Isaac  H.  Williamson. 

Pennsylvania, 

John  Andrew  Shulze, 

John  Andrew  Shulze. 

Delaware, 

Charles  Polk, 

Charles  Polk. 

Maryland, 

Joseph  Kent, 

Joseph  Kent. 

Virginia, 

William  B.  Giles, 

William  B.  Giles. 

North  Carolina, 

Hutchins  G.  Burton, 

James  Iredell. 

South  Carolina, 

John  Taylor, 

Stephen  D.  Miller. 

Georgia, 

John  Forsyth, 

John  Forayth. 

Alabama, 

John  Murphy, 

John  Murphy. 

Louisiana, 

Henry  Johnson, 

Peter  Derbigny. 

Mississippi, 

Gerard  C.  Brandon, 

Gerard  C.  Brandon. 

Tennessee, 

William  Carroll, 

Samuel  Houston. 

Kentucky, 

Joseph  Desha, 

Thomas  Metcalf. 

Ohio, 

Allen  Trimble, 

Allen  Trimble. 

Indiana, 

James  B.  Ray, 

James  B.  Ray. 

Illinois, 

Ninian  Edwards, 

Ninian  Edwards. 

Missouri, 

John  Miller. 

TERRITORIES. 

Michigan, 

Lewis  Cass, 

Lewis  Cass. 

Florida, 

William  P.  Duvall, 

William  P.  Duratt. 

Arkansas, 

George  Izard, 

George  Izard. 

REPORTS  ON  THE  SINKING  FUND  FOR  1826  &  T. 


110,616  97 


The  sums  disbursed  from  the  Treasury,  during  the  year  1826,  on  account  of  the 
principal  and  interest  of  the    public  debt,   amounted,  as   per  last  annual   report, 

to    $11,045,466  30 

And  were  accounted  for  in  the  following  manner,  viz : 
There  was  applied  for  the  payment  of  a  sum  short  provided  on 
account  of  the  public  debt,  prior  to  the  1st  of  January,  1826,  .. 
There  was  repaid  into  the  Treasury  on  account  of  moneys  ad- 
vanced for  the  payment  of  the  six  percent,  stock  of  1813,  (loan 

of  1\  millions,) 

And  there  was  applied  during  the  year  1826,  towards  the  payment 
of  the  principal  and  interest  of  the  public  debt,  as  ascertained  by 
accounts  rendered  to  the  Treasury  Department,  $1 1,0 10,972  75 

In  the  redemption  of  the  6  per  cent,  stock  of  1813, 

(residue  of  the  loan  of  1\  millions,) 5,062,402  50 

In  the  redemption  of  the  6  per  cent,  stock  of  1813, 
(part  of  the  loan  of  16  millions) 2,002,306  71 

In  the  redemption  of  the  residue  of  the  7  per  cent. 
stockofl815 2500 

In  the  reimbursement  of  Treasury  notes, 2,389  58 

Ditto  of  Mississippi  Stock 450  00 


REPORTS  ON  SINKING  FUND.  [569 

. 

In  the  payment  of  certain  parts  of  the  domestic  debt, 
(certificates  of  the  old  registered  debt,) 27  86 

7,067,601  65 
The    interest  which    accrued    for    the  year  1826, 

amounted  to 3,943,371  10 


11,010,972  75 

Deduct  short  provided 82,145  12 

10,928,827  63 


$11,045,466  30 

1 1— -^^.         - 


During  the  year  1827,  the  following  disbursements  were  made  by  the  Treasury,  on 
account  of  the  principal  and  interest  of  the  public  debt,  viz  : 

On  account  of  the  interest  of  the  debt, $3,482,509  21 

For  interest  on  Louisiana  stock,  being  a  balance  due  the  late  agents 

in  London 3,562  30 

On  account  of  the  redemption  of  the  6  per  cent,  stock  of  1813, 

(2d  and  3d  payments  of  the  loan  of  16  millions,) 6,507,466  85 

In  the  reimbursement  of  Mississippi  stock, 1,642  48 

Do.                   of  Treasury  notes, 6,38403 

In  payment  of  certificates  of  the  (old)  registered  debt, 21  12 

Making  together, $10,001,585  99 

Which  disbursements  were  made  from  the  appropriation  of  ten  millions  of  dollars 
for  the  year  1827,  and  from  the  unexpended  balance  of  the  appropriations  at  the  com- 
mencement of  that  year,  to  be  accounted  for  in  the  next  annual  report. 

There  is  estimated  to  have  been  applied  to  the  deficiency  at  the  end  of  the  year 
1826, 82,145  12 

In  the  redemption  of  the  principal  of  the  public  debt 6,515,514  48 

And  on  account  of  the  interest  of  the  debt,  viz  : 

There  was  paid  to  the  late  agent  in  London 
for  paying  interest  on  Louisiana  stock,  a  bal- 
ance due  them  of 3,562  30 

The  interest  on  the  public 
debt  for  the  year  1827,  is  esti- 
mated at  3,518,313  37 

Of  this  sum  there  was  short 

provided, 117,949  28 

3,400,364  09 

—  3,403,926  39 

$10,001,585  99 

The  payments  from  the  Treasury,  during  the  year  1827,  on  account  of  the  prin- 
cipal and  interest  of  the  public  debt,  amounted,  as  per  last  annual  report,  to 

§10,001,585  99 

And  have  been  accounted  for  in  the  following  manner,  viz  : 
There  was  applied  during  the  year  1827,  towards  the  principal  and 
interest  of  the  public  debt,  the  sum  of 10,035,366  34 

Viz :  In  the  redemption  of  the  6  per  cent,  stock  of 

1813,  (16,000,000  loan,) fc. 6,507,466  84 

In  the  reimbursement  of  Mississippi  stock, 1,642  48 

Ditto  of  Treasury  notes, 6,384,03 

Ditto  of  registered  debt, 2112 

6,515,514  47 
72 


* 
«70]  ANNUAL  REGISTER— 1827-8-9. 

In  the  payment  of  interest  and  charges, $3,519,851  87 

10,035,366  34 

There  was  a  repayment  during  that  year,  of 01 

And  there  was  a  loss  on  a  bill  of  exchange  remitted 
to  the  late  agents  for  paying  interest  on  Louisiana 
stock  in  London,  of 353  03 

10,035,719  38 

Amount  short,  provided  on  account  of  unclaimed  divi- 
dends,    34,133  39 

10,001,585  99 

During  the  year  1828,  the  following  disbursements  were  made  on  account  of  the 
principal  and  interest  of  the  public  debt,  viz  : 

On  account  of  the  interest  of  the  debt, $3,098,867  6 1 

Towards  the  redemption  of  the  6  per  cent,  stock, 9,051,243  89 

In  payment  of  Mississippi  certificates, 6,425  00 

Ditto    of  Treasury  notes, 3,85000 

Ditto    of  debts  due  to  foreign  officers, 3,118  59 

Making  together, •      $12,163,505  09 

Which  disbursements  were  made  from  the  appropriation  often  millions  of  dollars 
for  the  year  1828,  and  from  the  unexpended  balance  of  the  appropriations  at  the  com- 
mencement of  that  year,  to  be  accounted  for  in  the  next  annual  report. 

'in  the  redemption  of  the  principal  of  the  public  debt, $9,064,637  48 

The  intereston  the  debtforthe  year  1828  is  estimated  at ....  3,102,070  71 

Of  this  sum,  there  was  short,  provided  on  account  of  unclaimed 

dividends, 3,20310 

3,098,867  61 

$12,163,505  09 


PUBLIC  DEBT. 

The  public  debt  of  the  United  States  at  the  several  periods  indicated  below,  ap- 
pears by  the  following  statement. 
Jn  1791     $75,169,974  >      There  was  some  increase  of  debt  in  each  of  the  six  years, 

81,642,272  (except  1794— in  which  there  was  a  reduction  of  it. 

77,399,909  }      The  debt  was  increased  in  consequence  of  the  military 

82,000,167  >  preparations  against  France,  to  1801,  when  Mr.  Jefferson'g 

74,731.922  )  administration  commenced. 

85,853,643  ?      Increased  in  1804,  by  (he  purchase  of  Louisiana.      Mr. 

56,732,379  <  J.'s  administration  ended  4th  March,  1809. 


1796 
1799 
1801 
1803 
1804 
1809 
1810 
1812 
1813 
1816 
1817 
1820 
1821 
1822 
1825 
1826 
1828 
1829 


53,156,532 
45,035,123 
55,907,452 
123,016,375 
115,807,805 
91,015,566 
89,987,427 
93,546,676 
83,788,432 
81,054,059 
67,475,622 
58,362,135 


The  debt  was  at  its  lowest  amount  in  1812,  in  Mr.  Madi- 
son's administration,  and  preceding  the  war. 

War  and  war  debts — highest  amount  in  1816. 

Mr.  Monroe's  administration.  Rapid  reductions  since  1816, 
the  receipts  from  the  Customs  and  other  sources  being  large. 

Increase  because  of  the  purchase  of  Florida,  and  short 
receipts  from  the  customs,  &c.  in  1820,  '21,  &c.  Mr.  Mon- 
roe's administration  ends. 

Mr.  Adams'  administration  commenced  4th  March,  1826, 
and  ended  3d  March,  1829. 


PUBLIC  DEBT, 


[571 


STATEMENT  of  the  annual  appropriation  of  ten  millions  of  dollars,  by  the  second 
section  of  the  act  to  provide  for  the  redemption  of  the  Public  Debt,  passed  on  the  3d 
of  March,  1817. 


Application  in  1817  

$  10,000,000  00 

Appropriation  for  1817 

$  10,000,000 

Do.       in   anticipation 
of  the    appropriation  oi 
1818  

2,830,108  52 

1818 
1819 
1820 

10,000,000 
10,000,000 
10,000,000 

7,169,891  48 

1821 

10,000,000 

Do.        in  1819  
Do.        in  1820  

7,703,821  87 
8  628  514  28 

1822 
1823 

10,000,000 
10  000,000 

Do.        in  1821  

8,367,093  62 

1824 

10,000,000 

Do.        in  1822  

7,849,159  67 

1825 

10,000,000 

Do.        in  1823  

5,529,805  86 

1826 

10,000,000 

Do.        in  1824  

16,568,393  76 

1827 

10,000,000 

Do.        in  1825  

12,099,044  78 

1828 

10,000,000 

Do.        in  1826  

11,039,444  60 

Do.        in  1827  

10  OOT  585  98 

Do.        in  1828  

12  163  505  08 

Balance  unapplied,  1st  Jan- 
uary. 1829... 

49,630  50 

120,000,000  00 

Dollars 

120,000,000 

STATMEJfT of  the  funded  debtofthe  United  States,  as  it  wittexist  on  the  1st  of  January, 
1829,  exhibiting  also  the  dates  of  the  acts  under  which  the  several  stocks  were  constitu- 
ted, and  the  periods  at  which  they  are  or  were  redeemable. 


STOCKS. 

Date  of  acts  con- 
stituting the  se- 
veral stocks. 

Periods  when  re- 
deemable. 

AMOUNTS. 

3p.ct.  stock,  (Re- 
volutionary 
debt) 

6  p.  ct.  stock, 
6  p.  ct.  stock, 

4  August,  '90 

24  March,  '14 
3  March,  '15 

At  the  pleasure  of 
government. 
In  1827 
In  182S 

Dolls.        Ct$. 

6,789,722  92 
9,490,099  10 

Dolls.         Cts. 
13,296,249  45 

6  p.  ct.  stock, 
6  p.  ct.  stock, 

5  p.  ct.  stock, 
(subscription 
to  bank  U.  S.) 

5  p.  ct.  stock, 
Ditto 
Exchange  5 
p.  ct.  stock, 

4i  p.  ct  stock, 
Ditto 
Exchanged  4J  p. 
ct.  stock, 

Ditto 

24  March,  '14 
3  March,  '15 
Amou 

10  April,  '16 

15  May,  '20 
3  March,  '21 

20  April,  »22 

Amou 
24  May,  '24 
26  May,  '24 

26  May,  '24 
3  March,  '25 

Amou 

In  1827 
In  1828 
nt,  at  6  per  cent. 

At  the  pleasure  of 
government. 
In  1832 
In  1835 

1-3  in  1830 
do    1831 
do    1832 
it,  at  5  per  cent. 
In  1832 
do 

i  in  1833  ) 
do  1834  $ 
i  in  1829  ) 
do  1830  $ 

nt,  at4»  percent. 

6,789,722  92 
9,490,099  10 

7,000,000  00 
999,999  13 
4,735,296  30 

(  56,704  77 

5,000,000  00 
5,000,000  OS 

4,454,727  95 
1,539,336  16 

.      t  C   f\f\A    f\C4      1  V 

Total,  Dollars,  58,362,135  73 


§72] 


ANNUAL  REGISTER— 1827-8-9. 


REVENUE  AND  EXPENDITURE. 

The  aclual  receipts  into  the  Treasury,  from  all  Us  sources,  during  the  year  1827,  amounted 
to   . .     $22,966,363  96 

Viz:    Customs, $19,712,28329 

Lands, 1,495,845  26 

Dividends  on  stock  in  the  bank  of  the  U.  S 420,000  00 

Arrears  of  internal  duties,  direct  tax,  and  other 
incidental  receipts 100,429  97 

Repayments  of  advances  made  in  the  war  de- 
partment, for  services  and  supplies,  prior  to  July 
1,1815 „  32,845  44 

Moneys  received  from  the  British  government, 
vmder  the  convention  of  the  13th  November, 
1826 '. 1,204,960  00 

Making,  with  the  balance  in  the  Treasury  on  the  1st  January,  1827,         6,358,636  IS 

An  aggregateof 39,325,05014 

The  actual  expenditures  of  the  U.  States,  on  all  accounts,  during  the 
year  1827,  amounted  to 22,656,764  04 

Viz:  Civil,  diplomatic,  and  miscellaneous   2,314,829  85 

Military  establishment,  including  fortifications,  ord- 
nance, Indian  department,  revolutionary  and  mili- 
tary pensions,  arming  militia,  and  arrearages  prior 

to  1st  Jan.  1817 5,675,741  62 

Naval  service,  including  the  gradual  improvement  of 
the  navy 4,263,877  45 

Public  debt 10,003,663  39 

Payment  of  awards  to  owners  of  slaves  and  other 
property,  under  the  convention  with  the  British  go- 
vernment of  the  13th  November,  1326 398,646  73 

Leaving  a  balance  in  the  Treasury  on  the  1st  January,  1828,  of ...        ,$6,668,286  10 


STATEMENT  of  Moneys  received  into  the  Treasury  from  all  sources,  other  than  Cus- 
toms and  Public  Lands,  during  the  year  1828. 

From  dividends  on  stock  in  the  Bank  of 


the  United  States  ..$  455,000  00 

Arrears  of  direct  tax..         2,218  81 

Arrears  of  Internal  Re- 
venue   17,451  54 

Fees  on  Letters  Patent      10,860  00 

CentscoinedattheMint      19,061  24 

Postage  of  Letters....  20  15 

Fines,  Penalties,  and 
Forfeitures 1,339  41 

Surplus  emoluments  of 
Officers  of  the  Cus- 
toms   15,102  33 

Pay   of  an  American       '(.  . 
seaman    discharged 
without  his  consent  12  94 

Persons  unknown,  sta- 
ted to  be  on  account 
of  Customs 70  00 

,  Balances  of  advances 
made  in  the  War  De- 
partment, repaid  un- 
der the"  3d  section  of 


the  act  of  1  st  of  May, 

1820 18,660  42 

Moneys  previously  ad- 
vanced on  account 
of  Military  Estab- 
lishment, viz : 

Arsenal  at  Vergennes, 

Vermont 6S  81 

Wall  around  the  Arse- 
nal onjSchuylkill  Ri- 
ver   70  53 

Fortifications 100  00 

Repairs  of  Fort  Consti- 
tution, Portsmouth, 
N.Hampshire 1  50 

Repairs  of  Wharf,  at 

Fort  Wolcott,  R.  I . .  37  83 

Barracks  at  Michilli- 

mackinac 1,765  40 

Purchase  of  House  and 

Lot  at  Eastport,  Me.  532 

Road  from  Colerain  to 
Tampa  Bay 2,726  36 


REVENUE  AND  EXPENDITURE. 


[573 


Examining    Piers    at 

Port  Penn,  Marcus 

Hook,  &c 36  11 

Survey  of  Saugatuck 

River  and    Harbor, 

Conn 2803 

Survey  of  Church's 

Cove,  Little  Comp- 

ton,R.  I. .. 431 

Survey  of  Piscataqua 

River 9  54 

Expenses  of  a  Brigade 

of  Militia 1,000  00 

Treaty  with  the  Che- 

rokees,  per    act    of 

20th  April,  1818  ...  2,265  07 
Treaty  with  the  Che- 

rokees,    per  act  of    • 

2d  March,  1827....          1,386  12 


Certain  Indian  Trea- 
ties, per  act  of  20th 
May,  1826 9,248  26 

Moneys  previously  ad- 
vanced on  account 
of  the  Naval  Esta- 
blishment, viz: 

Houses  for  ships  in  or- 
dinary    115  13 

Contingent  expenses 
for  1825 507  06 

Survey  of  the  Coast  of 

North  Carolina 40  00 

Rewarding  the  officers 
and  crews  of  the 
Wasp  and  Constitu- 
tion   6,41850 

Dollars,  565,613  22 


STATEMENT  of  the  Expenditures  of  the  United  States,  for  the  year  1828. 
CIVIL,  MISCELLANEOUS,  AND  DIPLOMATIC. 


Legislature $  617,560  53 

Executive  Departments...  506,873  33 

O  fficers  of  the  Mint ......  9,600 

Salaries  of  Surveyors  and 

their  clerks 18,65408 

Commissioner  of  the  Public 

Buildings 2,000 

Governments  in  the  Terri- 
tories of  theU.  States..  44,626  97 

Judiciary 256,175  67 


Annuities  and  Grants 

Mint  Establishment 

Unclaimed  Merchandise  . . 

Light  House  Establishment 

Surveys  of  Public  Lands.. 

Registers  and  receivers  of 
Land  Offices 

Preservation  of  the  Public 
Archives  in  Florida  Ter- 
ritory   

Land  Claims  in  Florida  Ter- 
ritory   

Land  Claims  in  Michigan 
Territory 

Land  Claims  in  Alabama.. 

Roads  within  the  State  of 
Ohio 

Roads  within  the  State  of 
Indiana 

Roads,  Cana's,  &c.  within 
the  State  of  Alabama. .. 

Roads  and  Canals  within 
the  State  of  Missouri. . . 

Repayment  for  Lands  erro- 
neously sold  by  the  Uni- 
ted States... 


1,455,490  58 

1,878  03 

29,282  35 

303  76 

261,308  26 

45,852  97 

1,875    . 


875 
2,840  65 


Marine  Hospital  Establish- 
ment   69,25961 

Appropriation  for  the  Navy 

HospitalFund 46,21714 

Public  Buildings  in  Wash- 
ington   114,35454 

Bringing  votes  for  President 

and  Vice  President 3,622 

Stock  in  the  Louisville  and 
Portland  Canal  Co. .....  30,000 

Stock  in  the  Chesapeake 

and  Ohio  Canal  Co. ....  75,000 

Building  Custom*  Houses 

and  Wares  Houses 6,400 

Payment  of  balances  to  Col- 
lectors of  New  Internal 
Revenue 159  23 

Payment  of  Claims  for  pro- 
perty lost,  &c 55  50 

Indemnifying  the  owner  of 

the  British  ship  Union  . .  23,474 

Revolutionary  Claims  ....      409,08451 

Miscellaneous  expenses...        64,741  03 


1,219,368  40 
117,634  74 


60S  33    Diplomatic  Department... 
2,819  67     Expense  of  a  Mission  to 

the  Congress  of  Panama         1,980  50 
6,67391     Contingent  expenses  of  Fo- 
reign intercourse 18,791  97 

8,887  75    Relief  and    protection    of 

American  Seamen 1 4,635  69 

5,32564    Prize  Causes 8,000 

Treaties  "with    Mediterra- 

8,142  52        nean  Powers 34,730 

Treaty  of  Ghent,  (6th  and 

7th  Articles) 2,700  34 

327          Treaty  of  Ghent,  1st  Article       11,691  02 


574] 


ANNUAL  REGISTER— 1827-8-9. 


Payment  of  claims  under 
the  9th  Article  of  the 
Treaty  with  Spain 960 

Awards  under  the  1st  Arti- 
cle of  the  Treaty  of 
Ghent 790,06940 


1,001,193  66 

MILITARY  ESTABLISHMENT. 
Pay  of  the  Army  and  Sub- 
sistence of  Officers.. ..§1,028,121  24 

Subsistence 245,217  96 

Quartermaster's     Depart- 
ment   429,85224 

Forage 40,86518 

Clothing ;.....  192,120  76 

Bounties  and  Premiums. ..  18,12227 
Expenses  of  Recruiting.. .  13,963  26 
Medicine  or  Hospital  De- 
partment    23,906  62 

Purchase  of  Woollens  for 

1829 10,00000 

Contingent  expenses 10,676  92 

Military    Academy,   West 

Point 39,151  75 

Armories 360,41440 

Arsenals 60,592  08 

Arsenal  at  Augusta,  Maine  40,400  00 

Arsenal  at  do.  Georgia. . . .  31,320  36 

Ordnance 82,627  35 

Armament  of  new  Fortifi- 
cations   147,148  84 

Arming  &  equipping  Militia  215,040  85 
Repairs  and  contingencies 

of  Fortifications  ........  14,982  24 

FortMonroe 110,15455 

Fort  Calhoun 80,835  41 

Fort  Hamilton 62,098  59 

FortAdams 80,00000 

Fort  Jackson 97,300  00 

Fort  at  Mobile  Point 80,000  00 

FortMacon 59,09058 

Fort  at  Oak  Island 52,079  30 

Fortifications  at  Charleston 

South  Carolina 1 ,000 

Do.  Savannah,  Georgia...  1,000 

Do.  Pensacola,  Florida 14,000 

Completion  of  Barracks  at 

Savannah,  Georgia 3,038  1 1 

Jefferson  Barracks,  near  St. 

Louis,  Missouri 3,408  46 

Building  Pier    at    Steel's 

Ledge,  Belfast,  Maine..  3376 
Building    Pier    mouth    of 

Saco Harbour,  Maine...  2,550 
Bidding    Pier    mouth    of 

Dunkirk  Harbour,  N.  Y.  6,000  00 
Building  Pier  mouth  of  Os- 

wego  Bay,  N.  Y. 14,715  23 

Building  Pier  mouth  of  Buf- 
falo Creek,  N.  Y 25,000  00 


Building  Pier  at  Newcastle, 

Delaware 

Building  Pier  mouth  of  La 
Plaisance  Bay,  M.  T.. . . 

Building    Pier    at    Allen's 

Rocks,  Warren  River.. 

Repairing    Piers    at    Port 

Penn  and  Marcus  Hook, 

Pennsylvania  ......... 

Preservation  of  Islands  in 

Boston  Harbo/ 

Deepening  the  Harbor  of 

Sackett's  Harbor 

Deepening  the  Harbor  of 

Presque  Isle 

Deepening  the  Harbor  of 

Mobile 

Deepening  the  channel 
through  the  Pass  au  He- 
ron   

Deepening  the  channel  be- 
tween St.  John's  River, 
Florida,  and  St.  Mary's 

Harbor,  Georgia 

Improving  the    Ohio   and 
Mississippi  Rivers ...... 

Improving  the  navigation  of 

the  Ohio  River 

Improving  the  Harbor  of 

Hyannis,  &c 

Improving  the  Harbor   of 

Cleveland,  Ohio 

Improving  the  navigation 

of  Red  River 

Removing  obstructions  at 
the  mouth  of  Grand  Ri- 
ver, Ohio 

Removing  obstructions  at 
the  mouth  of  Huron  Ri- 
ver, Ohio 

Removing  obstructions  at 
the  mouth  of  Ashtabula 

•   Creek,  Ohio 

Removing  obstructions  at 
mouth  of  Cunningham 

Creek,  Ohio 

Removing  obstructions  in 
the  Berwick  Branch  of 
Piscataqua  River  * . . . . 
Removing  obstructions  at 
the  mouth  of  Black  Ri- 
ver, Ohio 

Removing  obstructions  in 
the  Apalachicola'  River, 

Florida 

Survey  of  the  Colbert  Shoals 

in  Tennessee  Riv°r 

Do  of  the  Harbor  of  Nan- 
tucket,  Mass 

Do  of  the  Genesee  River 
and  Harbor,  N.  Y 


5,000  00 

2,977  81 

30  00 

4,413  00 

7,500  00 

500  00 

6,225  18 

1,523  00 

7,10000 

500  00 
46,930  31 
6,000  00 
7,973  00 
5,500  00 
1,500  00 


EXPENDITURES. 


[575 


Do  of  the  mouth  of  Sandy 

Creek,  N.  Y  

300  00 

Do  of  the  Southern  Shore 

of  Lake  Ontario  

400  00 

Do  of  the  River  and  Harbor 

of  St.  Marks,  Florida.  .. 

302  75 

Surveys  and  estimates  for 

Roads  and  Canals  

29,998  97 

Completion  of  the  Cumber- 
land Road  to  Zanesville. 

188,108  36 

Repairing  the  Cumberland 

Road  

5000  00 

Road  from  Detroit  to  Saga- 

naw  

230  14 

Do.  from  Detroit  to  Chi- 

cago   

4,000  OS 

Connecting  the  Detroit  and 

River    Raisin    with  the 

Maumee  and  Sandusky 

Roads,  

5,900  00 

Road  from  Memphis  to  Lit- 

tle Rock,  

9,470  18 

Do.  Little  Rock  to  Canton- 

ment Gibson,  

5,300  00 

Do.  Fort  Smith   to    Fort 

Towson,  

9,249  05 

Do.  Pensacola  to  St.  Augus- 

tine   

3,636  48 

Opening  and  repairing  the 

Old  King's  Road  in  Flo- 

5,550  00 

Road  from  Mattanawcook,  ' 

to  Mars'  Hill,  Maine,.  .. 

9,500  00 

308  62 

Payment  of  Georgia  Militia 

315  56 

Balances    due    to    certain 

States  on  account  of  Mi- 

litia   

7,591  20 

Relief  of  Officers  and  others 

engaged    in     Seminolo 

687  74 

Relief  of  a    company    of 

Rangers  under  Capt  Big- 

ger   

244  50 

Ransom  of  American  cap- 

tives of  the  late  war.  .  .  . 

242  25 

Relief  of  sundry  individuals 

33,495  95 

Invalid  and  half  pay  pen- 

121,752  65 

Pensions  to  Widows  and 

Orphans  

5,686  12 

Revolutionary  pensions... 

723,134  80 

9,937  33 

Civilization  of  Indians  .... 

10,808  22 

Pay  of  Indian  Agents  .... 

31,45769 

Pay  of  Indian  Sub  Agents. 

16,20639 

Presents  to  Indians  

15,059  55 

Contingencies    of    Indian 

Department  

103,586  07 

Suppression  of  Indian  ag- 

gressions  on  the  frontiers 

of  Georgia  and  Florida  .         4,980  62 

Choctaw  schools 1 3,968  42 

Removal  of  the  Creek  In-         , 
dians  west  of  the  Missis- 
sippi         31,13425 

Treaty  with  the  Creek  In- 
dians, per  act  22d  May, 
1826 56,592  51 

Choctaw  Treaty,  per  acts 
3d  March,  1821,  and  2d 
March,  1827 3,929  57 

Extinguishing  the  title  of 
certain  Cherokee  Indians 
to  Land  in  North  Caro- 
lina   22,00000 

Pay,  &c.  of  Illinois  and 
Michigan  Militia  for  the 
suppression  of  Indian  ag- 
gressions    39,976  28 

Expenses      of    Exploring 

Delegation 14,60090 

Houses  for  Sub  Agents,  In- 
terpreters, &c.  at  Peoria 
and  loway  Sub  Agencies  14,324  00 

Carrying  into  effect  certain 
Indian  Treaties,  per  act 

24th  May,  1 828  137,269  05 

Extinguishment  of  Chero- 
kee claims  to  lands  in 

Georgia 

Annuities  to  Indians  ..... 


500  00 
202,591  07 

5,719,956  06 


NAVAL  ESTABLISHMENT. 

Pay  and  subsistence  of  the 

Navy  afloat 1,211,059  56 

Pay  and  subsistence  of  the 

Navy  shore  stations 154,151  45 

Pay  of  Superintendents,  Ar- 
tificers, &c 67,43343 

Provisions 530,654  27 

Medicines     and    Hospital 

Stores 57,00167 

Repairs  and  improvements 

of  Navy  Yards 1 34,357  05 

Navy  Yard  at  Philadelphia  13  75 

Do.       at  Washington  22  17 

Do.       atPensacola..  30037 

Ordnance    and    Ordnance 
Stores 37,29738 

Outfits 25,00000 

Building  ten  Sloops  of  War     201,387  98 

Gradual   increase   of    the 
Navy 12,11230 

Gradual  improvement  of  the 
Navy 427,82640 

Repairs  of  Vessels 543,788  1 1 

Laborers  and  fuel  for  en- 
gine          1,75000 


576] 


ANNUAL  REGISTER— 1827-8-9. 


Survey  of  the  harbors  of  Sa- 
vannah, Brunswick,  &c. 
Agency  on   the   Coast  of 
Africa,  prohibition  of  the 
Slave  Trade  

1,154  87 
29,553  67 

Marine             Corps...      118,81336 
Clothing                 do      ...        33,978  21 
Military  Stores     do      ...          3,340  67 
Medicines              do      ...          3,106  88 
Barracks                do      ...        21,82703 

Captors  of  Algerine  vessels 
Prize  money  due  to  Thomas 

40  53 
19  96 

Fuel                       do      ...        10,247  68 
Contingent  expenses  do  ...       1  3,949  3  1 

Relief  of  sundry  individuals 
Erection  of  a  Break  water  in 

13,360  68 
6,000  00 

3,925,867  13 
PUBLIC  DEBT. 

Arrearages  prior  to  1827  .. 
Arrearages  prior  to  1&28  .. 
Contingent  expenses  prior 
to  1824  

4,737  81 
9,838  69 

863  68 

Interest  on  the  funded  debt  3,098,800  60 
Redemption  of   the  6  per 
cent,  stock  of  1313  (loan 
of  16  millions)          ....    2,744,42390 

do        for  1824.... 
do        not    enume- 
rated for  1824  

2,282  27 
125  00 

Redemption  of  the  6  per 
cent,  stock  of  1814,  (loan 
of  ten  millions)           ...  2,256,039  21 

do          do  for  1825 
do          do  for  1826 
do          not  enume- 

108 88 
2,822  98 

Redemption  of  the  6  per 
cent,  stock  of  1814,  (loan 
of  6  millions)  4,050,780  77 

rated  for  1826  

169  70 

Principal    and  interest  of 

do                 for  1827 

1,618  31 

Treasury  Notes  3,850  00 

do         not  enume- 
rated for  1827  

3,293  45 

Reimbursement  of  Missis- 
sippi stock  6,425  00 

do                for  1828 
do          not  enume- 

239,675 12 

Debts  due  to  Foreign  Offi- 
cers    ,.          3,118  59 

rated  for  1828         .     . 

782  50 

Pay  and  subsistence  of  the 

Total  Dollars,        25,485,313  90 

INTERNAL  IMPROVEMENTS. 

Amount  of  moneys  expended  in  each  state  and  Territory  of  the  United  States,  upon  works 
of  internal  improvement,  from  the  adoption  of  the  federal  constitution,  to  tlie  1st  day  of 
October,  1823. 


Maine g  11,724  22 

Massachusetts 1 04,042  46 

Connecticut 2,069  97 

Rhode  Island 195  19 

New-York 68,14845 

Pennsylvania 39,728  32 

Delaware 307,104  01 

Maryland 10,000  00 

Virginia 150,000  00 

North  Carolina t. . . .  1,000  00 

Kentucky 90,000  00 

Tennessee 4,200  00 

Ohio 390,159  03 

Indiana 108,623  88 

Mississippi 49,385  52 

Illinois 8,000  00 

Alabama 81,762  78 

Missouri 22,702  24 

Arkansas 44,690  74 

Michigan.. 48,607  95 

Florida 79,902  91 

Road  from   Cumberland  to 

the  Ohio 1,662,245  75 

Continuation  of  the  Camber- 
land  road 453,54736 

Repairs  of  do 55,51000 

Road  from  Nashville  to  Nat- 


chez        3,000  00 

Do.   from   Wheeling   to   the 

Mississippi  river 10,000  00 

Do.  from  Missouri  to  New 

Mexico 30,00000 

Do.  from  Mississippi  to  the 
state  of  Ohio 5,639  35 

Do.   from  Georgia  to   New 

Orleans 5,50000 

Roads  in  Tennessee,  Louisi- 
ana, and  Georgia 15,000  00 

Road  frem  Nashville  to  New 

Orleans 7,920  00 

Surveys  of  roads  and  canals    166,681  49 

Surveys,  maps,  and  charts  of 
the  Ohio  and  Mississippi 
rivers 4,18624 

Military  roads 10,218  43 

Survey  of  the  water  courses 

of  the  Mississippi  river.. .       11,122  04 

Road  through  the  Creek  na- 
tion         .1,fi2I  01 

Opening  the  old  Natchez  road        5,000  00 

Breakwater  at  the  mouth  of 

De'awareBay. 5,00000 


84,179,549  06 


U.  S.  BANK. 


BANK  OF  THE  UNITED  STATES. 

General  Statement  of  the  A  flairs  of  the  United  States'  B  ank  in  the  Years  1837, 1838,  and  1829. 


1827. 

1828. 

1S2-). 

DR. 

Funded  Debt  of  the  United  States  (various) 

17,624,859  05 

16,930,969  51 

16,099,099  18 

Bills  discounted,  viz.  — 

On  personal  security            ..... 

26,452,116  84 

29,316,745  45 

29,854,668  36 

"        and  Funded  Debt 

$80,241  83 

142,212  73 

298,061  23 

and  Bank  Stock,  &c. 

1,928,059  27 

1,850,380  56 

1,375,604  38 

Foreign  Bills  of  Exchange      - 
Domestic             "                   ..... 

356,470  96 
5,022,487  80 
2  295  401  88 

340,185  93 
6,013,890  15 
2  292  652  1  1 

323,084  13 
7,689,268  19 
o  345  VW  TO 

Banking  Houses,  Bonus,  and  Premium,  &c. 

1,'634,'260  93 

1^540^806  48 

li55~',356  59 

Mortgages,  &c.            ...... 

83,982  72 

79,9lf7  38 

217,056  98 

Baring,  Brothers,  &  Co.  Hottinguer  &  Co.  Hope  &  Co. 

159,336  45 

Due  from  S.  Smith  &  Buchanan.  G.  Williams,  and  J.  W. 

McCulloch    -                       

882,63529 

* 

Due  from  James  A.  Buchanan  and  J.  W.  McCulloch 

612,760  44 

612,760  44 

Due  from  United  States'  Bank  and  Offices 

14,037,002  90 

14,654,349  61 

16,139,750  53 

State  Banks            - 

2,578,030  35 

1,883,286  03 

2,654,950  It 

"        United  States          - 

5,26732 

5,267  32 

5,267  32 

Losses  chargeable  to  the  Contingent  Fund     -           -           - 
Agent  for  Loan  Office  and  Pension  Fund  at  Office,  Portsmouth 
Expenses,  contingent              ..... 
Deficiencies      ....... 

1,803,945  06 
2,014  20 
72,016  97 
233,28674 

2,228,678  21 
8,53238 
69,472  18 
211,377  98 

2,363,357  33 
9.25796 
94,'920  15 
210,907  03 

Cash,  viz.  — 

Note*  of  Bank  of  United  States  and  Branches 

11,311,260  56 

10,495,469  48 

10,748,064  M 

"        other  Banks          ..... 

1,447,386  36 

1,458,099  73 

1,293,578  44 

Specie          ....... 

6,170,045  14 

6,593,007  35 

5,815,821  19 

Dollars 

94,220,772  19 

96,728,051  01 

99,867,710  14 

CR. 

Capital  Stock     ....                       > 

34,996,479  63 

34,996,269  63 

34,996,269  93 

Bank  and  Branch  Notes           .           . 

82.259,781  71 

23,541,230  10 

24,139,175  W 

Dividends  unclaimed     ...           .          • 

60,5il  45 

456,00576 

63,66230 

Discount,  Exchange,  and  Interest 

418,625  64 

284,823  03 

511,121  10 

Profit  and  Loss        '                ,.        .->'. 

1,237,468  76 

1,518,298  61 

1,512,099  71 

Contingent  Fund                      •           .    • 

4,297,837  35 

4,380,645  53 

4,494,977  77 

Contingent  Interest                    . 

4,840  19 

5,00000 

Contingent  Exchange                .           .                        ;     , 

3,222  22 

Foreign  Exchange                     .           . 

133,292  69 

93,055  84 

64,62746 

Due  to  Bank  of  United  States,  and  Offices 

13,962,876  88 

15,098,524  35 

16,090,205  95 

'     State  Banks 

880,629  35 

1,898,979  93 

931,652  33 

"      Hottineuer  and  Co.  Paris 

1,467,806  26 

594,492  65 

Redemption  of  Public  Debt      .           . 

926,783  44 

1,452,472  09 

3,085,601  13 

Deposites,  viz.  —                                                                  • 

On  account  of  Treasurer  of  United  States         •       .     *  : 

5,553,447  75 

4,680,773  71 

5,941,049  28 

Public  Officers           .                  .       ..          .  .' 

1,874,991  22 

1,168,500  63 

1,670,316  43 

Individuals      .           . 

6,142,107  65 

6,563,479  06 

6,364,952  06 

Dollars 

94,220,772  19 

96,728,051  01 

99,867,710  14 

Report  at  the  triennial  meeting  of  the  Slockhblders  of  the  Bank  of  the  United  Stales. 


September  2d, 

1828. 

JWrmej. 

Shares. 

1.  The  stock  of  the  bank  was 

divided 

New-York, 

526 

46,638 

as  follows  : 

New-Jersey, 

64 

3,084 

Names. 

Shares. 

Pennsylvania, 

954 

70,763 

Maine, 

16 

511 

Delaware, 

38 

1,264 

New-Hampshire, 

81 

587 

Maryland, 

491 

34,262 

Vermont, 

3 

57 

District  of  Columbia, 

69 

3,448 

Massachusetts, 

261 

16,646 

Virginia, 

247 

10,872 

Rhode-Island, 

45 

1,801 

North-Carolina, 

41 

3,115 

Connecticut, 

73 

1,251 

South-Carolina, 

631 

35,495 

VOL.  III. 

73 

5J8 


ANNUAL  REGISTER,  1827-8-9. 


Georgia, 

Ohio, 

Kentucky, 

Tennessee, 

Indiana, 

Illinois, 

Louisiana, 

Alabama, 

Foreign, 

President,  Directors  &  Co. 

United  States  of  America, 


Shares. 
39  2,216 

17  588 

26  607 

5  269 

1  30 

2  310 
23  154 

1       10 
214    40,412 
5,610 
70,000 


3,818      350,000 

Its  condition  may  be  seen  in  second  co- 
lumn of  the  previous  table,  page  569. 

Distribution  of  the  funds  of  the  bank, 
and  the  manner  in  which  they  are  in- 
vested : — 

Stale  of  the  Bank,  jlugust  1st,  1828. 
The  capital  paid  in,  is  $34.996,269  63 

The  circuliition,  13,045,760  71 

Deposits  public,  7,301,74643 

private,  6,563,479  06 

33,865,255  49 

Amount  due   to  sundry 
offices  and  state  banks 

in  current  account,  459,868  64 

Amount  due  to  Baring, 

Hottinguer,&Co.,&c.  594.4P2  65 

Theunclaimeddividends,  456,005  76 

Contingent  fund,  4,380,645  53 

Discount,  exchange,  and 
interest,  received  since 

July,  378,378  87 

Profit  and  loss,  1,518,298  61 

'..  •:)  $69,694,945  89 

Funded  debt  held  by 
the  bank,  $16,930,969  51 

The  discount  are         37,323,228  89 

Buchanan's  tt  M'Cul- 
loch's  debt,  012,760  44 

Debts  chargeable  as 
losses  to  the  contin- 
gent fund,  2,228,678  21 

: 40,164,667  54 

Mortgages,  79,907  38 

Foreign  bills,  340,185  93 

Real  estate,  2,292,652  11 

Banking  houses,  1,079,926  48 

Bonus,  premium  on 
loan,  expenses,  &c.,  755,529  86 

Notes  of  state  bank*. 
on  hand,  1,458,09973 

Specie,  6,593.007  85 

$69,694,945  89 

It  further  appears  that  the  total  amount  of  the 
suspended  debt  is  $7,109,091  47 

The  estimate  of  loss  to  which  tbe  bank  will  pro- 
bably be  exposed,  on  the  whole  mass  of  it*  debts 
and  real  estate,  is  $3,192,064  43 

To  meet  this,  the  bank 

has    the    contingent 

fund  of  4,380,645  53 

From  which  are  to  be 

deducted  the  losses 

already    chargeable 

to  it  2,228,67821 

2,151.967  32 


Besides  these  arc  oth- 
er certain  resources, 
amounting  to  809,972  88 

Making  an  aggregate  of  2,961,940  i!0 

And  leaving  a  deficien- 
cy of  230,131  23 

This  deficiency  will  be  fully  provided 
for  by 

1st.  The  progressive  increase  in  the 
value  of  the  real  estate  at  Cincinnati, 
where  there  is  every  reason  to  believe  that 
the  whole  estimated  loss,  now  amounting 
to  more  than  $420,000,  and  included  in  the 
above  sum  of  $3,192,064  43  cents,  will  be 
fully  repaid  out  of  the  property  now  be- 
longing to  the  bank. 

2d.  By  the  arrears  of  interest  at  the 
four  western  offices,  which  for  some  years 
past,  furnished  an  average  annual  income 
of  $11 1,000. 

3d.  By  what  may  yet  be  obtained  out 
of  the  sum  of  $1,57 1,000,  interest  on  the 
bad  and  doubtful  debts,  and  on  the  large 
mass  of  bad  debts,  which,  though  far 
greater  caution  considered  unavailable, 
are  in  a  train  of  final  settlement,  and  are 
still  yielding  considerable  sums. 

The  surplus  fund  of  reserved  profits,  ac- 
cordingly stands  at  $1,518,298  61. 

From  these  statements,  it  will  be  per- 
ceived, that  within  the  last  few  years, 
there  has  been  a  very  large  addition  to 
the  resources,  the  operations  and  the  pro- 
fits of  the  bank  ;  and  which,  in  the  opi- 
nion of  this  committee,  is  ascribable  prin- 
cipally to  two  measures  of  the  board  of 
directors. 

1st.  The  first — the  conversion  of  a  large 
porportion  of  the  stock  loans  of  the  bank 
into  investments  ofamore  active  character. 
The  loans  had  been  for  the  most  part  made 
to  individuals,  who  were  not  able  to  pay, 
and  whose  stock  being  therefore  forfeited 
to  the  bank,  became  in  fact,  a  diminution 
of  its  efficient  capital.  This  stock  being 
sold,  produced  a  direct  profit  of  $7 1,000 
per  annum — the  difference  between  tbe 
employment  of  the  proceeds  and  the  high- 
est dividends  on  the  stock  while  it  remain- 
ed part  of  tbe  capital ;  besides  enabling 
the  bank  to  multiply  and  extend  its  con- 
nexions in  business,  and  give  greater  ac- 
tivity to  its  operations. 

2d.  The  second  measure  relates  to  the 
nature  and  extent  of  the  circulation  of  its 
notes.  The  whole  amount  of  its  own 
notes  in  circulation  on  the  1st  of  January. 
1823,  was  $4,589,000. 

The  means  thus  derived  from  the  in- 
crease of  notes  and  the  sale  of  stock,  were 
devoted  to  discounts  and  loans,  and  par- 


U.  S.  BANK. 


579 


licttlarly  to  that  class  of  loans  which  are 
at  once  the  safest  and  the  most  useful ; 
the  discount  of  bills  of  exchange.  With 
these  means,  the  bank  has  been  enabled  to 
extend  its  operations  in  both  foreign  and 
domestic  exchange,  in  such  a  manner  as 
greatly  to  enhance  the  profits  of  its  busi- 
ness, at  the  same  time  that  it  has  afforded 
facility  and  security  to  the  commercial 
transactions  01  the  country.  As  an  illus- 
tration of  the  progress  of  this  branch  of 
business,  the  most  valuable  to  the  bank, 
as  being  the  great  auxiliary  of  its  circula- 
tion; the  coiiniuti.ee  remark,  that  the 
amount  of  domestic  exchange  purcha- 
sed by  the  bank,  in  the  year  ending  the 
1st  of  July,  1828,  was  $22,084,222,  on 
which  the  profit  was  $45 1,203  17;  whilst 
the  profit  on  the  purchase  of  domestic  ex- 
change in  1822,  was  $95,240  25 ;  and 
thus  it  appears,  that  the  profit  on  domes- 
tic exchange  has  increased  to  an  amount 
so  great,  as  considerably  to  exceed  all  the 
expenses  of  the  bank. 
.  To  exhibit  the  effects  of  this  system,  the 
committee  present  a  comparison  between 
the  existing  state  of  the  banks  as  men- 
tioned above,  and  that  reported  by  the 
committee  of  stockholders  in  October, 
1822. 

Stale  of  the  Bank,  August  30,  1822. 


Capital  paid  in, 
The  circulation, 

Deposits— public,        3,559,792  96 
private,      3,216,699  78 


$34,992,139  63 
5,456,891  90 

6,776,492  74 
Due  to  sundry  offices  and  banks,  and 

to  individuals  in  Europe,  1,964,898  36 

Unclaimed  dividends,  129,741  28 

Contingent  fund  to  meet  losses,  3,743,899  00 

Disc't.  exch.  and  int.  since  July,  388,237  01 

Profit  and  luss,  51,897  07 

$53,504,196  99 

DISTRIBUTED. 

Funded  debt,  $13,020,469  27 

Loans,  viz : 

Personal  security,    22,072,405  46 

Funded  debt,     '  67,928  13 

Domestic  bills,          2,713,760  30 

Debt  of  Smith  &  B.   1,857,457  23 


Foreign  bills, 
Bank  stock, 
Mortgages, 

Due  by  banks,  &c. 
Real  estate, 
Bonus,  premium,  &c. 
Banking  houses, 
Notes  of  state  bank*, 
Specie, 

24,599  76 
5,974,725  80 
8,000  00 

1,650,869  73 
587,102  38 
1,180,880  00 
834,922  15 
664,642  56 
3,346,434  22 

State  of  the  Bank,  August  1,  1828. 

Capital  paid,  34,996,269  K>. 

The  circulation,  13,045,760  71 
Deposits— public,          7,301,746  43 
private,        6,563,479  06 

13,865,22549 

Due  to  sundry  banks  and  to  indivi- 
duals 111  Europe,  1,054,361  29 
Unclaimed  dividends,  456,005  76 
Contingent  fund  to  meet  losses,  4,380,645  53 
Diec't.  exch.  and  interest,  /  378,378  87 
Profit  and  loss,  1,518,298  61 


$69,694,945  89 


Funded  debt, 

16,930,969  51 

Loans  :  — 

Personal  security, 

29,316,745  45 

Funded  debt, 

142,212  73 

Domestic  bills, 

6,013,890  15 

Smith  &.  B., 

612,760  44 

Foreign  bills, 

340,185  93 

Bank  stock, 

1,850,380  56 

Mortgages, 

79,907  3d 

Debts    chargeable    to 

contingent  fund, 

2,228,678  21 

40,584,760  85- 

Real  estates, 

2,218,652  11 

Bonus,  premium,  &c., 

755,529  86 

Banking  houses, 

1,079,926  48 

Notes  of  state  banks, 

1,45»,099  73 

Specif;, 

6,593,007  35 

$53,504,196  99 


$69,694,1)45  89 

The  preceding  statements  exhibit  an  increase  in 
the  capital  of  4,130  OU 

Circulation,  7,588,868  81 

Deposits,  7,088,732  75 

Dividends  unclaimed,  326,264  48 

Contingent  fund,  54t>,/46  53 

Profit  and  loss,  1,466,401  54 

In  the  investments,  tbe  foregoing  show  an  in- 
crease in  the 
Funded  debt  owned  by 

tbe  bank,  of  3,910,500  24 

Loans,  8,300,884  17 

Keal  estate,  1,705,549  73 

Banking  houses,  245,004  33 

Notes  of  state  banks,  793,467  17 

Specie,  3,246,573  13 

$18,266,968  77 

And  they  represent  a  decrease  iu  tlie  debt  of 
state  banks,  of  $1 ,650,869  73 

Bonus,  &.C.,  4ii5,350  14 

2,076,21987 

Making  a  total  increase  of  $16,190,748  90 

As  a  result,  it  is  seen,  that  the  net  pro- 
fits of  the  bank  for  the  year  ending  on  the 
1st  of  July  last,  were  $823,212  99  great- 
er than  in  the  year  ending  on  the  1st  of 
July,  1822 ;  and  $979,789  30  greater  than 
the  average  of  the  three  years  preceding 
the  first  of  July,  1822.  This  comparison 
will  be  more  striking,  if  made  between  the 
semi-annual  periods  of  the  first  January, 
1823,  and  the  first  July,  1828,  presenting 
an  improvement  in  the  resources  of  the 
bank  of  upwards  of  $21,000,000,  and  an 
increase  of  circulation  and  deposits  of 
more  than  $16,000,000. 


ANNUAL  REGISTER,  ^827-8^9. 


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ANNUAL  REGISTER,  1827-8-9. 


L  STATEMENT  exhibiting  the  quantity  of  American  and  Foreign 
Tonnage  entered  into  and  departing  from  each  District  during  the  year 
ending  on  the  30th  day  of  September,  1827. 


AMERICAN. 

FOREIGN. 

DISTRICTS. 

Entered. 

Departing. 

Entered. 

Departing. 

Tons. 

Passamaquoddy 

10,071 

20,392 

2,801 

2,617 

Machias          ... 

612 

210 

Frenchman's  Bay    - 

2,365 

2,732 

Waldoborough 

2,469 

1,066 

Wiscasset       - 

1,826 

914 

Bath 

8,964 

16,965 

279 

2T9 

Portland          ... 

39,716 

42^40 

317 

Kennebunk      ... 

1,494 

4,279 

Penobscot       ... 

3,607 

3,339 

Belfast            - 

1,068 

1,622 

Saco                ... 

541 

711 

York 

90 

Portsmouth    -        -        - 

12,544 

6,849 

Newburyport  ... 

4,372 

3,795 

Gloucester      ... 

4,321 

4,345 

Salem 

17,255 

18,748 

Ipswich           ... 

Marblehead    ... 

2,366 

1,233 

Boston             ... 

118,604 

85,450 

4,798 

3,951 

Plymouth        ... 

2,899 

941 

Barnstable      -        ».»'-' 

1,627 

450 

Nahtucket      -        -        - 

204 

New-  Bedford  - 

11,199 

13,569 

Edgartown     -        -       ".'.  , 

9,812 

1339 

Dighton          ... 

519 

186 

Vermont         ... 

Newport 

6,974 

3,765 

Bristol            ... 

5,497 

5,870 

Providence 

14,609 

11,724 

New  London 

4,230 

6,530 

Middletown 

4,730 

4,089 

New  Haven 

8,725 

6,812 

Fairfield          ... 

2,353 

647 

New-York      -        -        - 

251,522 

232,428 

35,887 

30,090 

Sag  Harbour  ... 

106 

Cham  plain      -                «•- 

4,719 

2,547 

Oswegatchie 

Sackett's  Harbour  - 

2,523 

2,737 

197 

245 

Oswego           ... 

Genesee          - 

1,093 

2,256 

3,158 

3,040 

Niagara          ... 

Buffalo 

Cape  Vincent 

1,338 

Perth  Amboy 

725 

933 

637 

S71 

Burlington      ... 

Little  Egg  Harbour 

Bridgetown 

Great  Egg  Harbour 
Philadelphia 

74,705 

68,753 

4,007 

4,097 

Presque  Isle 

TONNAGE. 

Statement  continued. 


AMERICAN. 

FOREIGN. 

DISTRICTS. 

Entered; 

Departing. 

Entered. 

Departing. 

Tons. 

Delaware 

697 

317 

Baltimore 
Annapolis 

55,092 
1,926 

66,577 

4,515 

4,191 

Saint  Mary's 

297 

Snow  Hill 

715 

261 

Vienna 

207 

295 

Oxford 

Georgetown 

2,043 

5,458 

144 

144 

Alexandria 

8,692 

11,891 

341 

341 

Norfolk 

13,123 

14,633 

5,628 

4,980 

Petersburg 
Richmond 

Yorktown 

3,621 
3,535 

19,083 
16,675 

571 
1,187 

571 

2,292 

East  River 

1,162 

549 

Tappahannock 

1,333 

1,869 

Folly  Landing 

404 

260 

Cherrystone 

310 

166 

Wilmington 
Washington 

15,275 
2,098 

18,892 
2,286 

2,430 

3,050 

Newborn 

7,739 

9,049 

114 

114 

Edenton 

574 

1,545 

Camden 

2,372 

3,735 

Beaufort 

Ocracoke 

Plymouth               - 

594 

1,176 

Charleston         '     - 
Georgetown 

38,665 

68,854 

25,418 

24,681 

Beaufort 

Savannah                - 
Sunbury 

\±     21,131 

40,292 

8,256 

9,779 

Brunswick           •    - 

275 

880 

618 

867 

St.  Mary's 

347 

Hard  wick 

Mobile 
Blakely 

14,312 

13,696 

3,163 

3,073 

Mississippi               - 
Teche 

66,657 

89,793 

30,937 

30,240 

Pearl  River 

Pensacola 
St.  Augustine 

1,181 
128 

924 
216 

266 

266 
35 

Apalachicola 

58 

58 

Key  West 
Cuyahoga 

12,198 

9,812 

1,920 

1,816 

Miami 

Sandusky 

Detroit 

Michilirnackinac     - 

Total    - 

918,361 

980,542'          137,589 

131,250 

588 


ANNUAL  REGISTER,  1827-3-9. 


A  STATEMENT  exhibiting  the  quantity  of  American  and  Foreign 
Tonnage  entered  into  and  departing  from  each  District,  during  the  year 
ending  on  the  30th  September,  1828. 


DISTRICTS. 

AMERICAN. 

FOREIGN. 

Entered.       Departing. 

Entered.       Departing. 

Tons. 

Passamaquoddy 

12,155 

19,838 

1,248 

1,258 

Machias 

— 

154 

Frenchman's  Bay 

2,296 

1,439 

Penobscot 

1,959 

1,674 

Waldoborough 

809 

1,204 

Wiscasset 

467 

409 

Bath 

9,459 

16,014 

Portland 

34,347 

46,963 

— 

527 

Kennebunk 

1,658 

3,614 

Belfast 

1,457 

2,867 

Saco 

— 

800 

York 

224 

90 

Portsmouth 

9,006 

5,394 

Newburyport    . 

6,015 

4,555 

Gloucester        • 

3,877 

4,676 

Salem 

17,042 

15,883 

Ipswich 

Marblehead 

1,584 

1,639 

Boston 

111,439 

87,811 

5,595 

4,819 

Barnstable 

652 

340 

Nantucket 

— 

222 

New-Bedford     . 

15,054 

18,254 

Plymouth 

2,828 

1,510 

Edgartown 

11,774 

3,919 

Dighton 

637 

191 

Vermont 

Newport 

4,356 

3,090 

Bristol               . 

6,746 

5,727 

204 

Providence       . 

17,231 

11,483 

New-London    . 

3,061 

6,479 

Middletown 

5,287 

3,503 

New-Haven 

5,660 

6,912 

Fairfield 

2,383 

694 

New-York 

•      242,660 

202,844 

42,319 

40,123 

Sag  Harbour    . 

345 

Champlain 

10,593 

10,566 

Oswegatchie 

Sackett's  Harbour 

2,321 

2,373 

433 

464 

Gcnesee             . 

831 

1,330 

1,753 

1,796 

Oswego 

Niagara 

Buffalo 

Cape  Vincent 

Perth  Amboy 

2,025 

130 

1,043 

Burlington 

Little  Egg  Harbour 

Bridgetown 

236 

Great  Egg  Harbour 
Philadelphia     . 

80,350 

•61,819 

8,320 

5,880 

Presque  Isle      .    » 

TONNAGE. 

Statement  continued. 


589 


AMERICAN. 

FOREIGN. 

DISTRICTS. 

Entered. 

Departing. 

Entered. 

Departing. 

Tons. 

Delaware 

868 

1,050 

Baltimore 

55,382 

58,323 

5,612 

6,631 

Annapolis        . 

Oxford              .        ••;>. 

279 

279 

.*  .  * 

Vienna             ,:|    ''. 

— 

91 

Snowhill           .  < 

598 

839 

St.  Mary's        .         '^ 

— 

Georgetown     .         '  '       ' 

2,061 

3,678 

Alexandria 

3,771 

9,591 

•     295 

990 

Norfolk         .;•;: 

7,688 

15,513 

1,768 

2,402 

Petersburg       .        .      ,,', 

1,003 

8,827 

— 

1,737 

Richmond 

2,184 

16,515 

1,487 

3,139 

Tappahannock 

773 

1,537 

Yorktown 

East  River 

374 

107 

Folly  Landing 

385 

184 

Cherrystone 

173 

275 

Camden       i     .'  '           ' 

3,169 

5,056 

Edenton            .;_'  .'    ' 

796 

2,726 

Plymouth 

771 

1,201 

Washington     .v                ' 

2,362 

2,648 

107 

Newbern          «  ;  .  _ 

5,924 

8,936 

178 

Ocracoke          .  , 

Beaufort      i     4         .    . 

Wilmington     .        .  '.', 

13,580 

23,493 

1,167 

1,352 

Georgetown 

78 

Charleston       .        '..' 

25,076 

47,555 

25,010 

25,596 

Beaufort      .    ,  .  '  • 

Savannah         . 

16,660 

22,428 

8,336 

9,280 

Sunbury        •    . 

Hardwick         .     .    , 

Brunswick 

532 

1,858 

303 

302 

St.  Mary's 

328 

228 

St.  Augustine           ' 

Key  West        .              " 

7,880 

6,772 

839 

989 

Apalachicola 

Pensacola         . 

681 

585 

259 

259 

Mobile 

13,360 

15,359 

4,146 

4,765 

Blakely 

Pearl  River      . 

Tecbe               .              , 

Mississippi        .              '  ' 

76,821 

85,341 

39,791 

38,731 

868,381 

897,404 

150,223 

151,030 

590 


ANNUAL  REGISTER,  1827-3-y. 


ABSTRACT  of  the  Tonnage  of  the  Shipping  of  the  several  Districts 
of  the  United  States,  on  the  last  day  of  December,  1826. 


DISTRICTS. 

Registered   Ton- 
nage. 

Enrolled  and   li- 
censed Tonnage. 

Total  Tonnage 
of  each  district. 

Tons  and  95ths. 

Passamaquoddy,  Maine 

7,583  32 

3,761  86 

11,345  23 

Machias              ... 

4,944  15 

4,944  15 

Frenchman's  Bay 

4,473  10 

7,941  44 

12,414  54 

Penobscot 

5,287  33 

17,369  84 

22,657  22 

Belfast 

3,696  70 

8,855  63 

12,552  38 

Waldoborough 

1,756  73 

32,608  48 

34,365  26 

Wiscasset           - 

2,326  40 

8,849  68 

11,176  13 

Bath 

18,000  80 

12,616  36 

30,517  21 

Portland 

33,133  41 

15,425  90 

48,549  36 

Saco                   ... 

3,220  63 

2,500  72 

5,721  40 

Kennebunk         ... 

6,909  29 

1,151  67 

8,061  01 

York 

167  68 

1,083  30 

1,251  03 

Portsmouth,  New-Hampshire 

20,103  93 

6,109  30 

26,213  28 

Newburyport,  Massachusetts 

9,894  58 

12,986  36 

'      22,880  94 

Ipswich              ... 

69  60 

1,276  04 

1,345  64 

Gloucester 

3,545  65 

10,379  82 

13,925  52 

Salem                 ... 

31,641  03 

11,739  12 

43,380  15 

Marblehead        - 

2,928  22 

8,391  43 

11,319  65 

Boston 

109,383  47 

62,592  60 

171,976  12 

Plymouth 

11,258  81 

13,608  07 

24,608  07 

Dighton              ... 

842  89 

3,257  68 

4,100  62 

New-Bedford      - 

27,404  22 

12,494  34 

3S,898  56 

Barnstable 

989  27 

22,076  92 

23,066  24 

Edgartown         - 

1,600  69 

1,016  47 

2,617  21 

Nantucket 

21,246  40 

5,161  71 

26,408  16 

Providence,  Rhode  Island  - 

14,198  14 

5,083  15 

19,281  29 

Bristol                ... 

6,598  77 

2,612  03 

9,210  80 

Newport             - 

6,120  41 

3581  19 

9,401  60 

Middletown,  Connecticut    - 

6,741  39 

10,779  68 

17,521  12 

New-London      -        -        - 

3,589  29 

9,027  62 

12,616  91 

New-Haven        -        -        - 

4,823  38 

7,456  20              12,279  58 

Fairfield             ... 

205  21 

10,086  68 

10,291  89 

Vermont             - 

^  '•• 

Champlain,  New-  York 

1,191  11 

1,191  11 

Sackett's  Harbour 

617  85 

958  92 

1,576  82 

Oswego               ... 

46  85 

381  72 

428  62 

Niagara              .        .        _ 

Genesee             - 

742  70 

1,309  63 

2,052  38 

Oswegatchie      - 

Buffalo  Creek 

210  07 

1,900  11 

2,110  18 

Sag  Harbour 

2,314  00 

4,702  69 

7,016  69 

New-York 

158,451  38 

157,837  58 

316,289  01 

Cape  Vincent 

44  65 

44  65 

Perth  Amboy,  New-Jersey  - 

1,161  83 

10,873  12 

•     12,035  00 

Bridgetown        - 

266  50 

15,947  59 

16,214  14 

Burlington 

2,162  09 

2,162  09 

Little  Egg  Harbour    - 

3,763  18 

3,763  18 

Great  Egg  Harbour  - 

7,876  72 

7,876  72 

Philadelphia,  Pennsylvania 

63,283  30 

10,116  82 

73,400  17 

Presque  Isle 

160  04 

295  87 

455  91 

TONNAGE  OF  DISTRICTS. 

Abstract  of  Tonnage  continued. 


591 


DISTRICTS. 

Registered    Ton- 
nage. 

Enrolled  and  li- 
censed Tonnage 

Total  Tonnage 
of  each  district. 

Tons  and  95ths. 

Wilmington,  Delaware 

158  51 

10,987  04 

11,145  55 

Baltimore,  Maryland 

61,304  70 

35,176  57 

96,481  32 

Oxford                ... 

18,039  37 

18,039  37 

Vienna                - 

320  66 

23,625  75 

22,946  36 

Snow  Hill 

386  08 

7,351  06 

7,737  14 

Annapolis           ... 

115  84 

3,404  72 

3,520  6.1 

St.  Mary's          ... 

4,120  10 

4,120  10 

Georgetown,  Columbia 

1,584  67 

3,244  78 

4,829  50 

Alexandria         ... 

5,875  23 

9,003  00 

14,878  23 

Norfolk,  Virginia 

6,066  87 

16,097  08 

22,164  00 

Petersburg          ... 

1,825  91 

4,457  50 

6,283  46 

Richmond           ... 

3,304  20 

5,541  78 

8,846  03 

Yorktown          ... 

1,546  36 

1,546  36 

East  River         ... 

744  26 

3,130  00 

3,874  26 

Tappahannock 

1,591  90 

10,840  44 

12,432  39 

Folly  Landing 

191  00 

3,229  88 

3,420  88 

Cherrystone 

2,198  68 

2,198  68 

Wilmington,  North  Carolina 

8,328  80 

1,286  03 

9,614  83 

Newbern             ... 

4,845  75 

3,018  21 

7,864  01 

Washington       ... 

1,438-75 

2,809  91 

4,248  71 

Edenton             ... 

1,291  39 

6,573  12 

7,864  51 

Camden             ... 

3,600  55 

4,958  50 

8,569  10 

Beaufort             ... 

48  77 

1,163  84 

1,212  66 

Plymouth           ... 

165  38 

483  07 

648  45 

Ocracoke            ... 

1,298  72 

1,297  52 

2,696  29 

Charleston,  South  Carolina 

12,066  50 

16,643  89 

28,710  44 

Georgetown       ... 

1,268  05 

1,268  05 

Beaufort             ... 

Savannah,  Georgia    - 

4,457  45 

4,205  31 

8,662  76 

Sunbury              ... 

Hard  wick           ... 

Brunswick          ... 

811  49 

1,119  29 

1,930  78 

St.  Mary's          ... 

494  56 

818  57 

1,313  18 

Miami,  Ohio      - 

Cuyahoga           ... 

991  31 

991  31 

Sandusky           ... 

74  63 

317  07 

391  70 

Detroit,  Michigan 

506  20 

506  20 

Michilimackinac 

Mobile,  Alabama 

1,494  18 

7,156  86 

8,651  09 

Blakely 

Pearl  River 

664  32 

664  32 

New-Orleans 

15,357  27 

23,808  69 

39,166  01 

Teche 

Fensacola 

167  71 

167  71 

St.  Augustine 

546  06 

362  92 

909  03 

St.  Marks 

Key  West 

Total    - 

737,978  15 

796,212  68 

1,534,190  83 

592 


ANNUAL  REGISTER,  1827-8-9. 


ABSTRACT  of  the  Tonnage  of  the  Shipping  of  the  several  Districts  of  the 
United  States,  on  the  last  day  of  December,  1827. 


DISTRICTS. 

Registered    Ton- 
nage. 

Enrolled   and  li- 
censed Tonnage. 

Total  Tonnage  of 
each  district. 

Tons  and  9Sths. 

Passamaquoddy,  Maine 

9,943  33 

3,993  79 

13,937  17 

Machias                   do* 

137  81 

6,099  00 

5,236  81 

Frenchman's  Bay  do- 

3,330  77 

8,004  70 

11,335  52 

Penobscot               do-        '« 

5,541  56 

19,851  53 

25,393  14 

Belfast                    do. 

4,419  07 

9,874  62 

14,293  69 

Waldoborough       do-          . 

2,079  62 

25,897  76 

27,977  43 

Wiscasset               do.     .  „  «. 

2,249  83 

9,390  87 

11,640  75 

Bath                        do.          . 

15,360  61 

15,090  61 

30,451  27 

Portland                  do.     ^  .. 

33.212  46 

15,822  60 

49,035  11 

Saco                       do.     ''.', 

1.020  36 

2,773  65 

3,794  06 

Kennebunk             do. 

6,858  62 

1,196  41 

8,055  08 

York                       do 

193  52 

1,051  59 

1,245  16 

Portsmouth,  New-Hampshire 

20,672  43 

5,491  80 

26,164  28 

Nawburyport,  Massachusetts 

10,778  75 

13,622  37 

24,401  17 

Ipswich                   do.          . 

69  60 

1,276  04 

1,345  64 

Gloucester              do. 

3,315  53 

11,236  32 

14,551  85 

Salem                     do. 

32,383  90 

13,212  41 

45,596  36 

Marblehead            do.  . 

2,544  74 

9,043  70 

11,588  49 

Boston                    do. 

108,508  52 

53,075  32 

161,583  84 

Plymouth                do. 

10,861  21 

14,263  43 

25,124  64 

Dighton                  do. 

515  81 

3,693  34 

4,209  20 

New-Bedford          do. 

32,440  77 

12,486  62 

44,927  44 

Barnstable              do. 

1,033  68 

24,995  11 

26,028  79 

Edgartown             do. 

1,706  13 

1,615  83 

3,322  01 

Nantucket              do. 

20,952  41 

5,400  62 

26,353  08 

Providence,  Rhode-Island   . 

13,709  65 

5,607  44 

19,317  14 

Bristol                     do. 

7,604  24 

2,908  79 

10,513  08 

Newport                 do. 

6,686  07 

4,149  74 

10,835  81 

Middletown,  Connecticut    . 

6,732  29 

12,011  51 

18,743  80 

New-London          do. 

4,203  36 

9,628  44 

13,831  80 

New-Haven            do. 

3,525  29 

8,850  20 

12,375  49 

Fairiiuld                    do. 

243  77 

10,748  23 

10,992  05 

Vermont                 do. 

764  61 

764  61 

Champlain,    New-York 

1,539  09 

1,539  09 

Sackett's  Harbour  do. 

1,109  68 

1,077  46 

2,187  19 

Oswego                   do. 

158  59 

332  43 

491  07 

Niagara                  do. 

Genesee                  do. 

943  47 

1,021  74 

1,965  26 

Oswegatchie           do. 

Buffalo  creek          do. 

Sag  Harbour         do. 

3,069  71 

4,658  15 

7,727  86 

New-York              do. 

165,014  87 

181,341-  90 

346,356  82 

Cape  Vincent          do. 

281  48 

281  48 

Perth  Amboy,  New-Jersey  . 

511  59 

11,875  44 

12,387  08 

Bridgetown             do. 

401  23 

17,371  60 

17,772  83 

Burlington              do. 

2,251  54 

2,251  54 

Little  EggHarbourdo. 

3,920  01 

3,920  01 

GreatEggHarbour  do. 

8,659  20 

8,659  20 

Philadelphia,  Pennsylvania  . 

61,524  54 

33,627  39 

95,151  93 

Presque  Isle            do.     '    .  ' 

175  36 

295  87 

471  28 

Wilmington,  Delaware 

158  51 

11,594  10 

11,752  61 

Baltimore,  Maryland 

59,917  38 

39,012  87 

98,930  30 

Oxford                     do. 

36  48 

19,417  7% 

19,454  31 

Vienna                    do. 

411  71 

24,524  47 

24,936  23 

VIEW  OF  COMMERCE. 

Abstract — Continued. 


Registeied    Ton- 

Enrolled   and   li- 

Total tonnage 

DISTRICTS. 

nage. 

censed  tonnage. 

of  each  district. 

Tons  and  9lhs. 

Snow  Hill,     Maryland 

261  47 

7,854  66 

8,117  18 

Annapolis               do. 

3,912  52 

3,912  52 

St.  Mary's               do. 

3,981  71 

3,981  71 

Georgetown,  Dis.  Columbia, 

1,792  01 

3,864  26 

5,656  27 

Alexandria              do. 

5,491  68 

9,795  54 

25,287  27 

Norfolk,            Virginia 

5,246  88 

17,643  02 

22,889  90 

Petersburg              do.       .'•••• 

2,178  88 

4,686  36 

6,865  29 

Richmond               do.          . 

3,154  65 

5,507  85 

8,662  55 

York!  own                do.       ,Y«    • 

2,723  93 

2,723  93 

Tappahannock       do.          . 

1,317  58 

10,825  41 

12,243  04 

East  River              do.      '4  .., 

2,189  52 

3,589  14 

5,778  66 

Folly  Landing        do. 

84  41 

3,353  89 

3,438  35 

Cherrystone            do. 

67  46 

2,169  24 

2,236  70 

Wilmington,  North-Carolina 

9,035  57 

1,724  43 

10,760  05 

Newbern                 do.          . 

4,777  33 

3,149  19 

7,926  52 

Washington            do. 

1,670  05 

2,904  30 

4,574  35 

Eden  ton                 do.      *  . 

2,266  71 

,6,837  23 

9,103  94 

Camden                   do.          . 

3,184  28 

5,627  08 

8,811  36 

Beaufort                 do. 

483  10 

1,887  01 

2,370  11 

Plymouth                do. 

284  46 

288  81 

573  32 

Ocracoko                do. 

1,242  46 

1,351  67 

2,594  18 

Charleston,  South-Carolina 

12,410  68 

19.461  51 

31,872  24 

Georgetown           do. 

284  14 

1,416  27 

\              1,700  41 

Beaufort                  do.       *  . 

Savannah,         Georgia      . 

4,268  50 

4,087  44 

8,355  94 

Sunbury                  do.          , 

Hardwick               do.         . 

Brunswick              do.         . 

698  14 

996  58 

1,694  72 

St.  Mary's              do. 

494  86 

875  30 

1,370  21 

Miami,                 Ohio, 

Cuyahoga              do. 

38  91 

1,057  63 

1,096  59 

Sandusky                do. 

30  14 

30  14 

Detroit               Michigan     . 

447  26 

447  26 

Michilimackinack  do. 

Mobile,               Alabama    . 

1,462  37 

7,931  47 

9393  84 

Blakely                   do. 

Pearl  River,    Mississippi     . 

750  15 

750  15*' 

New-Orleans          do. 

13,562  16 

28,579  79 

42,142  00 

Teche                     do.       ';.' 

Pensacola.          Florida 

29  91 

256  83 

286  79 

St.  Augustine         do.      .   . 

128  74 

444  90 

573  69 

St.  Marks                do. 

Key  West               do. 

1,223  47 

69  58 

1,283  10 

Total, 

747,170  44 

873,437  34 

1,620,607  78 

NOTE. — Of  the  enrolled  and  licensed  tonnage,  there  were  employed  in 

the  fisheries 84,278  78 

In  steam  navigation       ---..---,       40,197  75 
VOL.  III.  75 


594 


ANNUAL  REGISTER— 1827-8-0. 


A  COMPARATIVE  VIEW  of  the  registered,  and  enrolled,  and  li- 
censed Tonnage  of  the  United  States,  from  1815  to  1827,  inclusive. 


Registered    tonnage. 

Enrolled   and  licen- 

Total tonnage. 

sed  tonnage. 

TEAKS. 

Tons  and  95ths. 

1815 

845,294  74 

513,833  04 

1,368,12778 

1816 

800,759  63 

571,458  85 

1,372,218  53 

1817 

809,724  70 

590,186  66 

1,309,91141 

1818 

606,088  64 

609,095  51 

1,225,18420 

1819 

612,930  44 

647,821  17 

1,260,75161 

1820 

619,047  53 

661,118  66 

1,280,166  24 

1821 

619,096  40 

679,062  30 

1,298,958  70 

1822 

628,150  41 

696,548  71 

1,324,699  17 

1823 

639,920  76 

696,644  87 

1,336,56568 

1824 

669,972  60 

719,190  37 

1,389,163  02 

1825 

700,787  08 

722,323  69 

1,423,11177 

1826 

737,978  15 

796,212  68 

1,534,19083 

1827 

747,170  44 

873,437  34 

1,620,60778 

IMPORTS  FOR  1827—28. 

8 UMMAR  Y  STA  TEMENT  of  the  quantity  and  value  of  Goods,  Wares, 
and  Merchandise,  imported  into  the  United  States  in  American  and  Fo- 
reign vessels,  in  the  years  commencing  on  the  first  day  of  October,  1826, 

i     and  ending  on  the  30th  of  September,  1827  and  1828. 


SPECIES  OF  MERCHANDISE. 


Value  of  Merchandise  Free  of  Duty. 

Articles  imported  for  the  use  of  the  United  States 

Articles  imported  for  Incorporated  Philosophical  Societies,  &c. 
Maps  and  charts 
Philosophical  apparatus,  instruments,  &c.     > 

Books        ....        

Statuary,  busts,  casts,  and  specimens  of  sculpture 
Paintings,  drawing,  etching,  engraving,  &c. 

Anatomical  preparations 

Antimony,  regulus  of 

Lapis  calaminaris,  teutenegue,  spelter  or  zinc 

Burr  stones,  unwrought 

Brimstone  and  sulphur     .        .        .        .     -  *  j 

Cork  tree,  bark  of       .       .        .        .       • .     ?#' 

Clay,  unwrought 4- 

Rags,  of  any  kind  of  cloth         .        .        .    '    . 

Furs,  of  all  kinds     ....<»:»•,.     '  .        '. 

Hides  and  skins,  raw       . .       f 

Plaster  of  Paris          .        .        . 

Specimens  of  botany,  natural  history,  and  mineralogy 

Modeto  of  invention"  and  machinery 


1827 


1,023 


6,868 

19,645 

14,493 

40 

670 

12,306 

38,351 

19,255 

36,511 

3,346 

7,378 

128,949 

347,347 

1,430,349 

76,829 

10,212 

2,431 


1828 


2,046 

19 

4,148 

13,134 

884 

15 

234 

23,207 

25,706 

23,379 

29,484 

1,595 

5,612 

279,041 

488,536 

1,804,202 

61,691 

15,171 

565 


IMPORTS  FOR  1827-28. 


595 


Barilla        

17074 

92825 

Wood,  dye          .        
unmanufactured  mahogany,  and  other 
Animals  for  breed      .        
Pewter,  old         
Tin,  in  pig's  and  bars         .        .        .        . 
Brass,  in  pigs  and  bars      
old    

198,491 
393,445 
28,065 
1,600 
130,443 
34,697 
2  264 

292,932 
398,572 
47,163 
1,341 
50,977 
534 
4471 

Copper,  in  pig's  and  bars    
in  plates,  suited  to  the  sheathing  of  ships    . 

160,778 
438,382 
22,302 

687,416 
400,560 

8,844 

old,  fit  only  to  be  re-manufactured      .... 

66,985 
513,654 

124,457 
5    69,650 

Specie        ........... 

7,637,476 

I    738,570 

1,167 

(  6,216,458 

1,918 

676 

Total,  Dollars 
Value  of  Merchandise  paying  Duties  Ad  Valorem. 
Manufactures  of  wool  : 
Cloths  and  cassimeres    .... 
Flannels  and  baizes        .... 
Blankets          

11,855,104 

4,285,413 
587,250 
703,477 

12,379,176 

4,315,714 
521,177 
624,239 

Worsted  and  stuff  ..... 

1,382,875 

1,446,146 

Hosiery,  gloves,  mits,  &c. 
All  other  manufactures  of,  paying  a  duty  of  30  per  cem 
Manufactures  of  cotton  : 
Printed  and  coloured     .... 
White      

376,927 
895,573 

5,316,546 
2,584,994 

365,339 
678,399 

6,133,844 
2,451,316 

Hosiery,  gloves,  mits,  &c. 
Twist,  yarn,  and  thread 
Nankeens          
All  other  manufactures  of,  paying  a  duty  of  25  per  cem 
Silk,  from  India     
other  places  ..... 

439,773 
263,772 
256,221 
454,847 
1,546,257 
4,998,988 

640,360 
344,040 
388,231 
1,038,439 
2,829,754 
4,778,860 

209,357 

216,210 

2,656,786 

3,239,539 

Hemp              '.        
Iron  and  steel        

1,516,553 
3,525,433 
141,585 

1,678,692 
3,559,982 
24,613 

Y"pyti 

429,834 

468,408 

Tin          

23,344 

15,629 

Pewter  and  lead,  except  shot 
Wood,  including  cabinet  wares 
Leather,  including  saddles,  bridles  and  harness 
Manufactures  of  Glass  ware      .        .        .        .        . 
China,  earthen  and  stone,  japanned,  plated, 
and  gilt        
Gold  and  silver      
Lace       
Plated  saddlery,  coach  and  harness  furniture 
Square  wire,  used  for  umbrella  stretchers. 
Marble,  and  manufactures  of       ... 
Slates  and  tiles  for  building 

20,251 
98,316 
444,466 
92,591 

1,447,820 
362,050 
923,680 
15,003 
2,238 
8,249 
83,140 
8,833 

30,957 
101,048 
492,074 
188,384 

1,806,657 
493,077 
800,576 
44,559 
7,296 
12,588 
54,725 
21,014 

Black  leaa  pencils         
Paper  hangings      .        .        .        . 

4,095 
63,040 

4,343 
86,998 

Brushes  ofall  kinds        .        .        . 
Quicksilver   
Hair  cloth  and  hair  seatings 
Bolting  cloths         .        .        ...'.. 
Oil  Cloth,  and  oil  cloth  carpeting,  of  every  de- 
scription       
Hate,  caps,  and  bonneta         .        . 

5,995 
173,195 
21,220 
31,540 

30,309 
340,428 

4,652 
249,011 
21,538 
29,417 

35,259 
410,495 

ANNUAL  REGISTER— 1827-8-9. 


Unmanufacturcs  of  copper  bottoms,  and  copper  in  plates  or 

sheets,  not  suited  to  the  sheathing  of  ships 
1       Brass,  in  plates  and  sheets    .... 
Tin,  in  plates  and  sheets        .        .  ' ,    j 

Raw  silk 

Wool 

Opium 

Articles  not  specially  enumerated,  at  12J  per  cent. 
Do  do     '         do  15        do 

Do  do  do  20        do       . 

Do  do  do  25       do 

Do  do  do  30       do 

Do  do  do  33i      do       . 


Total,  Dollars,  41,956,121  45,845,761 
Quantity  and  Value  of  Merchandise  paying  Specific  Duties, 

Carpeting- 511,186  581,946 

Cotton  bagging 366,913  408,626 

Woollens,  not  above  33  J  cents  per  square  yard        .        .        .  146,545 

Patent  printed  floor  cloth ^  4,481 

Oil  cloth,  other  than  patent  floor  cloths 765 

Furniture  oil  cloth    .        .        .        .        .       4,  t -...'.        .  8,782 

Floor  matting  and  flags ,  177 

Sail  duck 413,266 

Flax »  46,686 

Wool 120,206 

Wines         .        .       ..        .        . 1,621,035  1,507,533 

Spirits,  from  grain 250,282  502,974 

other  materials 1,401,154  1,828,682 

Molasses 2,818,982  2,788,471 

Beer,  ale,  and  porter 79,590  79,070 

Vinegar 9,673  5,135 

Oil : 68,646  140,827 

Teas 1,714,882  2,451,197 

Coffee 4,464,391  5,192,338 

Cocoa         .        .        .  '     .        .     '  ,        .        ,        .        .       .  406,549  369,317 

Chocolate 819  762 

Sugar,  brown  and  white 4,577,361  3,546,736 

candy  and  loaf       ....'....  96  47 

other  refined  .        .        ....'.        .        .  7  12 

Fruits .        .        .  433,954.  343,843 

28,866 

Candles,  cheese,  soap,  and  tallow     .        .        .        ..."..  112,906  3    \\'lm 

'  105^930 

Lard 41  88 

Beef  and  pork                             , 8,049  22,094 

Bacon 503  343 

Butter 283  83 

Saltpetre 3  13 

Vitriol 38  5 

Camphor 8,251  1 

Salts,  Epsom,  &c 206  109 

Spices 322,730  432,504 

Tobacco,  manufactured,  and  snuff  .        .".''.        .        .  20,337  524 

Indigo 1,093,084  1,974,917 

Cotton 14,034  57,736 

Gunpowder 12,485  12,024 

Bristles 85,433  132,242 

Glue 318  320 

Paints         . 149,588  244,027 

Lead,  pig,  bar,  and  shot .  303,615  30'2,111 

Cordage,  twine,  packthread,  seine,  &c 137,987  207,849 

Corks 37,161  50,923 

Copper,  rods  and  bolts,  nails  and  spikes 3,335  3,505 

Fire  arms,  muskets  and  rifles 13.453  26,775 


30,946 

21,869 

436,873 

135,230 

408,527 

387,561 

1,039,099 

2,021,432 

87,704 

177,688 

436,928 


28,644 

22,386 

21,424 

608,738 

48,609 

491,945 

163,530 

912,458 

2,147,890 

90,782 

151,937 

503,619 


EXPORTS  FOR  1827-28. 


597 


Iron  and  steel  wire    
Tacks,  brads  and  sprigs,  nails  and  spikes 
Cables  and  chains,  or  parts  thereof  
.    Mill  cranks,  mill  irons  of  wrought  iron  .... 
Mill  saws  
Anchors,  anvils,  hammers  and  sledges  for  blacksmiths, 

79,257 
53,095 
25,624 
10 
5,322 

102,017 
40,581 
142,248 
l,71b,422 
310,197 
635,854 
346 
3,629 
91 
635,201 
142,677 
no  returns 
910 
209 
14,273 
44,241 
119,287 

12,271 
174,234 
22,903 
140,743 
71,752 
20,710 

?    24,971 

5,817 
174,931 
1,610 

117,467 
54,756 
45,611 
20 
8,766 

99,979    - 
54,009 
239,725 
2,675,203 
430,425 
1,075,243 
48 
4,535 
12 
443,469 
104,292 
7,116 
688 
110 
13,878 
53,760 
120,537 

15,402 
180,626 
10,640 
104,767 
56,577 
19,553 

|    10,469 

4,896 
209,479 
81 

Braziers'  rods,  nail  or  spike  rods,  slit      .        .        '.   "  .,' 
Sheet  and  hoop,  slit  or  rolled    .» 
In  pigs,  bars,  and  bolts,  rolled  and  hammered 
Steel    

Hemp          ....                ...... 

Wheat  flour        

Salt    

Coal    

Slates          .                
Wheat        .                
Oats   .                       

Potatoes     ........... 

Paper          .                ...                         .... 

Books         

Glass,  cut,  not  specified 
All  other  articles 
Apothecaries'  phials 
Bottles      .        .                                                       . 
Window 
Demijohns 
Fish,  dried  or  smoked 
pickled    ...                                               .        . 
Shoes,  boots,  bootees,  &c. 

Playing  cards    

Total  value  of  merchandise  paying  specific  duty    . 
Do                      do                       ad  valorem  duty   . 
Do                     do                     free  of  duty    . 

Total,  Dollars, 

>!>,672,843 
41,956,121 
11,855,104 

30,284,887 
45,845,761 
12,379,176 

79,484,068 

88,509,824 

EXPORTS  FOR  1827-8. 

SUMMARY  STATE  WEWT  showing  the  value  of  Exports  of  the  growth,  produce,  and 
manufacture  of  Foreign  Countries,  during  the  years  ending  on  the  30th  day  of  September, 
1827  and  1828. 
Value  of  Merchandise  free  of  duty.                     1827               1828 

25720 
1512 
2787 
390032 
152 
42 
345448 
7929 
22190 
17252 
780 
11847 
6,959459 

15131 
4311 
8071 
274099 
no  returns 
550 
419981 
7923 
94277 
51282 
1614 
56251 
7,494188 

Wood,  (dye  and  barilla,  unmanufactured  mahogany,  &c).. 

plates  suited  for  the  sheathing  of  ships  

$7,785150 

$8,427678 

598 


ANNUAL  REGISTER—  1S27-S-9. 


Value  of  Merchandise  paying  duties  ad  valorem. 


Mannfactures  of  wool  — 

1827 

1823 

166603 
11425 
14317 
687 
26956 

21713 

964904 
.495188 
230448 
46788 
63413 

38073 
891975 
79815) 
16525 
707444 
514323 
232085 
849 
47471 
467 
30 
20687 

9375 
41519 

148010 
22472 
74632 
760 
701 
2269 
639 
18S1 
1551 
230171 
2283 
17083 
394290 

1895 
1400 
25272 
181150 
28686 
621897 
796612 
27741 
65143 
131317 

1,09315 
12022 
24840 
2086 
26C93 

17152 

1,402103 
406623 
324274 
44988 
46736 

18015 
713610 
509574 
3400 
823900 
434807 
200872 
10910 
38908 
260 
906 
11337 

3216 

39045 

132419 
54990 
75579 
420 
810 
341 
500 
1326 
no  returns 
298088 
2446 
11943 
139799 

no  returns 
no  returns 
39255 
47277 
3094 
616211 
836939 
21579 
59033 
122334 

worsted  and  stuff  

All  manufactures  paying  a  duty  o 
30  ner  cent... 

Cotton  — 

Unmanufactured, 

white  ,  

twist,  yarn,  and  thread  

AH  other  manufactures  paying  a 
duty  of  25  percent  

Silk,  from  India  

flax...  

pewter  

wood,  including  cabinet  wares., 
leather,  including  saddles,  bridles, 

glass,  not  subject  to  a  specific 

wares,  China,  and  earthen  stone, 
&c  

marble  and  manufactures  of.  .... 

brushes  

oil  cloth  and  oil  cloth  carpeting.. 

copper  bottoms,  and  copper  in  plates 

tin  

Articles  not  specially  enumerated,  at  12J  percent  
1  5        do  
20         do  

25        do.  ..... 

30        do...... 

$8,139271 

$7,689381 

EXPORTS  FOR  1827-8. 


599 


Value  of  Merchandise  paying  specific  rates  of  duty. 

1827        I 

1828 

1000 
1759 
342356 
14979 
208836 
6492 
1607 
32486 
772443 
2,324784 
441221 
1,190899 
607 
54739 
47762 
28934 
31042 
3 
363129 
21962 
864951 
9875 
2408 
40 
11607 
197151 
94979 
3176 
1886 
19483 
66191 
1261 
2868 
577 
1804 
12735 
42834 
42662 
1004 
47 
•    16014 
66 
337 
81190 
20150 
38533 
1704 
760 
49977 
3501 
1904 
no  returns 
no  returns 
no  returns 
no  returns 
no  returns 
no  returns 

1566 
3478 
327806 
13568 
241773 
9488 
3626 
54662 
679924 
1,497097 
345674 
826833 
1666 
39204 
28007 
34284 

181307 
458 
562768 
22810 
5788 
29 
10934 
118037 
102614 
7487 
2613 
76 
19870 
4627 
19466 
2208 

3796 
65664 

18472 

no  returns 
10718 
682 
68 
53224 
12749 
56769 
400 
808 
39945 
1245 
1192 
750 
1382 
6878 
7560 
25893 
14 
$  5,477953 

Oils  

Teas  

Coffee  

Fruits  

Salts  

Cotton  

Glue  

Copper  rods  and  bolts  nails  and  spikes  .............. 

rods,  brazier  or  round,  nail  or  spike,  slit  or  rolled..  . 

Steel  

Salt 

Fish                                           

Wool,  not  exceeding  33  J  per  square  yard,  1  326  sq.  yds.  .  . 
Sailduck    6019    do  

$  7,478715 

600 


ANNUAL  REGISTER— 182r-S-9. 


Value  of  merchandi 
do               do 
do               do 

7,785150 
8,139271 
7,478715 

8.42767S 
7,689381 
5,477958 

paying  duties  ad  valorem  ........ 

Total  value  of  foreign  produce 

$25,40313, 

$21,595017 

SUMMARY  STATEMENT  of  the  value  of  the  Exports 
manufacture  of  the  United  States,  during  the  years  endi 
ber,  1827  and  1828. 
THE  SEA. 
Fisheries  — 
Dried  fish,  or  cod  fisheries  

of  the  growth, 
ng  on  the  30th 

1827 

produce,    and 
day  of  Septem- 

1328 

747171 
240276 

223604 
364281 

819926 
246737 

181270 
446047 

Pickled  fish,    or   river  fisheries. 
(h<;rnng,  shad,  salmon,  mackerel) 
Whale  (common)  oil,  and  whale- 

Spermaceti  oil  and  candles.  .... 
THE  FOREST. 

$1,575332 

441690 
79566 

1,697170 

79884 

402489 
643171 

$l,6939tO 

626235 
91164 

1,821906 
101175 

487761 
761370 

Product  of  wood. 
Staves,  shingles,  boards,  and  other 
lumber  

Oak.  bark  ,  and  other  dye  

Naval  Stores  —  tar,    pitch,  rosin. 

AGRICULTURE. 
Products  of  animals  — 
Beef,  tallow,  hides,  and  horned 
cattle  

33,343970 

772636 
184049 

1,555698 
173629 
13586 

4,645784 
1,022464 
47698 

87284 
39174 
35828 
2,343908 
6,577123 
29,359545 

8358 
188606 
8284 
1489 

$3,889611 

719961 
176354 

1,495830 
185542 
7499 

4,464774 
822858 
59036 

67997 
35371 
22700 
2,620696 
5,269960 
22,487229 

1495 
144095 
25433 
4095 

Pork,  (pickled,)  bacon,  lard,  live 
hogs    .   . 

Vegetable  food  — 
Wheat,  flour,  and  biscuit  
Indian  corn  and  meal  

Rye,  oats,  and  other  small  grain 

Rice  

Tobacco  

Cotton  

All  other  agricultural  products. 

$47,065143 

$33,610924 

EXPORTS  FOR  1827-8. 


601 


MANUFACTURES. 

901751 

912322 

388525 

401259 

57717 

49758 

Hats  

286624 

326294 

Wax  

123354 

134886 

Spirits  from  grain,  beer,  ale,  and 

144S32 

203780 

Wood,   (including  coaches   and 

574751 

611196 

Snuff  and  tobacco  ............. 

239024 

210747 

3761 

4184 

Linseed  oil  and  spirits  of  turpen- 

20704 

22119 

63074 

20030 

273158 

231234 

97203 

185096 

34012 

38207 

1350 

3344 

176229 

181384 

52341 

60452 

119390 

95083 

Cotton  piece  goods. 

45120 

76012 

White  

951001 

887628 

14750 

5149 

11175 

12570 

137368 

28873 

Flax  and  hemp. 

11084 

5335 

Bags  and  all  manufactures  of.  ... 
Wearing  apparel  

5364 
94768 

3365 
143253 

Combs  and  buttons  

33415 

60957 

7334 

6372 

3191 

2240 

49138 

24703 

Leather  and  morocco  skins,  not  sold  per  pound 

119545 
2513 

81221 
2384 

33713 

40199 

14844 

1001  1 

54012 

46937 

37716 

32026 

29664 

26229 

8182 

4884. 

6492 

5595 

59307 

i-.ldKO 

Tin  i  

2967 

K04Q 

6183 

KC4c 

3505 

41  OO 

Gold  and  silver,  and  gold  leaf.  .  .  . 
Gold  and  silver  coin  

3605 
1  043574 

7505 

fiQ^ft37 

22357 

laiqe 

1511 

fini 

12483 

ftrwvi 

3365 

41:70 

Articles  not  distinguished  in  returns. 

293379 

247QQn 

257021 

2337fit 

Total  value  of  domestic  exports 
.  III.                                    76 

$58,921691 

$50,669669 

602 


ANNUAL  REGISTER— 1827-8-9. 


PUBLIC  LANDS. 

Table,  showing  the  quantity  in  acres  of  land  within  the  limits  of  the  respective  states  and 
territories,  distinguishing  what  part  is  held  by  the  United  States;  also,  the  population 
of  each  state  and  territory  in  the  years  1800,  1820,  and  as  estimated  for  1830. 


STATE   OR  TERRITORY. 

I 

Whole  quan- 
tity of  land  in 
each  state  or 
territory. 

Quantity  01 
land    belong- 
ing to  the  U- 
nited    States, 
June  30,  1828, 
to  which  the 
Indian  title  is 
extinguished. 

Quantity  of 
land  belong- 
ing to  the  U. 
Statesineach 
state  &  terri- 
tory,towhich 
the  Indian  ti- 
tle   has   not 
been    extin- 
guished up  to 
JuneSO,  1828 

Acres. 

20480000 
4992000 
5939200 
6536000 
870400 
2991360 
29440000 
4416000 
28280000 
1323520 
6912000 
64000 
40960000 
28032000 
19251200 
37120000 

none 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 

none 
3000000 
11514517 
12308455 
4984348 
25364197 
23575300 
16393420 
26770941 
35263541 
2972S30Q 
19768679 

16885760 
5335632 
409501 
none 
6424640 
7378400 
none 
none 
4032640 
9519066 

New  York  

237G07680 
24960000 
26432000 
31074234 
22459669 
24810246 
31463040 
35941902 
24939870 
28899520 
39119019 
35286760 
34001226 

597195166 
56804834 
750000000 

205672698 

49985639 
56804834 
750000000 

Add  quantity  to  which  the  Indian  title 
Total  acres  belonging  to  the 

1404000000 
s  extinguished 

United  States 

856790473 
205672693 

1062463171 

*  Territory  of  Huron,  lying  W.  of  lake  Michigan,  and  E.  of  the  Mississippi  river, 
t  Great  western  territory  extending  from  the  Mississippi  river  to  the  western  ocean. 


PUBLIC   LANDS. 


603 


POPULATION  OP  THE  U.  STATES. 


STATE    OR 
TERRITORY. 

_d 
1§ 

2°° 

S 

a 

'•Si 

300 
0"1 
<J 

estimated 
for  1830. 

Maine.  .    .... 

151719 
422845 
183858 
154465 
69122 
151002 
586150 
211149 
602543 
64273 
349692 
14093 
886149 
478103 
345591 
1626S6 
220959 
105602 
8850 
5640 
45365 

298335 
523287 
244161 
235764 
83059 
275248 
1372812 
277575 
104945.-i 
7274:' 
407350 
33039 
10653M5 
638829 
502741 
340989 
564317 
242643 
75448 
147178 
581434 
153407 
55211 
8896 
14246 
66586 

127901 

420000 
580000 
300000 
280000 
90000 
290000 
2000000 
330000 
1390000 
80000 
450000 
50000 
1180000 
720000 
600000 
410000 
650000 
600000 
130000 
400000 
1000000 
300000 
130000 
35000 
35000 
130000 
40000 
380000 

Massachusetts 
N.  Hampshire 
Vermont  
Rhode  Island 
Connecticut.. 
New  York  .  .  . 
New  Jersey.. 
Pennsylvania 
Delaware..  .. 
Maryland  .... 
Dist.  Columbia 
Virginia  

N.  Carolina  .  . 
S.  Carolina..  . 
Georgia  
Kentucky.... 
Tennessee  .  .  . 
Mississippi..  . 
Indiana  ..... 

Ohio  

Louisiana.... 

Mich,  peninsu 
Arkansas  do. 
Missouri  
Florida  penin. 
Alabama  .... 

5319762 

9637998 

13000000 

Table  showing  Ihe  quantity  of  United  States' 

lands  in  the  State  of  Ohio,  and  the  man- 

net* of  its  appropriation. 
The    whole    number  of  acres 

within  the  limits  of  the  state 

of  Ohio,  to  which  the  Indian 

title  has  been  extinguished,  is  24,400745 
The  'whole  number  of  acres  to 

which  the  Indian  title  has  not 

been  extinguished  409501 


24.810246 
Disposed  of  as  follows  : 

To  satisfy  Virginia  military  land 
warrants 

United  States'  military  (revolu- 
tionary) 1,461666 

Reserve  made  by  Connecticut        3,267910 

Given  to  the  state  of  Ohio  and 

individuals,  prior  to  1828  277897 

Do      to    do    by  acts  of  con- 
gress in  1828  972960 

F>o      to    do    by    act  of    con- 


gress, for  schools,  being  the 
one  thirty-sixth  part  of  the 
whole  land  to  which  the  In- 
dian title  is  extinguished  677465 
Sales  made  to  the  30th  J  une;i828  9,025335 


Saline  reservations 

To  which  the  Indian  title  has 
not  been  extinguished 

Balance  of  land  in  Ohio  remain- 
ing unsold  on  the  30th  June, 
1828 


23680 
409501 


4,984348 


24,810246 

INDIANA. 

Table  showing  the  quantity  of  United  States' 
land  in  the  State  of  Indiana,  and  the  man- 
ner of  its  appropriation. 

The  whole  number  of  acres 
within  the  limits  of  the  state 
of  Indiana,  to  which  the  In- 
dian title  has  been  extinguished  17,124037 

The  whole  number  of  acres  to 
which  the  Indian  title  has  not 
been  extinguished  5,335632 

22,459669 

Disposed  nf  as  follows  : 
Allowed  en  private  claims  277274 

Donatibn  to  Canadian  volunteers        64640 
Given  to  the  state  of  Indiana 

and  individuals,  prior  to  1828          48640 
Do    to    do    by  act  of  March, 

1827  384000 
Do       to    do  by  act  of  congress 

for  schools,  being  one  thirty- 
sixth  part  of  the  whole  land  to 
which  the  Indian  title  is  ex- 
tinguished 475668 
Sales  made  to  the  30th  June, 

1828  3,542320 
Saline  reservations  23040 
To  which  the  Indian  title  has 

not  been  extinguished  5,335632 

Balance  of  land  in  Indiana  re- 
maining unsold  on  the  30th 
June  1828  12,308455 

22,459669 

ILLINOIS. 

Table  showing  the  quantity  of  United  States'1 
land,  in  the  State  of  Illinois,  and  the  man- 
ner of  its  appropriation. 

The  whole  number  of  acres 
within  the  limits  of  the  state 
of  Illinois,  to  which  the  In- 
dian title  has  been  extinguish- 
ed, is  29,517262 

The  whole  number  of  acres  to 
which  the  Indian  title  has  not 
been  extinguished 


Disposed  of  as  follows  :• 
Allowed  on  private  claims 
United  States'   military,     (l^te 


6,424640 
35,941902 
179904 


604 


ANNUAL  REGISTER— 1827-8-9. 


war) 

Given  to  the  state  of  Illinois  and 
individuals,  prior  to  1827 

Do  to  do  by  Congress  in 
March,  1827 

Do  to  do  by  act  of  congress 
for  schools,  being  the  one 
thirty-sixth  part  of  all  the 
land  to  which  the  Indian  title 
is  extinguished 

Sales  made  toSOth  June,  1823 

Saline  reservations 

To  which  the  Indian  title  has 
not  been  extinguished 

Balance  of  land  in  Illinois  re- 
maining unsold  on  30th  June, 
1828,  excluding  84,500  acres 
of  salines  owned  by  the  Uni- 
ted States 


2,878560 

50560 

480000 


819924 

1,326885 

206129 

6,424640 


23,575300 


36, 941902 

MICHIGAN  TERRITORY. 

Table  showing  the  quantity  of  United  States' 
land  in  the  territory  of  Michigan,  and 
the  manner  of  its  appropriation. 

The  whole  number  of  acres 
within  the  limits  of  the  terri- 
tory of  Michigan,  to  which 
the  Indian  title  has  been  ex- 
tinguished, is  17,561470 

The  whole  number  of  acres  to 
which  the  Indian  title  has  not 
been  extinguished 


7,378400 
24,939870 


Disposed  of  as  follows  : 

Allowed  on  private  claims  581884 

Given  to  Indians,  20th  Jan. 1825  2560 

Given  to  the  state  of  Mississippi 

for  seat  of  government  1280 

Do  to  do  for  seminary  of 

learning  46080 

Do  to  do  for  schools,  be- 
ing the  one  thirty-sixth  part 
of  the  whole  land  to  which 
the  Indian  title  has  been  ex- 
tinguished 394124 

Do  to  do  for  Indian 
schools  34560 

Sales  made  to  30th  June,  1828,  16,13449 

To  which  the  Indian  title  has 
not  been  extinguished  16,885780 

Balance  of  land  in  Mississippi 
remaining  unsold  on  the  30th 
June,  18,28  11,514517 

31,074234 

ALABAMA. 

Table  showing  the  quantity  of  United  States1 
land  in  the  State  of  Alabama,  and  the 
manner  of  its  appropriation. 

The  whole  number  of  acres 
within  the  limits  of  the  state 
of  Alabama,  to  which  the  In- 
dian title  has  been  extinguish- 
ed 24,482160 

The  whole  number  of  acres  to 
which  the  Indian  title  has 
not  been  extinguished 


Disposed  of  as  follows: 
Allowed  to  private  claims 
Given  to  the  territory  and  indi- 
viduals 

Do      to     do    one  thirty-sixth 

part  of  all  the  lands,  for  use 

of  common  schools 

Sales  made  to  30th  Jnne,  1828 

To  which  the  Indian  title  has 

not  been  extinguished 
Balance  of   land  in  Michigan 
territory  remaining  unsold  on 
the  30th  June,  1828 


217291 
56080 


487819 
406860 

7,378400 


16,393420 


24,939870 
MISSISSIPPI. 

Table  showing  the  quantity  of  United  States' 
land  in  the  State  of  Mississippi,  and  the 
manner  of  its  appropriation. 
The  whole   number    of  acres 
*  within  the  limits  of  the  state 
of  Mississippi,  to  which  the 
Indian  title  has  been   extin- 
guished 14,188454 
The  whole  number  of  acres  to 
which  the  Indian  title  has  not 
been  extinguished  16,885780 


9,519066 
34,001226 


Disposed  of  as  follmvs ; 

Allowed  to  satisfy  private 
claims 

Given  to  individuals  and  com- 
panies by  congress 

Given  to  the  state,  in  1819, 
for  seminary  of  learning 

Do  to  do  in  1319  and 
1827 

Do  to  do  by  act  of  con- 
gress in  182S 

Do  to  do  the  one  thirty- 
sixth  part  of  all  lands  in  the 
state,  for  common  schools 

Salines  reserved  for  the  state 

Sales  made  to  the  30th  June, 
1828 

Reservations  and  selections 
by  Indians 

To  which  the  Indian  title  has 
not  been  extinguished 

Balance  of  land  in  Alabama 
remaining  unsold  on  the 
SOthJune,  1828 


71139 
116596 
"-46080 
2900 
400000 

680060 
S3040 

3,242586 
110080 
9,519066 

17,789679 


31,074234 


34,001226 


PUBLIC  LANDS. 


LOUISIANA. 

1'able  showing  the  quantity  of  United 
States'  land  in  the  State  of  Louisiana, 
and  the  manner  of  its  appropriation. 

The  whole  number  of  acres, 
within  the  limits  of  the  state 
of  Louisiana,  the  Indian  ti- 
tle being  extinguished  to  the 
whole  31,463040 


Disposed  of  as  follows : 
To  satisfy  private  claims  un- 
der the  French,    English, 
and  Spanish  governments, 
estimated  not  to  exceed 
Given  to  the  state  of  Louisiana 
for  a  seminary  of  learning, 
by  act  of  congress 
Do      to    do    by  act  of  con- 
gress, for  schools,  one  thir- 
ty-sixth  of  the  whole  laud 
Sales  made  to  30th  June,  1828 
Balance  of  land  remaining  un- 
sold 30th  June,  1828 


5,000000 


46080 


873982 
178781 


25,364197 


31,463040 
MISSOURI. 

Table  showing  the  quantity  of  United 
States'  land  in  the  State  of  Missouri,  and 
the  manner  of  its  appropriation. 

The  whole  quantity  of  land  in 
the  state  of  Missouri  has 
been  ceded  by  the  Indians, 
and  is,  in  acres  39, 1 19019 

Disposed  of  as  follows : 
Allowed  on  private  claims  966087 

United  States1  military  (late 

war)  located  4,68960 

To  Kanza  Indians  23040 

Given  to  the  state  of  Missouri 

and  individuals  48530 

Given  to  the  state  of  Missouri 

by  act    of   congress,    for 

schools,  being  the  one  thir- 
ty-sixth part  of  the  land  1,086639 
Sales  made  to  30th  June,  1828    1,216142 
Saline  reservations  46080 
Balance  of  land  in  Missouri 

remaining   unsold  on  the 

30th  June,  1828  35,263541 

39,119019 

TERRITORY  OF  ARKANSAS. 

Table  showing  the  quantity  of  United 
States'  land  in  the  territory  of  Arkansas, 
and  the  manner  of  its  appropriation. 

The  whole  number  of  acres 
within  the  limits  of  the  ter- 
ritory of  Arkansas  to  which 
the  Indian  tribe  has  been 


extinguished  as  originally 
bounded,  is  33,661120 

Deduct  a  quantity  of  acres 
lying  west  of  the  boundary, 
as  established  by  the  act  of 
6th  May,  1828  4,761600 

28,899520 
Disposed  of  as  follows  : 

Allotted  to  satisfy  claims  un- 
der Spanish  and  French 
grants  59682 

Allowed  for  locating  military 

warrants  (late  war)  1 , 1 62880 

Given  for  seminary  of  learn- 
ing 46080 

Reserved  to  be  given  to  Ar- 
kansas for  common  schools, 
one  thirty-sixth  part  of  the 
whole  '  802767 

Sales  made  to  June  30,  1828  57170 

Balance  of  land  remaining  un- 
sold on  the  30th  June,  1828  26,777941 

28,899520 

TERRITORY  OF  FLORIDA. 

Table  showing  the  quantity  of  United 
States'  land  in  the  territory  of  Florida } 
and  the  manner  of  its  appropriation. 

The  whole  number  of  acres  of 
land  within  the  limits  of  the 
territory  of  Florida,  to 
which  the  Indian  title  has 
been  extinguished,  estima- 
ted at  31,254120 

The  whole  number  of  acres 
to  which  the  Indian  title 
has  not  been  extinguished  4,032640 


Disposed  of  as  follows 
Allowed  to  private  claims 
Given  to  Lafayette 

to  deaf  and  dumb 
to  an  academy 
to  Tallahase 
to  Hambly  and  Doyle 
to  Florida,  one  thirty- 
sixth    part   of    the 
whole  lands,  for  use 
of  schools 
Sale  made  to  the  30th  June, 

1828 
To  which  the  Indian  title  has 

not  been  extinguished 
Balance  of  land  in  the  terri- 
tory of  Florida  remaining 
unsold  on  the  30th  June, 
1828 


35,286760 

297167 
23028 
23040 
46080 
640 
1280 


868170 

266415 

4,032640 

29,728300 

35,286759 


GQ6  STATISTICS  OF  THE  WORLD, 

Compiled  from   Balbi's  "  Balance  politigue  du  Globe" 


STATES  AND  TITLES. 

Surface  in 
Geog.  sq. 
Miles. 

Popula- 
tion. 

Reigning  Sovereign, 
or 
Head  of  Government. 

EUROPE. 

Surface  2,793,000  geographical  sq.  miles. 

Population  227,700,000  inhabitants. 

CENTRAL  STATES. 

1  French  monarchy      .        ,    *''V* 

154,000 

32,000,000 

Charles  X.,  1824 

Total  of  French  monarchy 

188,000 

32,554.000 

2  Austrian  empire 

194,500 

32,000^00 

Francis  I.,  1792 

3  Prussian  monarchy  . 

80,450 

12,464,000 

Frederic  William  III., 

1797 

4  Monarchy  of  the  Netherlands  . 

19,000 

6,143,000 

William  I-,  J815  (Stadt- 

holder  1806) 

Total  of  the  monarchy  of  the  Ne- 

therlands      .... 

252,000 

15,562,000 

.... 

5  Swiss  confederation  . 

11,200 

1,980,000 

Junker  David  Wyss 

Landman 

6 

Kingdom  of  Bavaria    . 

22,120 

3,960,000 

Louis  1.,  1825     . 

7 

Kingdom  of  Wirtemberg 

5,720 

1,520,000 

William  I.,  1816 

8 

Kingdom  of  Hanover   . 

11,125 

1,550,000 

George  IV.,  1820 

9 

Kingdom  of  Saxony 

4,341 

1,400,000 

Anthony,  1827    . 

10 

Grand  Duchy  of  Baden 

4,480 

1,130,000 

Louis,  1808 

11 

Grand  Duchy  of  Hesse 

2,826 

700,000 

Louis  I.,  1790     . 

12 

Electorate  of  Hesse 

3,344 

592,000 

William  II.,  1821 

13 

Grand  Duchy  of  Saxe  Weimar 

1,070 

222,000 

Charles  Frederic,  1828 

sS 

14 

Do.  of  Mecklenberg-Schwerin 

3,582 

431,000 

Francis,  1785     . 

0 

15 

Do.  of  Mecklenberg-Strelitz 

578 

77,000 

George,  1816      . 

1 

16 

Do.  of  Holstein-Oldenburgh 

1,880 

241,000 

Peter,  1823 

g 

17£ 

Duchy  of  Nassau  . 

1,446 

337,000 

William,  1816     . 

hfli 

•-I 

18§ 

Duchy  of  Brunswick    . 

1,126 

242,000 

Charles,  1815     . 

Q 
>- 

19? 
20*" 

Duchy  of  Saxe-Cobourg-Gotha 
Duchy  of  Saxe  Meiningen  . 

731 
691 

143,000 
130,000 

Ernest,  1826 
Bernard.  1803     . 

03 

213 

Duchy  of  Saxe  Altenburgh  . 

397 

104,000|  Frederic,  1780   . 

« 

225 

Duchy  of  Anhalt-Dessau 

261 

56,000 

Leopold,  1817     . 

s 

23§ 

Dnchy  of  Anhalt-Berneburgh 

253 

38,000 

Alexis,  1796 

GQ 
§ 

243 
25^ 

Duchy  of  Anhalt-Koethen    . 
Prin.  of  Schwarz.-Rudolstadt 

240 
306 

34,000 
57,000 

Ferdinand,  1818 
Gunther  Frederic,  1807 

s 

26*. 

Do.  of  Schwarz.-Sondershausen 

270 

48,000 

Gunther  Fred.  Charles, 

O 

1794 

27° 

Principality  of  Reuss-Greitz 

109 

23,000 

Henry  XIX.,  1817     . 

28P 
29^ 

Principality  of  Reuss-Schleitz 
Pr.  of  Reuss  Lobenst-Ebersdorf 

156 

182 

28,000 
26,000 

Henry  LXIL,  1818    . 
Henry  LXXIL,  1822 

30* 

Prin.  of  Lippe-Detmold 

330 

72,000 

Leopold,  1802     . 

31^ 

Prin.  of  Lippe-Schauhenburg 

157 

26,000 

George  William,  1787 

320? 

Principality  of  Waldeck 

347 

54,000 

George,  1813 

33^ 
3> 

Do.  Honenzollern  Sigmaringen 
Pr.  of  Hohenzollern  Hechingen 

293 

82 

38,000 
15,000 

Anthony,  1785 
Frederic,  1810 

35 

Principality  of  Liechtenstein 

40 

6,000 

John,  1805 

36 

Landgrave  of  Hesse  Homburgh 

125 

20,000 

Frederic,  1820 

37 

Republic  of  Francfort 

69 

52,000 

De  Malapert  (Burgo- 

master) 

38 

Republic  of  Bremen     . 

51 

49,000 

Greening,  Schmidt,  Now- 

nen,  &  Dantze,  (Burg.) 

39 

Republic  of  Hamburgh 

114 

148,000 

Amsink,  Heise,  cartels, 

and  Koch,  (Burgp.) 

40 

Republic  of  Lubeck 

88 

41,000 

Beneke,  Kindler,  Boeg, 

and  Evers,  (Burgo.) 

.41 

Lordship  of  Kniphausen 

13 

2,859 

Wm.  Gusta.  Fred.  1825 

NOTE. — The  mile  used  in  the  above  table  is  the  geographical  square  mile,  which  is  one  fourth 
larger  than  the  English  square  mile. — This  mark  1  whenever  used,  denotes  that  the  information  is 
considered  questionable,  or  that  it,  could  not  be  obtained. 


STATISTICS  OF  THE  WORLD, 


607 


Capital  Cities, 
with 
Their  Population. 

Principal  Religious 
Denominations. 

Revenue, 
£  sterling. 

Debt, 
£  sterling. 

Armies. 

Ships. 

Paris,  890,000 

Catholic,  Calvinist 

39,560,000 

184,960,000 

231,560 

323* 

1 

Vienna,  300,000 

Catholic,  Greek,  Calvin- 

14,000,000 

58,400,000 

271,400 

72t 

2 

ist,  Lutheran 

Berlin,  220,000 

Protestant,    (Lutheran, 

8,600,000 

29,067,200 

162,600 

1 

3. 

Calvinist,)  Catholic 

Amsterdam,  201,000 

Catholic,  Calvinist,  Lu- 

6,473,440 

152,000,000 

43,300 

86?t 

4 

theran 

Zurich,  10,000 

Calvinist,  Catholic 

400,000 

n 

33,760 

5 

Munich,  70,000 

Catholic,  Protestant 

3,164,000 

9,568,000 

35,800 

6 

Stuttgard,  32,000 

Lutheran,  Catholic 

950,440 

2,600,000 

13,950 

7 

Hanover,  28,000 

Lutheran,  Catholic 

1,040,000 

2,560,000 

13,050 

8 

Dresden,  70,000 

Lutheran        •     .     ' 

1,120,000 

2,800,000 

12,000 

9 

Karlsruhe,  19,000 

Catholic,  Lutheran 

814,120 

1,560,000 

10,000 

10 

Darmstadt,  20,000 

Lutheran,  Cath.  Calv. 

628,560 

1,080,000 

6,190 

11 

Cassel,  20,000 

Protestant,  Catholic 

620,000 

263,200 

5,680 

12 

Weimar,  10,000 

Lutheran 

196,520 

651,640 

2,100 

13 

Schwerin,  12,000 

Lutheran        •'     .  !jf 

240,000 

980,000 

3,590 

14 

N.  Strelitz,  5,000 

Lutheran 

52,000 

120,000 

720 

15 

Oldenburgh,  6,000 

Lutheran,  Catholic 

155,160 

1,650 

16 

Wiesbaden,  7,000 
Brunswick,  36,000 

Protestant,  Catholic 
Lutheran 

240,000 
252,000 

'  432,000 
320,000 

3,000 
2,100 

17 
18 

Gotha,  11,000 

Lutheran 

98,280 

280,000 

1,400 

19 

Meiningen,  5,000 

Lutheran 

77,560 

80,000 

1,270 

20 

Altenburgh,  10,000 

Lutheran 

61,040 

100,000 

1,030 

21 

Dessau,  10,000 

Calvinist,  Lutheran 

73,440 

82,760 

53C 

22 

Berneburgh,  5,000 

Calvinist,  Lutheran 

46,560 

82,760 

370 

23 

Koethen,  6,000 

Calvinist,  Lutheran 

33,080 

124,120 

320 

24 

Rudolstadt,  3,000 

Lutheran 

33,600 

37,761 

540 

25 

Sondershausen, 

Lutheran 

20,680 

12,200 

450 

26 

3,000 

Greitz,  6,000 

Lutheran        ;     .' 

14,480 

20,680 

200 

27 

Schleitz,  5,000 
Ebersdorf,  1,000 

Lutheran        1  •  •/  'f 
Lutheran 

13,440 
24,840 

£    72,400^ 

280 
260 

28 
29 

Detmold,  2,000 

Calvinist         ;     ^  , 

50,680 

72,400 

690 

30 

Buckeberff,  2,000 

Lutheran        '  j  .^''  , 

22,240 

41,361 

24( 

31 

Corbach,  2,000 

Lutheran 

41,360 

124,120 

520 

32 

Sigmaringen,  800 

Catholic          ;  •  .. 

31,040 

155,160'' 

320 

33 

Hechingen,  3,000 

Catholic          !  ,  < 

12,400 

51,720 

150 

34 

Liechtenstein,  700 

Catholic 

140,000 

312,000 

55 

35 

Homburgh,  3,000 

Calvinist,  Lutheran 

18,600 

46,560 

200 

3t> 

Francfort,  48,000 

Lutheran 

78,600 

827,440 

470 

37 

Bremen,  38,000 

Lutheran,  Calvinist 

41,360 

312,000 

380 

38 

Hamburgh,  112,000 

Lutheran 

224,000 

1,880,000 

1,300 

39 

Lubeck,  22,000 

Lutheran        1    . 

41,360 

360,000 

400 

40 

Kniphausen,  100 

Lutheran 

15,520 

1 

28 

41 

*  Of  this  number,  59  are  ships  of  the  line,  51  frigates,  and  213  inferior  vessels, 
t  3  ships  of  the  line,  8  frigates,  and  61  inferior  vessels. 
1  18  ships  of  the  line,  20  frigates,  and  50  inferior  vessels. 


608 


STATISTICS  OF  THE  WORLD. 


STATES  AND  TITLES. 

Surface 
in  Geogra. 
Sq.  Miles. 

Population. 

Reigning  Sovereign, 
or 
Head  of  Government. 

SOUTHERN  STATES. 

42  Republic  of  Andora  (Spain) 
'43  Republic  of  San  Marino 

144 
17 

15,000 
7,000 

Magis.  of  the  Repub. 
2  Quarterly  Chiefs 

44  Duchy  of  Massa       \^, 

71 

29,000 

Maria  Beatrice,  1814 

45  Duchy  of  Modena     .   . 

1,500 

350,000 

Francis  IV.,  1814 

| 

>I    46  Principality  of  Monaco 

38 

6,500 

Honorius,  1819 

fS 

•5  I  47  Duchy  of  Lucca       ..    .     , 

312 

143,000 

Charles,  1824 

i 

J  i  48  Duchy  of  Parma 

1,660 

440,000 

Maria  Louisa,  1814 

i 

£|     49  Grand  Duchy  of  Tuscany 
50  Kingdom  of  Sardinia  . 

6,324 
21,000 

1,275,000 
4,300,000 

Leopold  IL,  1824 
Feluc,  1821 

w 

51  State  of  the  Church     . 

13,000 

2,590,000 

Leo  XIL,  1823 

1 

52  Kingdom  of  the  Two  Sicilies 
53  Spanish  Monarchy 
Total  of  the  Spanish  Monarchy 
54  Portuguese  Monarchy 

31,800 
137,400 
214,400 
29,150 

7,420,000 
13,900,000 
17,988,000 
3,530,000 

Francis  L,  1825 
Ferdinand  VII.,  1808 

Miguel,  1828 

^ 

Total  of  the  Portuguese  Monarchy 

430,000 

5,607,000 

Ik 

NORTHERN  STATES. 

rm 

55  Monarchy  of  Sweden  and  Norway 
56  Danish  Monarchy 
Total  of  the  Danish  Monarchy 
57  British  Monarchy 

223,000 
16,000 
341,000 
90,948 

3,866,000 
1,950,500 
2,125,000 
23,400,000 

Charles  XIV.,  1818 
Frederic  VL,  1808 

George  IV.,  1820 

Total  of  the  British  Monarchy 
58  Russian  Empire 

4,557,598 
1,499,000 

140,450,000 
52,625,000 

Nicholas  L,  1826 

K 

Kingdom  of  Poland 

36,700 

3,900,000 

i 

Total  of  the  Russian  Empire 
59  Republic  of  Cracow 

5,912,000 
373 

60,000,000 
114,000 

[Wodxicky,  1824 
Count  Stanislaus,  of 

60  Ottoman  Empire 

155,000 

9,500,000 

Mahmoud  IL,  1808 

sS 

Total  of  the  Ottoman  Empire 

1,078,000 

25,000,000 

fiq^ 

61  Republic  of  the  Ionian  Isles 

754 

176,000 

Prince  Anthony  Co- 

ASIA. 

muto  (President) 

Surface  12,118,000  Geog.  sq.  miles.     Po- 

pulation 390,000,000  inhabitants.  ? 

62  Chinese  empire 

4,070,000 

170,000,000 

Tao  Kouang,  1820 

63  Empire  of  Japan 

180,000 

25,000,000 

Bounoaw,  1804 

64  Empire  of  An-nam 

270,000? 

14,000,000 

Minh  Mea,  1820 

65  Kingdom  of  Siam 

124,000? 

3,000,000 

Kroma  Chiat,  1824 

66  Birman  empire 
67  British  Indian  empire 

140,000 
849,650 

3,500,000 
114,430,000 

Madou  Tchen,  1818 

East  India  Company's  Territory 
East  India  Company's  Dependencies 

349,000 
485,000 

80,800,000 
32,800,000 

Lord  Wm.  Bentinck, 
1827,  Gov.  Gen. 

Island  of  Cevlon 

15,660 

830,000 

68  Kingdom  of  Sindia 
69  Kingdom  of  Nepaul 
70  Confederation  of  the  Sikhs 

29,760 
40,000 
66,000 

4,000,000 
2,500,000 
5,500,000 

Diunkadji  Rao.,  1827 
Bickram  Djah,  1816 
SonofRunjitSin.1827 

71  Triumvirate  of  Sindhy 

40,000 

1,000,000 

Son  of  Mir  Gholaum 

72  Kingdom  of  Cabaul 

172,000 

6,500,000 

Ali,  1812 

73  Confederation  of  the  Beloutchis 

110,000? 

2,000,000 

Mahomet,  1795 

74  Kingdom  of  Herat  (Eastern  Korassan) 

50,000? 

1,500,000 

76  Kingdom  of  Persia, 

350,000 

9,000,000 

Feth  Ali  Schah,  1796 

76  Khanate  of  Boukhara 

173,000 

2,500,000 

Mir  Batyr,  1827 

77  Khanate  of  Khiva  . 

145,000 

800,000 

Rhaman  Kouli  Khan, 

78  Khanate  of  Khokan 

100,000'? 

1,000,000? 

Emir  Khan       [1826 

79  Imanate  of  Yemen 

40,000? 

2,500,000? 

. 

80  Imanate  of  Mascate 

39,000? 

1,600,000? 

BidouEbnSaaf,1808 

81  Ottoman  Asia 

556,000 

12,500,000 

.                      „ 

82  Russian  Asia 

4,006,000 

3,445,000 

. 

83  Portuguese  Asia 

3,700 

500,000 

„                      , 

84  French  Asia 

400 

179,000 

• 

*  10  ships  of  the  line,  16  frigates,  30  inferior. 
i  12  ships,  13  frigates,  60  inferior. 


t  4  ships  of  the  line,  6  do.  37  do. 
«4do.  7  do.  18  do. 


STATISTICS  OF  THE  WORLD. 


Capital  Cities, 
with 
Their  Population. 

Principal  Religious 
Denominations. 

Revenue, 
£  sterling. 

Debt, 
£  sterling. 

Armies. 

Ships 

Andora,  2,000 

Catholic          j    . 

1  • 

1 

1 

42 

San  Marino,  4,000 
Massa,  7,000 
Modeua,  27,000 

Catholic          [    . 
Catholic 
Catholic 

2,800 
20,000 
140,000 

I    60,000? 

40 
100 
1,680 

44 

45 

Monaco,  1,000 

Catholic 

16,000 

? 

46 

Lucca,  22,000 

Catholic 

76,000 

1 

"  800 

47 

Parma,  30,000 

Catholic          .    . 

184,000 

180,000 

1,320 

4K 

Florence,  80,000 

Catholic 

680,000 

4,000 

4i) 

Turin,  114,000 

Catholic 

2,600,000 

4,000,000'.' 

26,000 

10 

50 

Rome,  154.000 

Catholic 

1,200,000 

24,000,000? 

6,000 

.   8? 

5). 

Naples,  364,000 

Catholic               .     . 

3,360,000 

20,000,000? 

30,000 

27? 

5" 

Madrid,  201,000 

Catholic 

4,320,000^ 

160,000,000 

50,000 

56* 

5!J 

Lisbon,  260,000 

Catholic 

2,163,8-10 

6,400,000 

26,630 

47t 

54 

Stockholm,  78,000 

Lutheran 

1,680,000 

8,000,000 

45,200 

85* 

S5 

Copenhagen  109,000 

Lutheran 

1,600,000 

10,800,000 

38,820 

29§ 

5', 

London,  1,350,000 

Protes'nt,  Episcopalian, 

62,306,214 

777,476,893 

102,280 

60611 

5; 

[Ya\ 

Pres.,  Catholic 

St.  Peteraburgh, 

Greek,  Catholic,  Luthe- 

16,000,000 

52,000,000 

1,039,000 

130TT 

5S 

[3X0,000? 

eran,  Mahometan 

Cracow,  26,000 

Catholic          |  .    . 

34,440 

1 

80 

5'J 

Constantinople, 

Greek,  Mahometan 

10,000,000 

4,000,000 

278,000 

285** 

6') 

$00,000? 

Corfu,  14,000 

Greek 

146,240 

1 

1,200 

? 

61 

Pekin,  1,300,0001 

(  Budhists,  discip.  of  > 
(     Confucius,  &c.      $ 

30,000,000? 

•fx| 

914,000 
]  SOOOOOw 

Ij 

62 

Jeddo,  l^OO.OOO1? 
Phuxuan,  100,000? 

Lintorist,  Budhist 
Budhist 

12,000,000 
3,600,000 

120,000 
80,000 

•> 
150? 

615 

64 

Bancock,  90,000? 

Budhist 

1,600,000? 

80,000w 

? 

6^ 

New  Ava,  50,000? 
Calcutta,  500,000? 

Budhist 
Brah.,  Mah.,  Nanckist 

1,800,000? 
21,089,440 

30,000,000  •> 

150,000w 
120,000 

18 

6'. 
87 

Ougcin,  100,000? 

Brahman,  Mahometan 

1,040,000 

20,000 

68 

Katmandou,  12,000? 

Brahm.  Boud.,  Lam. 

520,000 

17,000 

69 

Amretsir,  40,000 

Nanckist,  Brah.,  Mah. 

2,000,000 

250,000w 

7<l 

Heider  Abad,  15,000 

Mahometan,  Brahman 

520,000 

50,000w 

7: 

Cabaul,  80,000 

Mahometan,  Brahman 

1,800,000 

150,000w 

72 

Kelat,  20,000 

Mahometan     " 

40,000 

150,000w 

73 

Herat,  100,000 

Mahometan 

320,000? 

8,000 

74 

Teheran,  150,000 

Mahometan 

3,200,000 

80,000 

75 

Boukhara,  80,000? 

Mahometan 

480,000 

25,000 

71! 

Khiva,  10,000 

Mahometan 

? 

lOO.OOOw 

77 

Khokhan,  60,000? 

Mahometan 

1 

100,000w 

78 

Szanna,  20,000 

Mahometan 

480,000? 

.     -  fcutri 

5,000? 

70 

Mascatc,  60,000 

Mahometan 

160,000? 

1,000 

34 

SO 

Koutahich,  50,000 

Mah.,  Armenian,  Greek 

SI 

Tobolsk,  25,000 

Greek,  Mah.,  Fetichist 

'•  .vA 

•• 

82 

Goa,  18,000 

Catholic 

*v  -4  1    -1 

s3 

Pondicherry,  40,000 

Brahman,  Catholic 

• 

>  ,'  '        ,  w  ;-  • 

• 

1 

II  165  ships,  117  frigates,  324  inferior.  IT  50  do.  30  do.  50  do.  **  Before  the  Battle  of 

rvararino.          (&)  This  is  an  estimated  increase  upon  tfce  returns  of  1821. 


77 


610 


STATISTICS  OF  THE  WORLD. 


STATES  AND  TITLES. 

Surface 
in  Geogra. 
Sq.  Miles. 

Population. 

Reigning  Sovereign, 
or 
Head  of  Government 

AFRICA. 

Surface  8,5  16,000  Geographical  sq.  miles. 
Population  60,000,000  inhabitants. 

[1822 

85  Empire  of  Morocco 

130,000 

4,500,000 

Mulei  Abderrahman, 

86  Algiers    ..... 

70000 

1,500,000 

Houssan,  1818 

87  State  of  Tunis 

40,000 

1,800,000 

Sidi  Hassan,  1824 

88  State  of  Tripoli 

208,000 

660,000 

Yousof,  1795 

89  Kingdom  of  Tigre 

130,000 

1,500,000? 

• 

90  Kingdom  of  Amharra    . 

48,000? 

1,000,000? 

91  Empire  of  Bornou  . 

100,0001 

2,000,000? 

Schumin  el  Kanemy 

92  Empire  of  the  Felatahs  . 

120,0001 

3,000,000? 

Bello       . 

93  Kingdom  of  Upper  Bambara 

50,000? 

1,500,000? 

94  Republic  of  Fouta  Toro 

15,000? 

700,0001 

'.  i  . 

95  Empire  of  Ashantee 

100,0001 

3,000,000? 

f 

96  Kingdom  of  Dahomey    .        . 

40,000? 

900,000? 

.... 

97  Kingdom  of  Benin          ... 

63,000? 

1,500,000? 

. 

98  Kingdom  of  Changamera 

70,000? 

840,000? 

Changamera          . 

99  Kingdom  of  Madagascar 
100  Ottoman  Africa       .        . 

100,000? 
367,000 

2,000,000? 
3,000,000 

Radama 
Mahomet-Aly,  1805 

101  Portuguese  Africa          .       . 

389,000 

1,440,000 

... 

102  English  Africa 

91,000 

270,000 

. 

103  Spanish  Africa        .        •   j    •      N<»  ^ 

2,430 

208,000 

104  French  Africa        .        , 

3,000? 

135,000 

. 

AMERICA,  or  the  New  World. 

Surface  11,046,  000  Geographic,  sq.  miles. 

'  Population  39,000,000  inhabitants. 

105  Empire  of  Brazil    .... 

2,313,000 

5,000,000 

Don  Pedro,  1822 

106  United  States  of  North  America    . 

1,570,000 

11,600,000 

John  Q,uincy  Adams, 

1828,  President 

107  United  States  of  Mexico 

1,242,000 

7,500,000 

Gua.  Victoria,  1825,P- 

108  United  States  of  Central  America 

139,000 

1,650,000 

D.M.JoseArcel825,P. 

109  Republic  of  Colombia    . 

829,000 

2,800,000 

SimonBolivarl826,P- 

110  Republic  of  Peru    .... 

373,000 

1,700,000 

Jose  deLamarl827,P. 

Ill  Republic  of  Bolivia        .        .        . 

310,000? 

1,300,000 

AntonioJosedeSucre. 

1825,  Pres.    [V.  P. 

112  Republic  of  Chili    .... 
1  1  3  United  States  of  Rio  de  la  Plata    . 

129,000' 
683,000 

1,400,000 
700,000 

Fran.Ant,Pinto,1827, 
JuanLavalle,1828,  Gr 

114  Republic  of  Hayti          ... 

115  Directorate  of  Paraguay     |<'.        .' 

22,100 
67,000 

950,000 
250,000? 

Boyer,  1820,  Pres. 
Francia,1809,Directr 

1  16  English  America    .... 

1,930,000? 

2,290,000 

117  Spanish  America    .... 

35,400 

1,240,000 

118  French  America     .       .    I  .y.o/jM/  j 

30,000? 

240,000 

119  Danish  America     .... 

324,000? 

110,000 

9 

120  American  Netherlands  . 

30,000? 

114,000 

121  Russian  America   .... 

370,000? 

50,000 

AUSTRALASIA. 

Surface  3,100,000  Geographic,  sq.'miles. 

Population  20,300,000  inhabitants. 
122  Kingdom  of  Siak  (Sumatra) 

20,000? 

600,000? 

1  23  Kingdom  of  Acheen,  (Sumatra) 

16,600? 

500.000? 

124  Kingdom  of  Borneo 

20,000? 

260,000? 

126  Kingdom  of  Solou         !.       . 

11,000? 

300,000? 

126  Kingdom  of  Mindanao  . 

12,000? 

360,000? 

127  Kingdom  of  Sandwich  Islands 

6,100 

130,000 

Kaukianti,  18  4 

128  Java,  Sumatra,  &c.  (Dutch)  . 

203,000 

9,360,000 

129  Philippine.  Islands,  &c.  (Spanish) 
130  Australia,  .or  New  Holland     . 

39,000 
1,496,000 

2,640,000 
60,000 

1  31  Island  of  Timor,  (part  ofj)  Portuguese 

8,000 

137,000 

STATISTICS  OF  THE  WORLD. 


611 


Capital  Cities, 
with 
Their  Population. 

Principal  Religious 
Denominations. 

Revenue, 
',£.  sterling 

Debt, 
£  sterling. 

Armies. 

Ships. 

Mequinez,  70.000 

Mahometan 

890,000 

36,000 

15 

1  85 

Algiers,  50,^ 

Mahometan 

160,000 

20,000 

25 

86 

Tunis,  100,000 

Mahometan 

280,000 

6,000 

18 

87 

Tripoli,  15,000 
Chdicut,  8,000? 

Mahometan 
Copt 

80,000 

4,000 
48,000 

17 

83 
89 

Gondar,  40,000? 

Copt 

25,000 

90 

Bornou,  30,000 

Petichiat,  Mahometan 

70,000 

91 

Sakkatou,  80,000? 

Petichist,  Mahometan 

100,000 

92 

Sego,  30,000 

Mahometan,  Fetichist 

. 

93 

Tjfloga?,  4,000? 

Mahometan,  Fetichist 

94 

Couinassie,  15,000 

Petichist 

100,000 

95 

Abomey,  24,000 

Fetichist 

30,000 

96 

Benin,  60,000? 

Petichist 

50,000 

97 

Zimbaoe 

Petichist 

30,000 

98 

Erairne,  30,000 

Pctichist,  Mahlmetan 

30,000 

99 

Cairo,  260,000 

Mahometan 

100 

St.  Paul  de  Loanda 

Fetichist,  Catholic 

101 

The  Cape,  18,000 

Calvinist,  Cath.,  Ch.  of 

t 

102 

England,  Fetichist 

Ceuta,  7,000 

Catholic 

.'"•«.  „. 

103 

FortSt>.Louis,10,000 

Mahometan.  Catholic 

104 

[140,000? 

Rio  de  Janiero 

Catholic 

2,500,000 

9,320,000 

30,000 

101 

105 

Washington,  15,000 

Congregational,  Presb., 

5,539,600 

15,836,000 

5,779 

38* 

106 

[(a) 

Ep.,  Lu.,  Cath.,  Meth. 

Mexico,  180,000  J 

Catholic 

2,950,280 

20,340,000 

22,750 

16 

107 

NewGuatem.40,000 
Bogota,  30,000 

Catholic          .     .  , 
Catholic 

400,000 
1,712,000 

380,000 
9,160,000 

3,500 
32,370 

2 
17 

103 
109 

Lima,  80,000 

Catholic 

1,200,000 

5,899,520 

7,500 

7 

110 

La  Plata,  25,000? 

Catholic           ^^. 

440,000 

640,000 

? 

111 

Santiago,  50,000 

Catholic 

600,000 

6,440,000 

8,000 

6 

112 

BuenosAyres,  80,000 

Catholic 

600,000 

5,360.000 

10,000 

16 

113 

Port-au-Prin.30,000 

Catholic 

1,200,000 

6,000,000 

45,000 

6 

114 

Assumption,12,000? 

Catholic 

200,000 

5,000 

2 

115 

Quebec,  22,000 

2h.  of  Eng.,  Cal.,  Cath. 

116 

Havana,  130,000 

Catholic 

117 

Fort-Royal,  9,000 
Reikiavik,  500 

Catholic 
-utheran 

118 
119 

Paramaribo,  20,000 

Calvinist 

120 

St.  Paul,  600 

•"etichist 

121 

Siak,  8,000?  [15,000? 

Vlahometan 

122 

Telosancaouay 

Mahometan 

123 

Borneo,  15,000? 

Vlahometan 

24 

B«van,  6,000 

Mahometan 

125 

Selangan,  10,000 

Vlahometan 

26 

Hanarura,  6,000? 

i'etichist,  Methodist 

• 

11? 

27 

Batavia,  46,000 

Mahometan 

28 

Manilla,  140,000 

Catholic,  Mahometan 

* 

29 

Sydney,  10,000 

Ch.  of  En.,  Pres.,  Cath. 

V 

30 

Dille,  2,000 

Catholic,  Fetichist 

31 

(a)  Washington  is  the  seat  of  government  of  the  United  States,  and  ia  therefore  the  nominal  ca- 
pital.   The  capitals  of aeveraj  of  the  individual  states  are  superior  in  population  and  important. 
*  7  ships  of  the  line,  12  fricates,  19  inferior. 


ANNUAL  REGISTER,  1827-8-9. 


•SHIUQ 
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In  1815,  Annuities  were  created  to  the  amount  of  3,083,621f.,  equal  to  102,787,3347.  of  3  per  cent  Stock,  for  which  only  52,381,7867. 
f  Paper  Money  was  received,  being  at  the  rate  of  only  521.  7s.  2d.  of  Money  received  for  every  IQQl.  of  Stock  created. 
No  Annual  consecutive  Return  of  Parochial  Assessment  prior  to  1812.  In  1803,  the  Amount  was  5,348,204/.,  the  Annual  Average  ot 
ie  2  years  1783—5,  2,167,758?,;  for  the  year  1776,  1,720,316?.;  and  the  annual  average  of  theyears  1749—  50,730,135{,  _ 

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BRITISH  STATISTICS. 


REVENUES-,  EXPENDITURES,  FINANCE,  TRADE,  AND 
MANUFACTURES  OF  GREAT  BRITAIN. 


AN  ACCOUNT  of  the  ORDINARY  REVENUES,  and  EXTRAORDINARY  RESOURCES, 
constituting  the  Public  Income  of  the  UNITED  KINGDOM  OF  GREAT  BRfTAIN  and 
IRELAND,  for  the  Year  ended  5th  January,  1838. 


Total    Payments 

HEADS  OF  REVENUE. 

Total  Income 
including 

out  of  the  income 
in  its  progress  to 

Payments  into 
the  Exchequer. 

Balances. 

the  Exchequer. 

ORDINARY  REVENUES. 

£ 

Oi>  X*  1)  *"~,J 

£ 

£ 

17  894  4(T5 

Excise         -       -       - 

.*,'»...  i  *  ' 

1   e-to  "7Qn 

7J298^894 

l.ulo,  lOU 

191,557 

6}811,'226 

Taxes,  under  the  management  of  the  Commis- 

sioners of  Taxes      ------ 

5,186,874 

f315,850 
742  404 

4,768,273 
1  463  000 

One  Shilling  in  the  Pound,  and  Sixpence  in  the 

1    *          ' 

Found,  on  Pensions  and  Salaries,  and  Four 

Shillings  in  the  Pound  on  Pensions  -       -       - 
Hackney  Coaches,  and  Hawkers  and  Pedlcrs 

66,960 
72,631 

1,447 
9,765 

62,409 
02,689 

Crown  Lands      -----.. 

341,803 

264,846 

Small  branches  of  the  King's  hereditary  Revenue 
Surplus  Fees  of  regulated  Public  Offices 

12,973 
65,995 

3,214 

4,973 
65,995 

Poundage  Fees,  Pells  Fees,  Casualties,  Treasurv 

Fees,  and  Hospital  Fees          - 

9,896 

9,890 

Totals  of  Ordinary  Revenues 

56,955,271 

5,268,486 

49,581,57H 

'  ,..*  The  gross  Receipt  has  been  collected  at  an 

Average  of  6/.  15  9£  per  1WI. 

OTHER  RESOURCES. 

Money  received  from  the  East  India  Company, 

on  account  of  retired  Pay,  Pensions,  &c.of 

His  Majesty's  forces,  arriving  in  the  East  In- 

dies, per  Act  4  Geo.  IV.,  c.  71         - 

60,000 

60,000 

From  the  Commissioners  for  the  Issue  of  Ex- 

chequer Bills,  per  Act  57  Geo.  III.,  c.  34,  for 

the  employment  of  the  Poor    -        -        -       - 
Money  received  from  the  Trustees  of  Naval  and 

272,877 

272,877 

Military  Pensions     -        .       -       -       -    '  - 
On  account  of  advances  made  by  the  Treasury, 
for  improving  Post  Roads,  for  building  Gaols, 
for  the  Police,  for  Public  Works,  employment 

4,245,000 

4,245,000 

of  the  Poor,  &c.  tc.       - 

172,983 

172,983 

Imprest  Moneys,  repaid  by  sundry  Public  Ac- 
countants, and  other  Moneys  paid  to  the  Public 

378,788 

378,788 

Money  brought  from  the  Civil  List,  on  account  of 

the  Clerk  of  the  Hanaper        -       -       -       - 

2,500 

2,500 

Repayment  on  account  of  Money  advanced  out 
of  the  Consolidated  Fund,  in  the  year  1825, 

190  G3>* 

From  the  Bank  of  England,  on  account  of  Un- 

' 

claimed  Dividend*           - 

19,158 

19,156 

62,306,214 

5,2ffl,486 

54,932,518 

ABSTRACT  of  the  NET  PRODUCE  of  the  REVENUE,  «f  GREAT  BRITAIN,  in  the  years  ended 

on  the  10th  of  October,  1897,  and  the  10th  of  October.  1828. 

Customs 

Excise 

Stamps 

Post  Office    - 

Taxes 

Mi*cfi!laneous 


1827.            |           1828. 

Increase. 

Decrease. 

16,403,142 
17,210,548 
6,349,576 
1,  43*5,00(1 
4,756,786 
676,629 

J  6,358,  170 
17,905,978 
6,575,318 
1,387,000 
4,836,464 
556,171 

695,430 
225,742 

79,678 

44,97-J 

49,000 
120,458 

46,832,631 
Deduct  Deere 
Increase  on  th 

47,619,101 
ue    

1,000,850 
214,430 

(214.430 

a  Year  .... 

7S6.420 

614 


ANNUAL  REGISTER,  1827-8-9. 


AN  ACCOUNT  OF  THE  NET  PUBLIC  EXPENDITURE  OP  THE  UNITED  KINGDOM. 


EXPENDITURE.                                              NET  EXPENDITURE. 

Dividends,  Interest,  and  Management  ol 
the  Pub!  i  •  Funded  Debt,  (exclusive  ol 
5,704,7061.  13s  KM.  issued  to  the  Com- 
missioners for  the  Reduction  of  the 
National  Debt,)  4  quarters,  to  Oct.  10. 
1827      

£.      s.   d. 

27,366,601    7    0 
873,246  12    3 

£       «.    d. 
\ 

TruBteeti   for  Naval  and   Mil.  Pension 
Money,  per  Act  3  Geo.  IV.,  c.  51 
Ditto  Bank  of  England  ditto,  4  Geo.  IV.. 
c.  22    . 

.    .    . 

2,214,260    0    0 
585,740    0    0 

2,800,000   0   0 

2,472,418    7    9 
19,069,06011    71-5 
229,311    1    3 

Civil  List,  4  Quars.,  to  Jan.  5,  1828 
Pensions,  ditto,  to  Oct.  10,  1827      . 
Salaries  and  Allowances,  ditto 
Courts  of  Justice,  ditto   .... 

1,057.000    0    0 
365,908  15    1  1- 
180,896    1    51- 
148,047    8    71-4 
14,750    0    0 
2,956  13    8 
245,459    9  1  1 
303,199  19    0 

254,200    0    0 

Mint,  ditto       

Miscellaneous,  ditto        .... 

Ditto  Ireland,  ditto          .... 

For  the  purchase  of  the  Duke  of  Athol's 
Interest  in  the  Public  Revenues  of  the 

134,200 
120,000 

Advanced  towards  rebuilding   London 
Bridge,  per  Aet  7  Geo.  IV.  c.  40 

7,876,682    8    21-2 
6,414,727    4    0 
1,914,403    0    0 
2,863,247  19    5 

Navy       .... 

Miscellaneous          .... 

193,044    0    0 
36,267    1    3 

Bank  of  England  for  Discounting  and 
Management    in     the     Funding     of 
8,000,0002.  Exchequer  Bills 

By  the  Commis.  for  issuing  Exchequer 
"Bills,  per  Act  3  Geo  IV.,  c.  86,  for  the 

.    .    . 

551,900    0    0 
437,753  19    9. 

52,810,637  19  101-2 
989,653  19    9 

.Advances  out  of  the  Consolidated  Fund 
in  Ireland,  for  Public  Works 

Surplus  of  Inc< 

me  over  Expenditure       . 

53,800,291  19    71-2 
1,132,226  14    21-2 

54.932,518  13  10 

SUMS  PAID  FOR  INTEREST  ON  EXCHEQUER  BILLS. 


•  *jl  '         1  1' 

"c? 
Interest  on  Exchequer  Bills  issued  upon 
the  credit  of  Consolidated  Fund 
Interest  on  Exchequer  Bills  issued  upon 
tke  credit  of  Duties  on  Sugar,  &c.  . 
Interest  on  Exchequer  Bills  issued  upon 
the  credit  of  the  Aids,  1827    .     .    . 

Payment  for   one 
Year, 
to  5th  Jan.  1828. 

Estimated   charge 
upon  Consolidated 
Fund  for  one  year, 
to  5th  Jan.  1828. 

£        s.    d. 
71,060    7    4 

29,369  15  11 
772,816    9    0 

£        s.    d. 
72,510    2    1 

K73.246  12    3 

72,510    2    1 

BRITISH  STATISTICS. 


610 


NET  PRODUCE  of  CUSTOMS  in  GREAT  BRITAIN. 


List  of  Articles.                                                                             Net  Produce; 
Duties  inwards                 .  "         .'          .            .'•       .            £16,914,657  19  Hi 
"      outwards         ......               118,085  17     5i 
"      coastways            .'.  .     '    .            .            .            .                     822,305    5    2 

Canal  and  Dock  Duty                  .... 
Duties  collected  at  the  Isle  of  Man               .»•         .           .. 
Remittances  from  the  Plantations           .  i         » 
Proceeds  of  Goods  sold  for  the  Duties          .            .           .,  ; 
Rent  of  Legal  Quays,  Warehouse  Rent,  Wharfage,  &c. 
Interest  on  Money  advanced  to  the  Corporation  of  Liverpool, 
for  building  Tobacco  Warehouses        .            .            . 
Principal  Money  repaid  by  them,  in  part  of  the  said  Loan 
Repayment,  by  Treasury  order,  of  duty  charged  on  Lead,  the 
produce  of  the  Mines  of  Scotland 
Surplus  Receipt,  on  account  of  Fines  and  Seizures,  indepen- 
dently of  Legal  Expenses               .            .            .            . 
Proceeds  of  Surcharges,  Sale  of  Old  Stores,  &c. 

Total 
Total  of  Produce  of  CUSTOMS  IN  IRELAND            . 
'  i 

17,855,049    2    6* 
46,931  10    3 
18,337  15     If 
13,365  14    5 
974     1    2f 
17,989  14    8i 

467  12    5 

4,532    8    2 

'i         n      » 

5,338    7    7i 
5,788    6    9i 

17,968,774  13    3i 

1,976,498    7    2* 
RITAIN. 

Net  Produce. 
£265,944  15    9| 
3^04,389  12  11  f 
368^38  14    4i 
485,349  17  Hi 
26,837  16    5 
598,033  11     li 
342,792  12    4| 
441,463    2    0 
673,096  11    .8* 
3,109,807  12    5| 
622,559     8    2 
662,141  16     H 
1,199,409  18    0| 
2,834,742    8    6$ 
84,897    4    6 
3,362    0    3 
3,472  15  10i 
3,263,202    5    7| 
24,170    5    2| 

n           n      « 

NET  PRODUCE  of  the  EXCISE  in  GREAT  B 

Articles. 

Auctions           .     /    .           .       .'.  ; 
Beer                        .            .           ".            * 
Bricks  and  Tiles           .  •          .            .           .           .           _.  _ 
Candles       .            .            ,       ^  .'..'*  •-••  . 
Cider  and  Perry        '».'.'.       .           .            .          .,••  * 
Glass          .    "       .         >  '     ••  ,.  v  ,;rt  ',       .        .,;i..n 
Hides  and  Skins           .            ._     ^  ••'.."     '.'•'•'.     .*  '••..      ...  ». 
Hops            .            .            .       *    .    •       .  ^        .       "    .   . 
Licenses            .            .       i"'«-         .         '.    .  J.   «         ". 
Malt            .            
Paper                .......',' 
Printed  Goods         .            .            .           .            .           V 
Soap                 .            .            .            .            .        -  .        -  . 
Spirits,  British        .            .            .            .          V    !       • 
Starch               .            .            .            .            ,.".,. 
Stone  Bottles          .            .            .            .           •.           ;'   ; 
Sweets  and  Mead         ....       U'~t    .  .    '.    ' 

Vinegar            .... 
Wire           

Consolidated  Duties 

Payments  on  Articles  on  which  there  hag  not  been  any  Receipt,  viz.— 
Wine        .       *'  .            .         )  f.   , 
Wire  (above  the  Receipt,)       ]  Ued 

Fines  and  Forfeitures 
Total               .-, 
Total  EXCISE  IN  IRKI.  A  sn          ;t 

18,214,212    9    6j 
83  18  10| 

18,214,128  10    8 
24^.82    3    7i 

18^39,010  14    3i 

1,754.215  13    6-f 

610 


ANNUAL  REGISTER,  1827-8-9. 


NET  PRODUCE  of  STAMPS  IN  GREAT  BRITAIN. 

Deeds,  Law  Proceedings,  and  other  written  instruments,  (except  £.        $.  d. 

asunder)                  .           .            .           V          .           .  1,901,892    1    0| 

Legacies               ...                                    .            .  1,030,341  10    2 

Probates,  Administrations,  and  Testamentary  Inventories     .  809,202    0    6 

Bills  of  Exchange  and  Promissory  Notes             .            .             .  678,654    4    5 

Receipts         .......  202,804    5    0 

Newspapers  and  Supplements,  and  papers  for  Advertisements  371,038    1  11 

Almanacs            .......  28,852    5    3 

Medicine,  and  Medicine  Licenses       .            .            .            .        .  39,116  10    3£ 

Fire  Insurances              .  .          .            .            i-oil       r           .  683,940  13    6" 

Cards               ,           .            .,£       .            .            .            .  20,563    2    6 

Gold  and  silver  plate  and  licenses            ....  97,125    7  10i 

Dice,  1,020  0  0 ;   Pamphlets,  1,634  2  3     \            .            .  2,654    2    3 

Advertisements               .            .       at  rstfi '  '  t, « . .  .        .            ,  152,352    811 

Stage  Coaches            *&       .           v           .            .            .•  394,469  18  1  If 

Post  Horses         |.-.".       ..            .         .  . "'.        .            .            .  225,864    5    0 

Race  Horses               ......  1,481  18  Hi- 
Penalties  in  law  proceedings  and  costs  received                 .            .  9,396    0    7 

Total            .            .  6,549,748  17    2 

Total  of  STAMPS  IN  IRELAND      .            .         /'.'"'       .            .  470,757    6  10} 


NET  PRODUCE  of  the  TAXES  in  GREAT  BRITAIN. 
Land  tax,  on  lands  and  tenements      ;fc-j!    -f$,  ,    ,   ^  $       ,     £1,188,428    9    9 
Windows  ... ...    ;•       .  .  .  .  .  1,151,073  17    5y 

Inhabited  houses  .  .  .  .  .         1,266,529    9    94 

Servants :*.  .  272^34    3  11 

Carriages .  .  "        331,891    2  11 

Horses  for  riding          .......    341,832    5    7 

Other  horses  and  mules  .....  59,997    5    3 

Dogs         .  .  .  .  .  -.    '  183,161     1    Oi 

Horse  dealers,  16,676  5  0 ;  hair  powder,  21,129  26         .  .      37,805    7    6 

Armorial  bearings        .......       50,292  10    0 

Game  duties         .  .  .  .  .  .  .        159,372  18    8 

Composition  duty         .  .  .  .  .  .•,  ;         31,442  18    8 

Penalties  on  arrears,  levied  by  Barons  of  Exchequer,  Scot.  ,  *;          681  15    4 

5,074,743    5  101 
Property  duty        .         ,.  .  .  .        .         •  ^  '          8,971    5    2~ 

Total     .        '  »    '       .  .  5,083,714  lf~0^ 

Total  of  TAXES  IN  IRELAND  .  .  .        ..'.-"      2,226    2    7? 


NET  PRODUCE  of  POST  OFFICE,  GREAT  BRITAIN. 

Unpaid  letters  outwards,  and  paid  letters  inwards,  and  ship  letters,        Net  Produce. 

&c.,  charged  on  country  postmasters.  .*.  , 

Unpaid  letters  inwards,  and  paid  letters  outwards        .  . 

Two  penny  and  penny  post  letters    .  '"'  ;'  . 

British  postage,  &c.,  collected  in  Ireland  .         vjlff'-  .   >  j 

Letters  charged  on  the  postmasters  in  the  colonies  .  . 

Foreign  letters  ....  . 

Passage  money,  and  freight  of  specie,  by  the  packets         .  . 

Miscellaneous    .  .  .  .  .  j.  . 

Total          .  il       . 

Total  of  POSTAGE  FOR  IRELAND  .         ..  197,907  16    94 


£,.  s.  d. 

1,630,891  9  7 

122,811  4  0 

26,767  8  4 

42,97417  1 

118,746  911 

1      46,095  8  7 

4,162  9  5 

1,992,449  7  0 


BRITISH  STATISTICS. 


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BRITISH  STATISTICS. 


(J19 


Number  of  Vessels  that  belonged  to  the  Ports  of  the  British  Empire,  on  the 
31st  December,  1825, 1826,  and  1827,  respectively. 


*'J.  Kingdom 
Island*  Guernsey, 
Jersey  &  Man    - 
Brit  Plantation! 

Total    -     - 

On  the  31st  December,  1825. 

On  the  31st  December,  1826. 

On  the  31st  December,  1827. 

Vessels,  j  Tons. 

Men. 

Vessels. 

Tons. 

Men. 

Vessels. 

Tons 

Men. 

20,087 
|       508 
3,579 

24,174 

2,298,836 
28,505 
214,875 

146,703 
3,773 
15,059 

20,469 
499 
3,657 

2,382,069 
29,392 
224,183 

149,894 
3,665 
14,077 

19,035 
489 
3,675 

2,150,605 
30,533 
279,362 

130,494 
3,701 
17,220 

2,542,216 

165,535 

24,625 

'2,635,644 

167,636 

23,199 

2,460,500 

151,415 

Number  of  Vessels  entered  inwards,  and  cleared  outwards,  at  the  several 
Ports  of  the  United  Kingdom,  during  the  three  years  ending  5th  January, 
1828. 


Years 
ending 
5th  Jan. 

British  and  Irish  Vessels. 

Foreign  Vessels. 

Total 

Vessels. 

Tons. 

Men. 

Vessels. 

Tons. 

Men. 

Vessels. 

Tons. 

Men. 

Entered  5  i^S 
inward..  \  «g 

13,503 
12,473 
13,133 

2,143,317 

1,950,630 
2,086,898 

123,028 
113,093 
118,680 

6,981 
5,729 
6,046 

959,312 
694,116 
751,864 

52,722 
39,838 
43,536 

20,484 
18,202 
19,179 

3,102,629 
2,644,746 
2,838,762 

175,750 
152,931 
162,216 

Cleared   $  {®*> 
outwards}  «g 

10,843 
10,844 
11,481 

1,793.842 
1,737,425 

1,887,682 

109,657 
105,198 
112,385 

6,085 
5,410 
5,714 

906,066 
692,440 
767,821 

47,535 
37,305 
41,598 

16,928 
16,254 
17,195 

2,699,908 
•2,429,865 
2,655,503 

157,192 
142,503 
153,983 

Tennage  and  number  of  men  employed  in  the  Coasting  Trade  of  the  United 
Kingdom,  for  the  years  ending  5th  January  ;  including  the  Cross  Channel 
Trade  between  Great  Britain  and  Ireland. 


Years. 

Inwards. 

Outwards. 

Tonnage. 

Men. 

Tonnage. 

Men. 

1826  

1827        -    - 

8,408,211 
8,466,255 
8,329,099 

493,411 
488,038 
504,626 

8,269,399 
8,791,062 

8,777,021 

484,909 
513,959 
513,109 

1828  ------ 

Number  of  Vessels  Built  and  Registered  in  the  British  Empire,  in  the 
years  ending  5th  January,  1826, 1827,  and  1828. 


18 

26. 

18 

27. 

IS 

28. 

Vessels 

Tonnage. 

Vessels. 

Tonn.-ige. 

Vessels. 

Tonnage. 

United  Kingdom    -    -    -    -    - 
Islands  Guernsey,  Jersey,  &  Man 
British  Plantations     -    -    -    - 

975 
28 
536 

122,479 
1,550 
80,895 

1,115 

24 

580 

118,363 
2,171 
86,554 

894 
17 
374 

93,144 
1,894 
50,771 

Total    -    - 

.—                    — 

1,539 

204,924 

1,719 

207,088 

1,285 

145,809 

Jfote.— From  1814  to  1887, 272  Steam  Vessels  were  built  »nd  registered. 


ANNUAL  REGISTER,  13-27-8-9. 


FOREIGN  TRADE  OF  GREAT  BRITAIN. 

An  Account  of  the  Value,  as  calculated  at  the  official  rates,  of  all  Import? 
into,  and  of  all  Exports  from  Great  Britain,  during  each  of  the  three  years 
ending  the  5th  January,  1828;  stated  exclusive  of  the  trade  with  Ireland. 


Years 
ending  5th 
January. 

Value  of  Imports 
into  Gruat  Britain 
calculated  at  the 
official    rates    of 
valuation. 

.      Value  of  Exports  from  Great  Britain,  calcu- 
lated at  the  official  rates  of  valuation. 

Value  of  the  Pro- 
duce and  Manu- 
factures of  the 
United  Kingdom, 
Exported  from 
Great  Britain,  ac- 
cording to  the  real 
and  declared  va. 
iue  thereof. 

Produce  and  Ma 
nufuctures  of  the 
United  Kingdom. 

Foreign  and  Co- 
lonial   Merchan- 
dise. 

TOTAL, 
EXPORTS. 

1896    - 
J8-i7    - 
1828    - 

£.        t.  d 

42,660,954    8    4 
36.038,951    9    1 
43,4r!7,747    7    7 

£          t.  d. 
46,453.021  17    1 
40,332.854    0    6 
51,270,448    4    8 

jf.         s.  d. 
9,155,305    5    0 
10,066,502  12  11 
9,800.247  10  11 

£.         a.  d. 
55,608,327    3    1 
50,399,356  13    5 
61,082,695  15    7 

ju.         a.  d. 
38,077,330    9    0 
30,5*47,528    1    7 
36,396,330    6    8 

TRADE  OF  THE  UNITED  KINGDOM. 

An  account  of  the  value  of  all  Imports  into,  and  of  all  Exports  from,  the 
United  Kingdom  of  Great  Britain  and  Ireland,  during  each  of  the  three 
years  ending  5th  January,  1828,  calculated  at  the  official  rates  of  valuation, 
and  stated  exclusive  of  the  trade  between  Great  Britain  and  Ireland  re- 
ciprocally. 


Years 
ending  5th 
January. 

Value  of  Imports, 
calculated  at  the 
official  rales  of 
valuation. 

Value  of  Exports,  calculated  at  the  official  rates  of 
valuation. 

Value  of  the  Pro- 
duce and  Manu- 
factures   of    tlie 
United  Kingdom, 
exported     there- 
from,    according 
to  the  real  and  de- 
clared value 
thereof. 

Produce  and 
manufactures  of 
the  United  King- 
dom. 

Foreign  aad 
Colonial 
Merchandise. 

Total  Exports. 

1826     -    - 
1827      -    - 
1828      -    - 

£     t.  d. 
44,208,807    6    5 
37,686,113  11    7 
44,887,774  19    2 

jf        s.  d. 
47,150,689  13  11 
40,965,735  19    9 
52,919,280    8    0 

£         »•    d. 
9,169,494    8    3 
10,076,286  11    5 
9,830,728    2  11 

£        s.   d. 
56,320,184    1    2 
51,042,022  11    2 
62,050,008  10  11 

£        *.    d. 

38,870,945  11  11 
31,536,723    5    2 
37,182,857    3    2 

TRADE  OF  IRELAND. 

An  Account  of  the  Value  of  all  Imports  into,  and  of  all  Exports  from  Ireland, 
during  each  of  the  three  years  ending  the  5th  January,  1828,  (stated  exclu- 
sive of  the  trade  with  Great  Britain.) 


Years 
ending  5th 
-  muary. 

Value  «f  Imports 
into  Ireland,  cal- 
culated at  the  offi 
cial  rates  of  Va- 
luation. 

Vtilne  of  Exports  from  Ireland,  calculated  al  the 
official  rates  of  Valuation. 

Value  of  the  Pro- 
duce and  Manu- 
factures of     tilt 
United  Kingdom, 
exported  from  Ire- 
land, accord  ing  to 
the  real  or  decla- 
rer) value  thereof. 

Produce  and  Ma- 
nufactures of  the 
United  Kingdom. 

Foreign  ind  Co- 
lonial   Murchaa- 
diee. 

TOTAL 
EXPORTS. 

Value  •nxehuiva 
of  the  Ira-lc  .•  >•• 
Great  Rrita  n 

£.        t.  d. 
1,547,852  18    1J 

1,647,162    3    6 
1,420,020  11    7 

£.       $.  A. 
697,667  15  10 

632,881  19    3 
942,832    3    4 

£.         s.  d. 
14,189    3    3 

9,783  18    6 
24,480  IS    0 

£.        s.  d. 
711,856  19    1 

642,66517    9 
967,312  15    4 

£.        t.  d. 
793,615    2  11J 

689,185    3    7J 
786,517  16    6 

FRENCH  STATISTICS. 


621 


PUBLIC  DEBT  OF  FRANCE. 

State  of  the  Sinking  Fund  on  the  31st  of  December,  1828,  taken  from  the  Report 
of  the  Director  General.  , 

Franc*. 
Total  receipts.  878,573,323.02 

PAYMENTS. 

The  Sinking  Fund  had  purchased  to  30th  September,  1828,  as  follows, 
viz. — 

1.  Before  the  22d  June,  1825, 
Stocks  not  transferable,  of  which  the  Sinking  Fund  receives  the 

dividends : 

37,070,107  francs  of  5  per  cent,  rentes,*  which  have  cost  594,914,079.55 

433,097  francs  3  per  cent,  rentes,  which  have  cost  10,819,374.01 

2.  After  21st  June,  1825, 

Rentes  annulled  conformably  to  2d  article  of  the 

law  of  May  1,  1825. 

10,988,622  francs  of  3  per  ct.  rentes,  which  have  cost  253,664,120.73 

3,527  francs  of  4i  per  ct.  rentes  77,418.54 


48,495,353  francs,  3,  4J,  and  5  per  ct.  rentes 

There  have  been  purchased,  during  the  4th  quar- 
ter of  1828, 

768,627  francs  3  per  ct.  rentes,  which  have  cost 
2,000  francs  4&  per  ct.  rentes 


49,265,980  francs,  3,  4£  and  5  per  cent. 
Cash  on  hand  on  31st  December,  1828, 

EXPENSES. 

General  Budget  of  the  Expenses  of  the  State  for  1829. 
Estimated  amount  of  the  Expenses  : 
For  the  public  debt 
Civil  list 

Royal  family        .    ,  .  .  .     . 

Ministry  of  Justice 

Foreign  Affairs 

—  Ecclesiastical  Affairs 

—  Public  Instruction 


722,661.29 


859,474,992.83 


19,050,129.75 
44,400 

878,569,522.58 


248,900,947 


25,000,000) 
-     .  7,000,000  $ 

19,610,876 
8,700,000 
33,645,000 
1,825,000 

—  the  Interior,    (central    administration,   roads    and  >    10,.  „_ .  g,.n 

bridges,  departmental  expenses,  public  works,  &c.  $          '       ' 

—  Commerce  and  Manufactures 

—  War  .  .  "... 

—  Marine 

—  Finance  (including  expenses  of  Chambers  of  Peers 

and   Deputies,   civil,   military    and    ecclesiastical  J.  100,100,625 
pensions,  allowance  to  the  Legion  of  Honour,  fcc. 

Expenses  of  administering  the  public  revenue  ' '  .-•  •' 

Repayments,  &c.  .  .  <*•.       •  K.  i  i 


3,246,400 

193,736,928 

56,719,856 


128,058,685 
41,885,394 


974,184,361 

Expenses  for  the  Ministries  of  Commerce  and  Manufactures,  War,  )      g  AQ  <  707 
and  Public  Instruction,  not  included  in  the  above  estimate          )        ' 

Francs,     980,186,158 

REVENUE. 

General  Budget  of  Receipts. 

Estimated  amount  of  receipts,  stamps,  registries  and  public  domain      190,000,000 
Sales  of  timber  .....  47,500,000 

*  The  French  fund*  are  estimated  by  the  amount  of  the  interest  allowed,  (rentef ,)  not  of  the  nominal 
capital. 


622 


ANNUAL  REGISTER,  1827-8-9. 


From  customs  .  j*;v          .  98,550,000 

Salt  duty  .  .  .  54,370,000 

The  above  receipts  are  specially  set  apart  for  the  interest  and  liqui- 
dation of  the  consolidated  debt.  Those  which  follow  are  applicable  to 
the  general  expenses  of  the  state. 
Indirect  contributions  .^  -^  ,  . 

Posts  .  ,  .*  •  ..  .'.',  .  . 

Lotteries         ..... 
Direct  taxes,  including  the  additional  taxes  for  tho  use  of  the 

partments  and  communes  .: 

Miscellaneous  sources  **  • 


France 


210,900,000 
31,050,000 
12,900,000 

de"  I  323,988,621 


Receipts  from  the  Ministries  of  Commerce  and  Manufactures,  War 
and  Public  Instruction,  not  included  in  the  above  estimate 


16,898,200 
986,156,821 
6,459,154 


992,615,975 

NAVIGATION. 

There  entered  the  French  ports  during  the  year  1828,  78,472  French  vessels,  and 
4,728  foreign  vessels,  making  together  83,000,  having  3,249,916  tons,  viz 

Vessels. 

From  foreign  countries         .  .  ".'    .       '"  • .   .  3,028 

From  the  colonies  .  '.  ..    "  437 

Fisheries  '  .    "        •-. ". '.'"'       ;•..'  6,180 

Coasting  trade  .  ,.  .  .  68,827 


Tons: 

237,841 

108,750 

107,755 

2,267,931 


78,472  2,722,277 

There  sailed  from  the  ports  of  France  in  the  same  year,  76,877  French  and  5,063 
foreign  vessels,  making  81,940  vessels,  the  aggregate  of  whose  tonnage  was  3,074,154, 


To  foreign  countries 
To  the  colonies 
Fisheries 
Coasting  trade 


Vessels. 

2,283 
618 

6,945 
66,591 


Tons. 

199,678 

127,157 

117,530 

2,169,270 


76,877  2,613,635 

The  above  table  is  formed  from  the  entries  at  the  Custom  House,  and  of  course 
does  not  give  an  exact  view  of  the  existing  amount  of  French  shipping,  many  vessels 
making  several  voyages  in  the  course  of  the  year. 

IMPORTS  AND  EXPORTS. 

Franci. 

The  total  amount  of  the  Imports  for  the  year  1828,  was  607,677,321 

Exports  .  .  609,922,632 

Excess  of  Exports  .  , ;,._,  .  2,245,311 

The  above  statement  includes  all  the  imports  and  exports,  whether  they  have  been 
destined  to  be  consumed  in  the  country,  or  exported ;  whether  they  were  the  produc- 
tions of  the  soil  or  manufactures  of  France,  or  merely  forwarded  from  the  French 
entrepots.  The  following  table  only  gives  the  quantities  really  entered  for  consump- 
tion, and  the  articles  the  produce  and  manufacture  of  the  country,  which  have  been 
exported. 

Francs. 

.*;  .  278,590,868 

136,845,918 
38,323,551 

.       453,760,337 


Raw  materials  for  manufactures 
Do.  for  consumption 

Manufactured  articles 


Exported. 

Raw  products  of  the  Boil 
Manufactured 

Eicess  of  exports 


Total 


167,377,012 
343,838,910 


511,215,922 
57,455.585 


LOCAL  HISTORY, 


DOMESTIC  OCCURRENCES, 


FOR  THE  YEARS  1827-8-9. 


VOL.  III. 


DOMESTIC  OCCURRENCES. 


MAINE. 


SCHOOLS. — There  are  thirty-one 
academies  in  this  state,  with  funds  to 
the  amount  of  $170,021.68.  Each 
town,  however  large  or  small,  is  re- 
quired by  law  to  raise  annually,  for 
the  support  of  schools,  a  sum  equal  at 
least  to  forty  cents  for  each  person 
in  the  town,  and  to  distribute  that 
sum  among  the  several  school  dis- 
tricts in  the  town,  in  proportion  to 
the  number  of  scholars.  In  1826  the 
number  of  school  districts  in  the  state 
amounted  to  2499 ;  the  number  of 
scholars,  between  four  and  twenty- 
one  years  of  age,  to  137,931 ;  and  the 
total  amount  of  expenditures  to  sup- 
port the  schools,  to  $137,878.57. 

BANKS. — In  June,  1829,  there  were 
twenty-one  banks  in  the  state,  and 
the  following  is  an  exposition  of  their 
affairs  at  that  time  : 

'1  ;ic  amount  of  capita]  stock  actually 

paid  in, $2,050,000 

Total  amount  of  bills  in  circulation,  551,202 
Amount  of  cash  deposited,  .  .  478,116  96 
Amount  of  undivided  profits,  .  64,969  73 

Specie  on  hand 166,023  81 

Deposites  in  other  banks,     .        .       242,024  15 

STATE  PRISON  AT  THOMASTON. — 
There  were  99  convicts  in  this  prison, 
Nov.  30,  1828.  The  whole  number 
committed  since  July  2, 1824,  amounts 
to  274 ;  discharged  during  same  time 
139,  pardoned  29,  escaped  2,  died  5. 
Of  the  99  left  in  prison,  14  were  Irish, 
3  English,  3  French,  and  1  Portu- 
guese negro. 

CUMBERLAND  AND  OXFORD  CA- 
NAL.— This  canal  was  commenced  in 
May,  1828,  and  was  to  be  completed 
in  September,  1829.  It  unites  the 


waters  of  Sebago  pond  with  those  of 
Portland  harbour.  The  length  of  the 
artificial  canal  is  20£  miles,  and  the 
whole  extent  of  water  communica- 
tion exceeds  40  miles.  The  expense 
of  the  canal  is  estimated  from  $190, 
000  to  200,000.  The  water  commu- 
nication can  be  extended  to  the  An- 
droscoggin,  and  even,  it  is  said,  to  the 
Chaudiere.  Articles  of  transporta- 
tion down  the  canal,  timber  of  various 
kinds,  wood,  stone,  ashes,  sand  to 
make  glass,  and  produce  of  the  coun- 
try. In  return,  salt,  plaster,  fish,  and 
merchandise. 

TREASURY. — Receipts  and  expen- 
ditures for  the  year,  ending  Decem- 
ber 31st,  1828 : 

RECEIPTS. 

Balance  in  the  Treasury,  .  .  $9,302  93 
Taxes  on  real  estate,  .  .  .  48,943  47 
Duties  on  commissions.  .  .  2,662  00 
Tax  on  banks,  ....  21,075  00 
Justices'  fees,  .  .  .  .  8,794  14 

Notes  receivable, 50  00 

Interest  on  money  due,  .  .  .  .  43  33 
Received  from  land  agent,  .  .  10,758  47 

Military  exempts, 6  00 

Premium  on  a  loan,        .    "  .        .        .       5  00 

Fines,  forfeitures,  &c 85  79 

Indians, 112  84 

Land  agents, 11,394  26 

Loan, 5,000  00 

Lotteries. — For  the  Cumberland  and 

Oxford  Canal,       ....      22,050  35 
For  steam  navigation,     .        .        .       3,317  24 

Total  of  Receipts,  $143,487  92 
EXPENDITURES. 
Pay  roll  of  the  Council,          .        .     $2,698  00 

Senate, 3,260  00 

Representatives,  ....  19,656  00 
Electors  of  President  and  V.  President,  183  00 
Roll  of  accounts.  .  .  .  .  8,853  31 

Salaries, 14,883  91 

Costa  in  criminal  prosecutions,  .  8,701  59 
To  Bowdoin  College,  .  .  3,000  00 

To  Medical  School,  .        .       1,0000(1 


ANNUAL  REGISTER,  1827-8-9. 


2,000  00 

1000  00 

1,415  32 

8,185  12 

900  00 

2,626  73 

1,000  00 

2,406  56 

750  00 

787  50 

300  00 

100  00 

640  00 

1,092  75 

120  40 

22,050  35 

.  60  00 

17,900  00 

3,206  77 

3,317  24 

404  38 

307  21 

1,000  00 

2,237  21 

909  48 

400  00 


To  Waterville  College,  . 

To  Gardiner  Lyceum,      .        .       . 

To  the  American  Asylum  at  Hartford, 

State  Prison, 

State  Arsenal,          .... 
Public  buildings,  &c. 

Land  Agent, 

Indians, 

State  Printing,          .... 
Greenleaf 's  Reports,       ... 

Stationery, 

Laws  for  the  use  of  the  Legislature, 

Pensions, 

Engrossing  Clerks, 

State  tax  remitted,  .... 
Cumberland  and  Oxford  Canal  Fund, 

Chaplains, 

Temporary  Loan,    .... 
Interest  on  State  debt, 
Steam  navigation  lottery, 
Miscellaneous,         .... 
Commissioners  under  the  Act  of  Sep- 
aration,          

Greenleaf 's  Maps,    .... 

Public  Roads, 

Northeastern  boundary,  . 
Quarter  Master  Gen.  Department, 

Total  of  Expenditures,    $137,351  83 
Balance  of  cash  in  Treasury,  Dec. 
31,  1828 6,136  09 

$143,487  92 

ELECTIONS. — Sept.  1827,  Mr.  Lin- 
coln was  elected  governor  without 
opposition. 

Sept.  1828. — Mr.  Lincoln  was  re- 
elected  governor  without  opposition, 
and  Messrs.  Mclntire,  Anderson, 
Sprague,  Wingate,  and  Butman,  were 
elected  representatives  to  Congress. 

The  following  is  from  the  returns 
in  the  various  districts.  In  York  Dis- 
trict the  whole  number  was  4,515. 
Rufus  Mclntire  had  2,981,  and  was 
chosen. 

In  Cumberland  whole  number  4188. 
John  Anderson  had  3,189,  and  was 
chosen. 

In  Lincoln,  whole  number  2858. 
Joseph  F.  Wingate  had  2086,  and  was 
chosen. 

In  Kennebeck,  whole  number  2368. 
Peleg  Sprague  had  2245,  and  was 
chosen. 

In  Somerset  and  Penobscot,  whole 
number  5381.  Samuel  Butman  had 
3,336,  and  was  chosen. 

In  Hancock  and  Washington  no 
choice.  Whole  number  3,549 ;  Je- 
remiah O'BrieniJhad  1,709.  Several 
trials  were  made  in  this  district  with- 
out success,  and  the  vacancy  was  not 
filled. 


In  Oxford  no  choice.  Whole  num- 
ber 4,994  ;  Ruel  Washburnhad  2,495, 
James  W.  Ripley  2,180.  Scattering 
319. 

On  a  second  trial  in  Oxford  district, 
Mr.  Ripley  was  elected  representa- 
tive by  a  majority  of  between  400  and 
500  votes. 

Jan.  1829. — Peleg  Sprague  was 
elected  United  States'  Senator,  in 
room  of  Mr.  Chandler,  whose  term  of 
office  expired  in  March,  1829.  The 
ballot  was — Senate,  18  Sprague,  1 
against — House,  91  for,  51  against. 
And  John  Holmes  in  the  place  of  Mr. 
Parria,  resigned. 

NORTHEASTERN  BOUNDARY. — The 

dispute  relative  to  this  boundary  is  in 
a  course  of  adjustment.  In  February, 
1828,  Albert  Gallatin,  of  Pennsylva- 
nia, and  Wm.  Pitt  Preble,  of  Maine, 
were  appointed  agents  in  the  negotia- 
tion, and  upon  the  umpirage  relating 
to  it ;  and  the  decision  of  the  question 
has  been  submitted  by  the  parties  in- 
terested to  the  king  of  the  Nether- 
lands. 

The  Legislature,  in  the  session  of 
1828,  passed  the  following  resolu- 
tions, with  a  preamble  declaring  the 
sovereignty  of  the  state  to  have  been 
repeatedly  violated  by  the  N.  Bruns- 
wick authorities : 

Resolved,  That  the  present  is  a 
crisis  in  which  the  government  and 
people  of  this  state  have  good  cause 
to  look  to  the  government  of  the  Uni- 
ted States,  for  defence  and  protection 
against  foreign  aggression. 

Resolved,  further,  That  if  new  ag- 
gressions shall  be  made  by  the  govern- 
ment of  the  province  of  New  Bruns- 
wick upon  the  territory  of  this  state, 
and  upon  its  citizens,  and  reason- 
able protection  shall  not  be  given  by 
the  United  States,  the  governor  be, 
and  he  hereby  is,  requested  to  use  all 
proper  and  constitutional  means  with- 
in his  power,  to  protect  and  defend 
the  citizens  aforesaid  in  the  enjoy- 
ment of  their  rights. 

Resolved,  further,  That  in  the  opi- 
nion of  this  legislature,  the  executive 


MAINE. 


of  the  United  States  ought,  without 
delay,  to  demand  of  the  British  go- 
vernment the  immediate  restoration 
of  John  Baker,  a  citizen  of  this  state, 
who  has  been  seized  by  the  officers  of 
the  province  of  New  Brunswick, 
within  the  territory  of  the  state  of 
Maine,  and  by  them  conveyed  to  Fre- 
derickton  in  said  province,  where  he 
is  now  confined  in  prison ;  and  to 
take  such  measures  as  will  effect  his 
early  release. 

Resolved,  further,  That  the  gover- 
nor be,  and  he  hereby  is,  authorised 
and  requested,  with  the  advice  and 
consent  of  the  Qouncil,  from  time  to 
time,  to  extend  to  the  family  of  said 
John  Baker,  such  relief  as  shall  be 
deemed  necessary ;  and  he  is  hereby 
authorized  to  draw  his  warrant  on  the 
treasury  for  such  sum  or  sums  as  shall 
be  required  for  that  purpose. 

Oct.  6, 1828. — NOVEL  FISHERY. — 
A  school  or  shoal  of  large  fish,  some 
of  them  between  20  and  30  feet  in 
length,  was  discovered  in  Harpswell 
river,  on  the  eastern  side  of  Harps- 
well  neck.    A  few  hardy  fishermen  of 
that  town  discovered  them,  and  en- 
gaged in  the  chase,  driving  them  up 
the  river  and  firing  at  them  with  mus- 
ket balls.    The  alarm  was  soon  com- 
municated along  shore — a  whale !  a 
whale !  was  the  cry  : — and  the  water 
was  in   a  short  time    covered  with 
boats,  carrying  sixty  or  eighty  warri- 
ors to  battle,  armed  with  muskets, 
harpoons,  broadaxes,  hatchets,   and 
whatever   deadly   weapon   could  be 
seized  at  the  moment.     Those  who 
first  dashed  in   amongst  the  school 
fired  at  them  incessantly,  and  killed 
several,  who  sank  in  the  river,  where 
they  still  lie.     The  greater  part  were 
driven  from  the  river  into  the  cove, 
directly  east  of  Harpswell  meeting 
house,  between  Orr's  island  and  Great 
island.    The  water  was  here  shallow  ; 
and  now  commenced  an  assault,  and 
a  method  of  fishery  never  before  wit- 
nessed.    The   fish   were   known   to 
yield  a  valuable  oil  like  the  whale ; 
the  largest    yielding  from    four    to 
five  barrels,  worth  thirty  or  forty  dol- 


lars. The  eagerness  of  attack,  there- 
fore, on  the  part  of  the  fishermen,  who 
were  accustomed  to  draw  up  from  the 
depth  of  many  fathoms  the  compara- 
tively worthless  codfish,  may  be  easily 
imagined. 

First,  as  became  him  the  represen- 
tative of  the  town  of  Harpwell,  Mr. 
Curtis,  a  very  respectable  man,  as- 
saulted the  largest  of  the  school. 
Armed  with  a  broadaxe,  he  threw 
himself  from  his  boat,  astride  a  mon- 
ster 22  feet  in  length,  and  rode  him 
a  number  of  rods,  (all  the  time  cut- 
ting into  him  with  the  greatest  indus- 
try,) before  he  despatched  him. 

Mr.  Dunning  pursued  two  large  fish 
ashore,  and  slipping  the  painter  from 
his  boat,  he  made  a  noose  in  it,  and 
getting  it  over  the  head  and  fins  of 
the  largest,  he  fastened  him  to  a  tree  ; 
while  snatching  another  rope,  he  slip- 
ped it  over  the  tail  of  the  other,  and 
fastened  him  to  a  bush ;  and  then  hast- 
ened to  make  new  conquests,  for  it 
was  the  law  of  the  case,  that  every 
one  was  to  have  what  he  could  kill  or 
catch  and  secure. 

The  result  of  this  adventure  is,  that 
22  men,  the  successful  part  of  the 
company,  killed  71  fish,  being,  with 
those  which  sunk  in  the  river,  the 
whole  school.  It  is  not  known  that 
one  escaped.  The  blubber  has  been 
stripped  off",  and,  it  is  expected,  will 
yield  75  barrels  of  oil,  worth  perhaps 
from  600  to  700  dollars. 

Some  of  the  Harpswell  people  call 
this  fish,  black  fish,  others  pot  fish. 
Both  names  are  very  appropriate,  for 
the  fish  is  black  like  a  coal,  and  the 
head  is  of  the  form  of  a  pot  kettle. 
Dr.  Mitchill,  of  New  York,  and  other 
learned  men,  would  say  it  is  no  fish  at 
all,  for  it  has  no  gills,  and  like  the 
whale,  has  a  heart  and  lungs,  and 
warm  blood,  and  is  viviparous.  It 
spouts  water  through  a  large  spiracle 
or  hole  in  the  top  of  its  head.  One 
man  thrust  his  fist  as  a  stopper  in  the 
spiracle  of  one  of  the  monsters,  in  the 
hope,  that  by  confining  the  air,  the 
animal  would  blow  up,  and  thus  be 
floated  more  readily  in  the  shoal  wa- 


tf] 


ANNUAL  REGISTER.— 1827-8-9. 


ter ;  but  he  found  himself  in  danger 
of  being  blown  up  into  the  air !  The 
largest  was  22  feet  in  length,  and  18 


feet  in  circumference  ;  the  pups,  still 
at  the  breast,  were  seven  or  eight  feet 
in  length. 


NEW  HAMPSHIRE. 


A  List  of  the  Governors  and  Com- 
manders in  Chief  of  New  Hamp- 
shire for  186  years. 

T7HDER  THE  GOVERNMENT  Of  MASSACHUSETTS. 

Chcsen.  Office  ceased. 

1641*  Richard  BellingLatn,  Governor,  1642 

1642    John  Winthrop,  Governor,  1644 

1644  John  Endicott,  Governor,  1645 

1645  Thomas  Dudley,  Governor,  1646 

1646  John  Winthrop,  Governor,  1649 
1649    John  Endicott,  Governor,  1654 

1654  Richard  Bellingham,  Governor,  1655 

1655  John  Endicott,  Governor,  1665 
1665  Richard  Bellingham,  Governor,  1673 
1673  John  Leverett,  Governor,  1679 

1679  Simon  Bradstreet,  Governor, 

UNDER  THE  PROVINCIAL  GOVERNMENT. 

Commenced.  Ceased. 

1680  John  Cutt,  President,  1681 

1681  Richard  Waldron,  President,  1682 

1682  Edward  Cranfield  Lieut.  Governor,  1685 

1685  Walter  Barefoot,  Deputy  Governor,  1686 

1686  Joseph  Dudley,  President,  1686 
1686  Edmund  Andros,  Governor,  1689 
1689  Union  with  Massachusetts  revived,    1692 
1692  John  Usher,  Lieutenant  Governor,     1697 

1697  William  Partridge,  Lieut.  Governor,  1698 

1698  Samuel  Allen,  Governor,  1699 

1699  Rich.  Coote,  Earl  of  Bellamont,  Gov.1702 
1702  Joseph  Dudley,  Governor,                   1715 
1702  John  Usher,  Lieutenant  Governor,    

1715  George  Vaughan,  Lieut.  Governor,    1716 

1716  Samuel  Shute,  Governor,  1723 

1717  John  Wentworth,  Lieut.  Governor,   1729 

1729 
1741 
1741 
1767 
1775 


1729  William  Burnet,  Governor, 

1730  Jonathan  Belcher,  Governor, 

1731  David  Dunbar,  Lieut.  Governor, 
1741  Benning  Wentworth,  Governor, 
1767  John  Wentworth,  Governor, 


1776  Meshech  Weare,  Presideut,t 

1784  Meshech  Weare,  President,^ 

1785  John  Langdon,  President, 

1786  John  Sullivan  President, 

1788  John  Langdon,  President, 

1789  John  Sullivan,  President, 

1790  Josiah  Bartlett,  President, 
1792  Josiah  Bartlett,  Governor,^ 
1794  John  Taylor  Oilman,  Governor, 
1805  John  Langdon,  Governor, 

1809  Jeremiah  Smith,  Governor, 


1810  John  Langdon,  Governor,  1812 

1812  William  Plumer,  Governor, 

1813  John  Taylor  Oilman,  Governor,        1816 
1816  William  Plumer,  Governor,  1819 
1819  Samuel  Bell,  Governor,                       1823 

1823  Levi  Woodbury,  Governor, 

1824  David  Lawrence  Morril,  Governor,   1827 
1827  Benjamin  Fierce, 

March,   1828. -John  Bell  was 

elected  Governor,  in  the  place  of 
Benjamin  J.  Pierce.  The  votes  were 
for  Bell  15,104,  for  Pierce  13,332. 

June,  1828. — Samuel  Bell  was  re- 
elected  a  Senator  of  the  U.  States. 

JUDICIAL  OPINIONS. The  su- 
preme judicial  court  of  New  Hamp- 
shire, in  compliance  with  an  order  ot 
the  house,  at  the  session  of  1828, 
gave  the  following  opinions  :  1.  That 
the  legislature  has  not  a  constitu- 
tional right  to  impose  a  tax  upon  a 
particular  unincorporated  place,  for 
the  purpose  of  making  a  road  in  such 
place,  or  for  any  other  purpose.  2. 
That  the  legislature  has  not  a  consti- 
tutional right  to  impose  a  tax  upon  a 
particular  uincorporated  town  for  any 
such  purpose.  3.  That  the  legisla- 
ture has  a  constitutional  right,  by  a 
special  act,  to  authorize  the  guardian 
of  a  minor  to  sell  the  real  estate  of 
his  ward. 

June,  1828. — A  mine  of  lead  was 
discovered  accidentally  about  two 
years  ago  in  the  town  of  Eaton,  a  few 
miles  from  Saco,  Me.  It  was  recent- 
ly opened,  and  its  working  commen- 
ced, and  is  said  to  promise  a  fair  re- 
ward to  the  proprietors,  100  Ibs.  of 


*  The  settlements  of  Portsmouth,  Dover,  and 
Exeter,  voluntarily  put  themselves  under  the 
government  of  Massachusetts  colony  in  1641, 
and  were  allowed  to  send  their  representatives 
to  the  General  Court  at  Boston.  This  union 
with  Massachusetts  remained  until  1st  Janua- 
ry, 1680,  when  a  commission  arrived  at  Ports- 
mouth ftom  England,  establishing  a  Provincial 
Government.  Hampton,  from  its  first  settle- 
ment till  this  time,  had  belonged  to  Massachu- 
setts. 

(^  In  1776,  a  temporary  constitution  was  fram- 
ed, to  continue  during  the  war  with  Great  Bri- 


tain, under  which  constitution,  Meshech  Weare 
was  annually  elected  President.  This  was  the 
first  constitution  formed  in  any  of  the  colonies 
after  the  Revolution  commenced. 

|  On  the  31st  of  October,  1783,  the  new  civil 
constitution  of  New  Hampshire  went  into  ope- 
ration, and  continued,  without  alteration,  until 
1792.  Meshech  Weare  was  the  first  President. 

$  In  1792,  the  constitution  was  revised  by  a 
convention  of  delegates,  who  assembled  at  Con- 
cord. The  title  of  President  for  the  chief  ma- 
gistrate was  abrogated,  and  that  of  Governor 
substituted. 


NEW  HAMPSHIRE. 


Guns.      Dates. 

54 

1690 

32 

1696 

50 

1774 

32 

1776 

18 

1777 

74 

1782 

32 

1797 

14 

1797 

24 

1798 

36 

1799 

74 

1814 

14 

1821 

18 

1828 

74 
44 

>  Not  launched. 

the  ore  yielding  90  per  cent,  of  the 
metal. 

Sept.  24,  1828 — The  U.  S.  sloop 
of  war  Concord  was  launched  this 
day  at  Portsmouth.  She  is  600  tons 
burthen,  and  is  pierced  for  18  guns. 
The  following  vessels  have  been 
built  at  Portsmouth : 

Ships. 
Falkland, 
Bedford, 
America, 
Raleigh, 
Ranger, 
America, 
Crescent, 
Scammell, 
Portsmouth, 
Congress, 
Washington, 
Porpoise, 
Concord, 
Alabama, 
Santee, 

Probably  a  larger  number  of  national 
ships  than  has  been  built  in  any  port 
in  the  country. 

November,    1828 The  Adams 

electoral  ticket  received  22,775  votes, 
and  the  Jackson  ticket  19,555. 

March,  1829. — Benjamin  J.  Pierce 
was  re-elected  governor  by  a  majori- 
ty of  about  two  thousand  votes ;  and 
also  members  of  Congress  who  are 
friendly  to  the  administration  of  Gen. 
Jackson. 

Treasury—Receipts  and  Expendi- 
tures for  the  year  1828. 

RECEIPTS. 

Cash  in  the  Treasury,  on  settlement 
of  the  late  Treasurer's  accounts, 

Taxes  outstanding, 

Borrowed  of  Literary  Fund, 

of  Merr.  Co.  Bank, 
"          of  Claremont  Bank, 

Received  of  J.  W.  Weeks,  an  error 
in  travel  roll, 

Interest  on  3  per  cent,  stock, 

Received  of  Jacob  Patch,  error  in  at- 
tendance roll,  Nov.  1828, 

Cash  of  Selectmen  of  Lyman,  fees 
for  militia  exempts, 

State  tax  for  1828, 

Of  Secretary  of  State,  fees  of  office, 


$3,205  10 
1,502  45 
9,058  19 

19,000  00 
5,000  00 

2  00 
2,854  00 

90  00 

2  90 

39,997  20 
553  00 


Pay  roll  of  the  Senate,  June,  1828,  602  40 

of       do          Nov.  1828,          1,392  60 

of  the  House,  June,  1828,         9,039  00 

"       of       do          Nov.  1828,        22,172  50 

Orders  in  favour  of  Representatives, 
whose  names  were  omitted  on  the 
rolls,  190  00 

Orders  in  favour  of  the  Clerks,  765  90 

"       in  favour  of  Doorkeepers,  901  45 

Salaries  of  Secretary,  Treasurer, 
Warden  of  the  State  Prison,  and 
Adjutant  General,  2,600  00 

Salaries  of  Justices  of  SuperiorCourt, 
Attorney  General,  and  Solicitors,  4,600  00 

Salaries  of  Justices  of  Court  of  Com- 
mon Pleas,  3,200  00 

Salaries  of  Judges  and  Registers  of 
Probate,  4,418  69 

Compensation  of  Commissioners  on 
State  line,  1,086  68 

Compensation  of  Electors  of  Presi- 
dent, &c.  147  00 

Orders  in  favour  of  deaf  and  dumb,          660  00 

Other  orders,  6,451  00 

Wolf,  bear,  and  wild  cat  bounty,  250  00 

Tax  against  Shelbume,  received  by 
late  Treasurer,  48  40 

Principal  and  interest  of  money  bor- 
rowed, 18,619  16 

Taxes  outstanding,  June  1st,  1829,         1,452  92 

Cash  in  Treasury,  June  1st,  1829,  373  73 


Governor's  salary, 
Contingent  expenses, 
Pay  roll  of  thft  Council, 


981,263  94 

1,200  00 
100  00 
98500 


Total,  $81,263  94 

MANUFACTURES. — Somersworth. 
The  factories  at  Salmon  Falls  have 
lately  become  famous,  though  only  a 
small  portion  of  the  water-power  is 
yet  employed.  The  company  was  in- 
corporated  in  1822,  with  a  capital  of 
a  million.  Their  works  consist  of 
three  cotton  mills,  one  for  the  manu- 
facture of  broadcloths,  and  another  of 
carpets.  The  cotton  mills  have  near- 
ly 20,000  spindles,  withlooms  enough 
to  make  between  70  and  80,000  yards 
of  cloth  weekly.  One  of  these  mills  is 
six  stories  high,  49  feet  wide,  and  390 
feet  long.  The  woollen  factory  is  six 
stories  high,  49  feet  wide,  and  220 
feet  long,  and  makes  2000  yards  of 
broadcloth  weekly.  The  carpet  fac- 
tory makes  1300  yards  weekly,  that 
compares  with  the  best  Kiddermin- 
ster or  Scotch  goods.  The  village, 
belonging  to  the  works,  contains 
1,600  persons — 1,000  of  whom  are 
connected  with  the  factories — the 
monthly  disbursements  of  the  compa- 
ny in  wages,  are  over  16,000  dollars 
Some  idea  may  be  formed  of  the  ex- 
tent of  this  establishment  by  the  quan- 
tity of  articles  consumed  in  a  year.  The 
following  is  a  part,  in  round  numbers : 


ANNUAL  REGISTER.— 1827-8-y. 


400,000  Ibs.  of  wool,  value  $160,000 
18,000  Ibs.  indigo,  36,000 

200  bbls.  camwood,  600 

40  casks  woad,  800 

Other  dye  stuffs,  5,000 

50  pipes  olive  oil,  4,100 

9,000  gallons  lamp  oil,  6,000 

700,000  teazles,  1,500 

300  tons  of  coal,  2,000 

1,300  cords  of  wood,  3,900 

500,000  Ibs.  cotton,  70,000 

Soap,  1,500 

Flour  and  starch,  2,400 

Thursday,  13th  November,  1828, 
was  kept  as  a  day  of  annual  thanks- 
giving and  prayer. 

The  number  of  banks  in  the  State 
on  the  4th  of  May,  1829,  was  18; 
and  the  statement  of  their  affairs, 
with  the  exception  of  Portsmouth 
bank,  from  which  no  returns  were  re- 
ceived, were  as  follows : 
Value  of  real  estate,  $71,84675 

Amount  of  debts  due,  2,329,069  60 

Amount  of  the  specie  in  the  vault,  220,347  14 
Amount  bills  of  other  banks  on  hand,  53,82988 
Amount  of  deposites,  169,430  67 

Amount  of  bills  in  circulation,  685,246  25 

STATE  PRISON. — Its  receipts  for 
the  year  ending  29th  May,  1829,  were 


$19,489.28;  and  its  disbursements 
during  the  same  time  were  $17,348. 
78. 

MILITIA. — By  the  returns  of  the 
militia  made  to  the  governor  in  1828 
and  1829,  the  number  was  as  follows  : 

1828.  1829. 

Infantry,  light  infan- 
try,  and  grenadiers, 
Cavalry,  1,529     1,601 

Artillery,  1,639     1,592 

Riflemen,  756       864 


28,415  28,900 

SCHOOLS. — The  State  has  a  litera- 
rary  fund,  amounting  to  $64,000,  and 
the  proceeds  of  which  are  to  be  di- 
vided among  the  towns  in  the  ratio 
of  taxation.  There  is  also  an  annual 
income  of  9000  dollars  from  the  tax 
of  a  half  per  cent,  on  bank  stock, 
which  is  appropriated  in  like  man- 
ner. Since  1818,  the  sum  of  90,000 
dollars  has  been  yearly  raised  by  tax 
for  the  support  of  common  schools. 
The  State  has  appropriated  annually 
for  several  years  1200  dollars  for  the 
education  of  deaf  and  dumb  pupils  at 
the  Hartford  Asylum. 


MASSACHUSETTS. 


BOSTON  ATHEN.EUM. — This  insti- 
tution continues  to  flourish.  Its  ad- 
vantages are  laid  open  to  the  public, 
as  far  as  is  consistent  with  the  proper 
preservation  of  the  library.  A  cata- 
logue of  this,  enumerating  23,000 
volumes,  has  been  printed  within  the 
present  year,  during  which,  books  to 
the  value  of  $11,000,  have  been  re- 
ceived from  Europe.  As  a  library  of 
modern  languages  and  literature,  it  is 
believed  not  to  be  surpassed  in  the 
United  States. 

SCHOOLS. — From  information  con- 
tained in  a  report  of  the  secretary  of 
the  state,  for  the  year  1827,  and  ob- 
tained from  imperfect  returns  of  the 
several  towns,  it  appears  that  there 
were  972  public  school  districts,  and 
708  academies  and  private  schools. 
The  number  of  pupils  in  private 
schools  is  estimated  at  18,143,  and 
the  number  in  the  public  schools  at 


71,006.  The  amount  of  private  tui- 
tion is  calculated  at  $158,809,  and 
the  amount  paid  for  public  instruc- 
tion is  $163,929.76. 

HARVARD  COLLEGE. — The  follow- 
ing is  a  statement  of  the  number  of 
students  in  the  different  departments 
of  this  flourishing  institution  in  1829 . 

Under-graduates . 
Senior       class  60 

Junior          "  47 

Sophomore  "  69 

Freshman    "  74 

—250 

University  students  5 

Theological     "  33 

Medical  "  84 

Law  "  6 

—123 

Candidates  for  the  mi- 
nistry 17 
Resident  graduates  6 

Total  401— 


MASSACHUSETTS. 


I-' 


MILITIA. — From  the  returns  of 
December,  1828,  the  following  was 
the  Btate  of  the  militia :  7  divisions, 
16  brigades,  67  regiments  of  infantry, 
and  1  battalion.  494  companies  of 
infantry,  11  of  grenadiers,  107  of 
light  infantry,  and  36  of  riflemen. 
The  aggregate  of  infantry  with  the 
general  staff  consists  of  49,658.  Of 
cavalry  there  are  4  regiments,  2  bat- 
talions,  and  34  companies.  The  ag- 
gregate of  cavalry  is  1,431.  Of  ar- 
tillery there  are  four  regiments,  13 
battalions,  and  51  companies.  The 
aggregate  of  artillery,  3,255.  Total, 
54,344. 

The  number  of  muskets  in  use  is 
30,589— of  artillery  pieces,  105.  Be- 
sides these  there  are  deposited  in  the 
arsenals  at  Cambridge  and  Boston, 
10,188  muskets,  of  which,  8,721  were 
received  of  the  United  States,  the 
rest  purchased  by  the  state  ;  and  91 
pieces  of  cannon,  with  all  the  requi- 
sites for  the  use  of  both. 

The  following  estimate  was  made 
of  the  expense  of  the  militia,  by  Mr. 
Pierpont,  in  a  sermon  preached 
before  the  ancient  and  honourable 
artillery  company.  "  The  common- 
wealth has  more  than  fifty  thou- 
sand men  on  her  militia  rolls.  Grant 
that  these  are  called  out  for  review, 
drill,  elections,  and  parade,  no  more 
than  three  days  a  year,  and  we  have 
150,000  days  devoted  to  military  duty 
by  those  who  do  that  duty.  Allow 
then  only  one  spectator  for  one  sol- 
dier, and  there  are  150,000  days 
more.  Allow,  moreover,  only  two- 
thirds  as  much  time  for  each  indivi- 
dual to  prepare  for  the  field,  for  fa- 
tigue or  frolic,  and  to  recover  from 
its  duties  or  its  debauch,  as  there  is 
spent  upon  the  field,  and  we  have 
200,000  days  more.  Now  allowing 
one  day  to  be  worth  only  one  dollar, 
the  militia  of  Massachusetts  costs  the 
state  of  Massachusetts  half  a  million 
of  dollars  a  year." 

MASSACHUSETTS  CLAIMS. —  The 
following  (says  the  Boston  Centinel) 
is  the  report  of  the  third  auditor  of 
the  treasury  on  the  long  contested 
military  claims  of  Massachusetts. 

VOL.  TIL  2* 


This  report  has  just  been  printed  by 
order  of  congress* 

This  report  was  made  by  the  third 
auditor,  Mr.  Hagner,  by  direction  of 
the  secretary  of  war,  in  pursuance  of 
a  resolution  of  the  house,  passed  in 
December,  1826,  by  which  the  claim 
was  referred  to  the  secretary  of  war, 
with  instructions  to  report  to  the 
house,  what  classes  and  what  amount 
of  it  might  be  allowed  and  paid  upon 
the  principle  and  rules,  which  have 
been  applied  to  the  adjustment  of 
claims  of  other  states  for  military  ser- 
vices during  the  war,  and  if  any 
parts  of  the  claim  are  .rejected,  to 
state  the  reasons.  The  auditor  was 
directed  to  classify  the  items  of  the 
claim  so  as  to  show,  1st,  those  which 
are  not  warranted  by  the  principles 
of  adjustment,  adopted  in  settling 
similar  claims  made  by  other  states — 
2d,  those  embraced  by  such  princi- 
ples, and,  3d,  to  distinguish  those 
portions  which  resulted  from  calls 
made  by  the  executive  of  Massachu- 
setts, and  those  by  militia  officers, 
without  the  sanction  of  the  executive; 
and  to  notice  whether  the  calls  made 
by  the  executive  were  spontaneous, 
or  made  in  compliance  with  calls 
from  the  executive  of  the  United 
States ;  and  in  either  case,  whether 
he  consented  or  refused,  to  subject 
them  to  the  authority  of  the  govern- 
ment of  the  United  States. 

The  report  of  the  auditor  was 
made  January  30, 1828,  in  conformity 
with  these  instructions.  The  items 
of  the  claim  are  examined  in  detail, 
classified,  and  accompanied  with  re- 
marks, and  extracts  from  the  corres- 
pondence between  the  executive 
and  other  officers  of  this  state, 
and  those  of  the  United  States. — 
The  report  occupies  181  closely 
printed  pages. 

The  whole  amount  of  the  claim  is 
$843,349.60:  of  this  amount  $52,- 
480.33  are  rejected,  as  consisting  en- 
tirely of  items  of  a  class  not  allowa- 
ble on  principles  of  adjustment  ap- 
plied to  claims  of  other  states.  A- 
mong  three  items  are  a  charge  of 
$4,061,  for  money  paid  under  a  reso- 


10] 


ANNUAL  REGISTER— 1S27-S-9. 


lution  of  the  legislature  of  the  state, 
in  June,  1812,  by  which  the  governor 
was  authorized  to  send  boats  or  ves- 
sels immediately  to  sea,  to  give  notice 
to  all  American  vessels  on  the  coast 
of  the  declaration  of  war.  This  ex- 
pense is  not  considered,  as  properly 
chargeable  to  the  general  govern- 
ment. Another  of  the  items  is  of 
$17,755  paid  for  militia  called  out  at 
Boston,  Salem,  and  eight  or  ten  other 
towns,  in  September  and  October, 
1814,  by  order  of  the  governor,  by 
regiments,  by  rotation  two  days  suc- 
cessively, for  the  purpose  of  improv- 
ing their  discipline,  and  other  objects 
stated  in  his  general  order.  Other 
items  disallowed  are  for  building  gun 
houses,  and  for  guards  to  gun  houses, 
and  at  the  arsenal  at  Charlestown 
$4,339 ;  payments  for  the  transporta- 
tion of  arms  and  ordnance  stores 
from  Boston  to  sundry  towns,  in 
1813  and  1814,  and  to  Boston  in  1815 
and  1816,  $5,289 ;  for  payments  to 
aid-de-camp,  brigade  majors,  and 
adjutants,  &c.  $3,772,  and  compen- 
sation to  the  commissioners  of  sea 
coast  defence,  the  board  of  war, 
their  clerks,  to  Col.  Sumner,  and  in- 
cidental expenses  of  their  offices, 
$13,154, 

Of  items  partly  admissible,  and 
partly  objectionable,  the  claims  are 
classed  under  the  head  of  guards, 
amounting  to  $39,810,  of  which 
$27,711  are  designated  as  admissi- 
ble, and  the  rest  inadmissible.  Un- 
der head  of  alarms,  the  claims  are 
$37,652,  of  which  $24,141  are  ad- 
missible. For  calls  of  militia  offi- 
cers, principally  in  Maine,  under 
general  order  of  June  16,  1814,  the 
claims  amount  to  $197,489,  of  which 
$144,876  are  admissible.  Under  the 
state  executive  calls,  including  Gen. 
Whiton's  corps  at  South  Boston,  and 
troops  at  Portland,  Bath,  Wiscasset, 
&c.  the  claims  amount  to  $503,852, 
which  $227,662  are  designated  as 
admissible.  For  the  defence  of  East- 
port  in  1812,  the  claims  are  $4,295, 
of  which  $3,411  are  designated  as 
admissible.  For  militia  in  the  United 


States,  service  the  claims  are  $7,768, 
admissible  $2,945. 

Of  the  sums,  deducted  from  the  se- 
veral items  of  claims  as  inadmissible, 
are  $61,833  charged  for  clothing, 
and  $7,777  for  arms,  which  are  stated 
by  the  auditor  not  to  be  allowed  on 
the  principles  adopted  in  the  settle- 
ment of  claims  of  other  states.  The 
sum  of  $14,056  is  deducted  for  over 
payments,  and  $23,545  for  reduction 
of  rations.  The  deduction  for  over 
payments  are  made,  for  higher  rates 
allowed  in  some  instances  than 
were  authorized  by  law,  or  for  longer 
periods  than  the  services  were  enti- 
tled to,  or  for  some  deficiency  in  the 
evidence  of  the  services.  The  ra- 
tions to  the  militia  were  furnished  at 
20  and  25  cents,  the  United  States 
contract  price  being  at  the  time  17 
cents.  Smaller  deductions  were  made 
under  several  other  general  heads, 
and  under  the  head  of  miscellaneous, 
$240,759.  Under  this  last  head  are 
$30,123  for  fortifications  at  Boston, 
$8.141  for  hulks  for  Boston  harbour, 
$25,683  for  gun  carriages  and  artil- 
lery apparatus,  $32,996  for  muskets 
purchased  in  1813  and  1814,  $39,274 
for  gun  powder,  and  $19,249  for  tents. 

The  aggregate  amount  designated 
as  admissible  is  $430,748.26.  The 
amount  of  the  several  deductions  for 
inadmissible  charges  is  $412,601.34. 
A  small  portion  of  these  deductions 
are  made  for  deficiency  of  proof,  but 
much  the  greater  portion  from  the 
nature  of  the  charges. 

BANKS. — By  the  returns  of  the 
state  of  the  banks  in  the  common- 
wealth, made  to  the  secretary  on  the 
first  Saturday  of  May,  it  appears  that 
the  amount  of  capital  stock  of  the 
61  banks  in  operation  in  1827  is 
19,337,800  dolls.  The  whole  amount 
of  bills  in  circulation  was  4,884,538 
dollars,  of  which  amount  985,045  dol- 
lars were  of  bills  of  denominations 
less  than  five  dollars.  The  amount 
of  notes  in  circulation  bearing  inter- 
est, not  included  in  the  foregoing 
amount,  was  $2,599,326.84.  The  a- 
mount  of  deposites  in  the  several 


MASSACHUSETTS. 


banks,  not  cm  interest,  was  2,063,072 
dollars.  Deposites  on  interest, 
$455,654.96.  Whole  amount  of  the 
debts  of  the  banks,  $30,943,400.05. 

The  amount  of  specie  in  the  vaults 
of  the  banks  was  1,144,645  dollars. 
Amount  of  real  estate  640,998  dollars. 
Bills  of  other  banks  in  the  state, 
713,319  dollars.  -/Bills  of  banks  in- 
corporated  elsewhere,  277,531  dol- 
lars. Balances  due  from  other  banks, 
1,210,786  dollars.  Notes  and  bills  of 
exchange  discounted,  funded  debt,  and 
other  securities,  $27,073,978.89. 
Whole  amount  of  resources  of  the 
banks,  $31,011,981.92.  Amount  of 
debts  due  to  the  banks,  secured  by  the 
pledge  of  their  own  stock,  1,114,510 
dollars.  Amount  of  debts  considered 
doubtful,  343,451  dollars. 

There  were  65  banks  in  the  Com- 
monwealth in  1828,  and  the  following 
is  an  exposition  of  their  affairs  for 
that  year : 

Due  from  the  Banks. 

Capital  stock  paid  in,  $20,140,050 

Bills  in  circulation  of  $5  &  upwards, 

not  bearing  interest,  3,989,612 

Bills  in  circulation  under  $5,  not  bear- 
ing interest,  1,044,981 
Bills  or  notes  in  circulation  bearing 

interest,  3,713,262 

Nett  profits  on  hand,  397,050 

Balances  due  to  other  banks,  1.151,734 

Cash  deposited,  2,020,226 

Cash  deposited  bearing  interest,  484,335 

Total  amount  due  from  the  banks,      33,178,493 

Resources  of  the  Banks. 

Specie,  $1,225,294 

Real  estate,  639,838 

Bills  of  other  banks  incorporated  in 

this  State,  718,110 

Bills  of  other   banks   incorporated 

elsewhere.  404.640 

Amount  of  debts  due,  28,753,263 

Total  amount  of  the  resources  of  the 
banks,  33,276,430 

STATE  PRISON.— The  whole  num- 
ber of  convicts  in  the  prison,  Sept. 
30th,  1827,  was  285 ;  on  Sept.  30th, 
1828,  it  was  290.  The  whole  num- 
ber committed  between  1805  and  1828 
was  2176 ;  and  of  these  366  were  par- 
doned, 17  escaped  and  not  retaken, 
114  died,  10  were  discharged  by  the 
court,  and  1379  were  discharged  on 
expiration  of  sentence.  Of  the  whole 
number  discharged,  there  have  been 
returned  on  a  second  commitment 
290 ;  and  of  the  290, 32  were  of  those 
who  had  been  pardoned.  In  1828, 


135  of  the  convicts  were  from  Massa- 
chusetts ;  21  from  New  Hampshire  ; 

14  from  New  York ;  13  from  Con- 
necticut ;   7  from   Pennsylvania ;  11 
from  Rhode  Island ;  9  from  Vermont ; 

15  from  Maine ;  3  from  Virginia ;  3 
from  New  Jersey ;  3  from  South  Ca- 
rolina ;  3  from  Maryland ;  1  from  New 
Orleans ;  20  from  Ireland ;    9  from 
England ;  9  from  Scotland ;   2  from 
France ;  3  from  Nova  Scotia ;  2  from 
Holland ;  6  from  the  West  Indies  i 
and  1  from  Portugal.     One  sixth  part 
of  the  convicts  were  coloured  peo- 
ple. 

EXPENSES  OF  GOVERNMENT. — Ex- 
penses of  the  Senate  and  House  of 
Representatives,  in  the  several  legis- 
latures of  Massachusetts. 

1820  26,507         1824    36,727 

1821  32,387         1825    36,602 

1822  21,918          1826    49,141 

1823  36,207         1827    69,837 
TREASURY. — Receipts  and  expen- 
ditures for  the  year  ending  Decem- 
ber 31st,  1828. 

RECEIPTS. 

On  arrearages  of  State  tax,  $38  9,1 

Amount  of  bank  tax,  190,247  20 

Duties  on  sales  by  auction,  34,297  65 
Principal  and  interest  of  notes  and 

bonds  due  the  commonwealth,  9,221  51 

Lands  in  Maine  sold  by  the  agents,  2,724  60 

Of  county  treasurers,  761  58 

Of  the  Attorney  General,  217  00 

Of  the  Solicitor  General,  131  12 

Miscellanies,  2,206  71 

Money  borrowed  of  banks,  210,000  00 

Total  of  receipts,  $450,026  32 

^EXPENDITURES. 

Ou  warrants  and  rolls  for  the  sup- 
port of  government,  including 
the  pay  of  representatives,  $146,063  43 

On  rolls  of  the  committee  on  ac- 
counts, for  diflerent  years,  70,888  53 

County  treasurers,  26,355  95 

Principal  and  interest  of  the  5  per 
cent,  funded  debt,  293  03 

Adjutant  and  acting  Quarter  Mas- 
ter General's  department,  4,687  00 

Agricultural  Societies,  5,438  84 

Support  of  deaf  and  dumb  persons 
in  Asylum  at  Hartford,  6,227  79 

Wounded  soldiers,  $  137,  Pension- 
ers, $1,243.33,  1,380  33 

Medical  Institution  in  Berkshire 
county,  1,000  00 

Commissioners  for  settling  the  af- 
fairs of  Massachusetts  and  Maine  951  37 

Interest  on  money  repaid  to  banks,        2,425  74 

Miscellanies,  42,056  97 

Principal  of  money  repaid  to  banks,     140,000  00 

Total  of  expenditures,  $447,769  03 


12] 


ANNUAL  REGISTER,  1827-8-9. 


MEMORANDUM. 

.  Cash  in  the  treasury,  January  1st, 

1828,  20,466  73 

Amount  of  receipts  in  1828,  inclu- 
ding money  borrowed  of  banks,  450,026  32 

Amount  of  expenditures  in  1828,  in- 
cluding money  repaid  to  banks,  447,769  03 

Amount  of  cash  in  treasury,  Janu- 
ary 1st,  1829,  $22,724  02 

LEGISLATIVE  PROCEEDINGS. 

January,  1828. — MANUFACTURES. 
—The  following  resolutions  passed 
the  house  of  representatives  of  Mas- 
sachusetts— 150  to  94 : 

Resolved,  As  a  sense  of  this  house, 
that  the  continued  and  increasing  de- 
pression of  the  woollen  manufac- 
tures and  of  the  agricultural  interest 
in  this  commonwealth,  and  the  coun- 
try generally,  calls  for  the  interposi- 
tion of  the  legislature  of  the  nation. 

Resolved,  That  a  judicious  revi- 
sion of  the  existing  tariff,  in  such 
manner  as  not  essentially  or  inju- 
riously to  affect  any  of  the  other  im- 
portant public  interests  of  the  coun- 
try, or  to  jeopardize  established  sys- 
tems of  policy,  is  required  by  a  just 
and  liberal  regard  to  all  the  branches 
of  American  industry,  as  well  as  by 
the  failure  of  measures  heretofore 
adopted  with  this  view. 

Resolved,  That  this  house  regards 
with  great  satisfaction  the  course  al- 
ready taken  by  those  who  represent 
this  commonwealth  in  congress,  in 
reference  to  this  subject,  and  that  we 
rely  with  great  confidence  upon  their 
continued  efforts  to  accomplish  what 
a  sense  of  justice  and  a  regard  to  the 
interests  of  the  whole  community 
shall  require  in  the  premises. 

STATUE  OF  WASHINGTON. — The 
following  resolution  was  passed,  Jan. 
4, 1828,  by  the  legislature,  on  express- 
ing their  acceptance  of  the  gift  of  the 
statue  of  Washington : 

Resolved,  That  the  legislature  of 
this  commonwealth  accepts  the  sta- 
tue of  Washington,  upon  the  terms 
and  conditions  on  which  it  is  offered 
by  the  trustees  of  the  Washington 
Monument  Association ;  and  enter- 
tains a  just  sense  of  the  patriotic  feel- 
ing of  those  individuals  who  have 
done  honour  to  the  state,  by  placing 
in  it  a  statue  of  the  man,  whose  life 


was  among  the  greatest  of  his  coun- 
try's blessings,  and  whose  fame  is  her 
proudest  inheritance. 

PRIVILEGE. In  January,  1828, 

the  question  was  agitated  before  the 
senate  as  to  the  right  of  a  committee 
of  congress  to  summon  a  member  of 
the  Massachusetts  legislature  to  at- 
tend before  it,  and,  though  it  was 
strenuously  contended  that  Congress 
had  no  right  to  summon  a  member 
while  attending  the  legislature,  yet 
leave  of  absenc  for  three  weeks  was 
granted  to  the  member  subpoenaed. 
January  25th,  1828.— The  follow- 
ing message  relative  to  the  contem- 
plated railway  from  Boston  to  Provi- 
dence, was  communicated  to  both 
houses,  by  Gov.  Lincoln  : 
Gentlemen  of  the  Senate  and  House 
of  Representatives, 

The  board  of  internal  improve- 
ments have  just  now  furnished  me 
with  their  report  in  reference  to  a 
railway  from  the  city  of  Boston  to 
Providence,  in  the  state  of  Rhode 
Island,  together  with  a  memoir  of  the 
survey,  and  a  plan  of  the  routes,  by 
the  engineers,  and  an  estimate  of  ex- 
penses for  the  construction  of  the 
work. 

By  the  report  and  survey,  the  fol- 
lowing propositions  appear  to  be  es- 
tablished : 

That  the  rail  road  may  be  construc- 
ted on  either  of  the  two  routes,  de- 
signated as  eastern  and  western,  with 
little  preference  to  the  election  be- 
tween them,  and  in  length  of  way 
not  greater  than  the  present  turnpike 
road. 

That  the  inequalities  of  country, 
through  the  whole  distance,  may  be 
reduced  for  the  track  of  the  road,  to 
an  elevation  at  most  of  30  feet  in  a 
mile,  except  in  a  single  short  section, 
where  it  will  not  exceed  60  feet. 

That  horse  power  will  be  most  ex- 
pedient for  application  to  the  uses  of 
this  road. 

That  the  power  of  a  single  horse, 
working  seven  hours  in  a  day,  and 
travelling  at  the  rate  of  three  miles  an 
hour,  will  be  equal  to  the  draft  over 
the  road  of  at  least  eight  tons  weight, 


MASSACHUSETTS. 


113 


inclusive  of  the  weight  of  the  car- 
riage, except  on  the  section  of  great- 
est inclination,  where  additional  pow- 
er may  conveniently,  and  with  little 
expense,  be  applied.  And  that  the 
same  power  of  a  single  horse,  work- 
ing three  hours  a  day,  will  convey  a 
carriage  with  twenty-five  passengers, 
at  the  speed  of  nine  miles  an  hour. 

That  the  best  mode  of  constructing 
the  road  will  be  with  foundation  tracks 
of  granite,  having  a  flat  bar  of  iron  se- 
cured by  bolts  to  the  upper  surface  of 
the  stone,  on  which  the  wheels  of  the 
carriage  are  to  move. 

That  one  set  of  tracks,  with  suita- 
ble offsets  and  short  side  tracks,  at 
equal  distances  on  the  road,  will  be 
sufficient  for  the  convenient  accom- 
modation of  the  travel. 

That  the  expense  of  constructing 
the  road,  in  the  most  thorough  man- 
ner, with  durable  materials,  will  not 
exceed  eight  thousand  dollars  per 
mile,  and  with  proper  additional  al- 
lowances for  offsets  and  occasional 
side  tracks,  the  whole  expense  will 
fall  short  of  three  hundred  and  fifty 
thousand  dollars,  exclusive  of  the 
compensation  which  may  be  exacted 
for  land  taken  for  the  use  of  the  road, 
which  it  is  suggested  will  probably  be 
inconsiderable. 

That  from  satisfactory  estimates 
and  calculations  upon  the  present 
travel  and  occasion  of  transportation, 
the  nett  income  of  the  receipts  from 
the  use  of  the  road,  after  deducting 
all  charges  for  keeping  it  in  repair, 
carriages,  &c.  and  upon  a  saving  of 
one  half  in  the  present  cost  of  trans- 
portation, will  amount  to  a  sum  ex- 
ceeding sixty  thousand  dollars  per 
annum. 

In  their  report,  which  makes  nine- 
ty-four pages  of  letter  paper,  the  com- 
missioners say :  "  According  to  the 
estimates,  the  passages  of  persons 
will  be  equivalent  to  50,000  over  the 
whole  length  of  the  road  at  $1  each  ; 
the  transportation  in  wagons,  equiva- 
lent to  that  of  8,450  tons  through  the 
route,  4,625  tons  at  an  average  price 
of  $4.75  per  ton,  and  3,825  tons,  [7£ 
cents  per  mile  per  ton,]  at  $3.15, 
giving  the  cross  receipts  of  $84,000, 


deducting  from  which  6,750  for  ex- 
penses of  horses,  carriages  and  dri- 
vers for  conveying  passengers ;  3,505 
for  expenses  of  heavy  transportation^; 
also  ten  per  cent,  on  these  accounts 
to  cover  any  error  by  under  estimates 
of  these  expenses,  and  allowing  4,000 
dollars  per  annum  for  superintend- 
ence and  repairs,  making  nearly 
$15,400  ;  leaves  a  nett  income  of 
little  over  68,000  dollars." 

The  following  resolutions  passed 
the  house  of  representatives  of  Mas- 
sachusetts, on  the  19th  Feb.  after  dis- 
cussion :  225  yeas,  25  nays  : 

Resolved,  As  the  sense  of  the  house 
of  representatives,  that  we  approve  of 
the  conduct  of  John  Q,.  Adams,  pre- 
sident of  the  United  States,  and  that 
we  feel  a  deep  and  increasing  interest 
in  his  re-election  to  that  high  office, 
which  his  talents  and  patriotism  pre- 
eminently qualify  him  to  fill,  with  ho- 
nour to  himself  and  usefulness  to  his 
country. 

Resolved,  That  we  approve  the 
judicious,  honourable,  and  patriotic 
course  pursued  by  Henry  Clay,  in  re- 
ference to  the  last  presidential  elec- 
tion, and  that  we  highly  appreciate 
the  fidelity  and  ability  with  which  he 
performs  the  duties  of  his  present  el- 
evated station. 

Resolved,  That  we  approve  the  en- 
lightened policy  which  has  character- 
ized the  measures  of  the  present  na- 
tional administration,  and  that,  for 
the  support  of  such  measures,  we  rely 
with  confidence  upon  the  generous 
co-operation  of  the  other  states  of  the 
union. 

February,  1828. — A  resolution  was 
passed,  assigning  two  hundred  acres 
of  land  to  each  non-commissioned 
officer  and  soldier,  who  enlisted  and 
served  three  years  during  the  revolu- 
tionary war,  and  received  an  honour- 
able discharge. 

In  February  1828,  Gov.  Lincoln 
submitted  to  the  legislature  the  fol- 
lowing message  respecting  the  reso- 
lutions passed  by  the  legislature  of 
Georgia  relative  to  the  tariff: — 

"  Gentlemen  of  the  Senate,  and  of 
the  House  of  Representatives  : 

"  His  excellency,  governor  For- 


14] 


ANNUAL  REGISTER— 1827-8-9. 


syth,  of  Georgia,  has  forwarded  to 
me,  for  the  purpose  of  having  laid  be- 
fore this  legislature,  a  report  adopted 
by  the  two  branches  of  the  general 
assembly  of  that  state,  on  the  sub- 
jects of  the  tariff  and  of  internal  im- 
provements. This  document  de- 
nounces as  flagrant  usurpation,  the 
exercise  of  the  power,  on  the  part  of 
the  general  government,  to  encourage 
domestic  manufactures,  or  to  promote 
internal  improvements,  and  in  no 
equivocal  terms  of  opposition  and  de- 
termined resistance,  invites  the  con- 
currence of  such  of  the  states  as  may 
approve  of  these  principles,  and 
gives  notice  to  those  who  may  dissent 
from  them,  '  that  Georgia,  as  one  of 
the  contracting  parties  to  the  federal 
constitution,  and  possessing  equal 
rights  with  the  other  contracting 
party,  will  insist  upon  the  construc- 
tion of  that  instrument,  contained  in 
said  report,  and  will  submit  to  no 
other.' 

"  How  far  declarations,  thus  threat- 
ening the  very  existence  of  the 
confederacy,  are  called  for  by  any 
occasion,  or  in  what  better  manner 
they  can  be  met,  than  with  a  sad  and 
reproving  silence,  I  respectfully  sub- 
mit to  your  dispassionate  considera- 
tion. That  they  are  directly  opposed 
to  the  sentiments  of  this  legislature, 
many  recent  votes  and  measures  will 
distinctly  and  emphatically  testify. — 
That  they  would  be  disapproved,  on 
reference  to  our  constituents,  cannot 
be  doubted.  The  concurrence  of 
Massachusetts  in  the  political  doc- 
trines avowed  in  the  report,  could  not 
have  been  anticipated,  and  the  receipt 
of  the  document  may  therefore  the 
rather  be  regarded  as  notice  to  her  of 
a  determination  not  to  submit  to  that 
construction  of  the  constitution, 
which,  probably,  will  be  maintained 
here,  with  a  purpose  as  firm,  if  not 
in  language  as  ardent,  as  shall  en- 
force the  resolves  of  her  sister  state. 
"LEVI  LINCOLN. 

"  Council  chamber,  Feb.  20.  18'«;8." 

The  legislature  of  Massachusetts 
adjourned,  March  13,  1828,  after  the 
longest  session  since  the  formation 


of  the  government,  viz :  ten  weeks 
and  one  day.  They  passed  114  acts, 
and  a  number  of  resolves. 

May  28, 1828.— This  day  being  the 
last  Wednesday  of  May,  which  is  the 
commencement  of  the  political  year 
in  this  state,  the  legislature  convened 
at  Boston.  In  the  senate,  after  five 
ballotings,  Sherman  Leland  was  cho- 
sen president,  and  in  the  house,  on 
the  third  ballot,  Wm.  B.  Calhoun 
was  chosen  speaker. 

Previous  to  the  choosing  of  officers, 
the  governor,  attended  by  the  council 
and  lieutenant  governor,  came  in  and 
administered  the  oaths  to  the  mem- 
bers. After  the  organization  of  the 
legislature,  all  the  branches  of  the  go- 
vernment attended  divine  service,  a- 
greeably  to  the  ancient  usage,  in  the 
old  south  meeting  house,  the  same 
which  was  used  as  a  riding  school  by 
the  British  officers,  when  stationed  in 
Boston  at  the  commencement  of  the 
revolution. 

In  June  8000  dollars  were  appro- 
priated for  rail  road  surveys. 

The  second  session  of  the  legisla- 
ture for  the  year  1828-9  was  productive 
of  the  following  results,  as  stated  by 
the  Boston  Evening  Gazette,  which 
gives  the  following  brief  history  of 
the  session : 

The  legislature  of  Massachusetts, 
on  the  5th  of  March,  1829,  were  pro- 
rogued by  the  governor,  after  a  ses- 
sion of  upwards  of  eight  weeks,  dur- 
ing which  they  passed  only  about 
twenty  acts  of  a  public  nature,  and 
more  than  ninety  of  a  private  and  lo- 
cal character.  Sixty-two  of  these  re- 
lated to  incorporations  of  Banks,  of 
Insurance  Offices,  of  Manufacturing 
and  other  companies.  They  have  au- 
thorized county  taxes  to  the  amount 
of  143,100  dollars,  and  refused  a  state 
tax,  the  proportion  of  which,  for  the 
same  counties,  would  have  been  fifty 
thousand  dollars ;  the  state  tax  being 
only  about  one  third  part  of  the  coun- 
ty taxes. 

Mr".  Nathaniel  Silsbee  was  re-elect- 
ed a  senator  of  the  United  States  from 
the  3d  of  March,  1829.  In  the  sen- 
ate the  votes  were,  30  for  Mr.  Silsbeer 


MASSACHUSETTS. 


[15 


4  scattering.  In  the  house,  182  for 
Mr.  S.,  87  scattering. 

GOVERNOR. — Mr.  Lincoln  was  re- 
elected  governor  for  the  year  1829, 
by  a  large  majority.  The  legislature 
convened  on  the  27th  May,  1829. 
Samuel  Lathrop  was  chosen  presi- 
dent of  the  senate,  and  William  B. 
Calhoun  speaker  of  the  house  of  rep- 
resentatives ;  Mr.  C.  receiving  431 
out  of  432. 

The  legislature  of  Massachusetts 
was,  on  the  12th  of  June,  1829,  pro- 
rogued by  the  governor,  at  the  request 
of  the  two  houses,  to  the  first  Wed- 
nesday in  January  next.  Twenty- 
seven  acts  have  been  passed  during 
the  session,  nearly  all  of  which  are  of 
a  private  character.  The  most  im- 
portant act  is  that  which  levies  a  state 
tax  of  75,000  dollars,  to  be  assessed 
in  proportion  to  the  property  owned 
by  each  person  on  the  first  of  May 
last,  it  being  the  first  direct  tax  which 
has  been  laid  since  the  year  1824.  In 
the  mean  time  the  small  amount  of 
funds  which  belonged  to  the  state  has 
been  expended,  for  defraying  the  ba- 
lance of  the  ordinary  charges  of  the 
government,  after  applying  to  this 
object  the  produce  of  the  indirect 
taxes,  and  a  small  debt  has  been  ac- 
cumulated. A  resolve  was  passed 
by  both  houses,  requesting  the  Direc- 
tors of  Internal  Improvement  to  make 
a  further  report  of  such  information 
as  they  may  procure,  and  which  they 
may  judge  useful,  in  relation  to  the 
proposed  rail  roads,  at  the  next  ses- 
sion of  the  legislature. 

In  1829  there  were  235  incorpo- 
rated manufactories  in  this  state.  A 
large  proportion  of  them  manufacture 
cotton,  wool,  and  iron ;  besides  these 
there  are  incorporated  companies  for 
the  manufacture  of  glass,  hats, 
leather,  wire,  files,  lead,  duck,  pins, 
soap-stone,  cordage,  salt,  calico, 
brass,  copper,  lace,  umbrellas,  linen, 
hose,  ale  and  beer,  type,  cotton  gins, 
cards,  glass  bottles,  paper,  lead  pipe, 
&c.  The  oldest  incorporation  is  in 
1794,  of  a  woollen  manufactory  in 
Newburyport. 


LOWELL. — Twelve  hundred  fe- 
males between  the  ages  of  12  and  30 
were  employed  in  1828  in  the  cotton 
factories  in  this  place.  In  July, 
1828,  seven  mills  were  in  operation, 
and  in  which  there  were  manufac- 
tured weekly  over  125,000  yards  of 
cotton  cloth ;  two  more  mills  were 
ready  to  receive  their  machinery 
when  it  should  be  completed ;  two 
more  were  being  erected,  together 
with  a  large  building  for  a  carpet  fac- 
tory. 

LACE. — There  is  a  lace  establish- 
ment at  Ipswich,  Mass,  in  which  500 
persons  are  employed,  principally 
young  ladies,  and  it  is  the  only  estab- 
lishment of  the  kind  in  the  United 
States,  where  lace  is  manufactured 
from  the  thread. 

APPLETON  COMPANY. — This  Com- 
pany was  incorporated  in  1828,  with 
a  capital  of  $500,000.  Since  1828, 
there  has  been  erected  two  mills  for 
4.000  spindles  each,  with  looms,  &c. ; 
thirty-six  three-story  dwelling  houses, 
and  a  house  for  the  agent,  all  of 
brick. 

SALT. — By  returns  made  from  the 
several  towns  in  the  county  of  Barn- 
stable,  Nov.  1828,  to  the  collector  of 
Barnstable  district,  it  appears  that 
384,254  bushels  of  salt  have  been 
made  in  that  county  the  present  year 
— 59,198  feet  of  works  have  also  been 
built.  The  largest  quantity  was  made 
in  the  town  of  Yarmouth,  being61,050 
bushels. 

It  is  estimated  that  the  total  surface 
of  vats  in  New  Bedford  and  neigh- 
bourhood amounts  to  1,800,000  square 
feet.  The  cost,  including  the  land, 
is  one  dollar  per  foot.  From  five  to 
six  hundred  thousand  bushels  of  salt 
are  annually  produced,  the  value  of 
which  is  at  least  two  hundred  thou- 
sand dollars.  The  fixtures  constitute 
not  far  from  four  fifths,  and  labour  one 
fifth  the  expense  of  manufacturing. 
BOSTON. — The  population  of  Bos- 
ton, by  the  census  of  the  U.  States, 
in  1820,  was  43,298— by  the  census 
taken  by  the  city,  in  1825,  it  was 
58,277,  making  an  increase  in  the 
five  years  of  14,979,  or  annual  gain  of 


ANNUAL  REGISTER— 1827-8-9. 


nearly  7  per  centum.  The  number  of 
deaths  in  the  year  1822,  giving  the 
population  at  the  increase,  was  1,203, 
or  2-*-  per  centum  nearly.  In  the  year 
1826  the  deaths  amounted  to  1,259, 
or  about  2  per  centum  on  the  whole 
number.  In  other  words,  Boston, 
with  a  population  of  over  60,000  in- 
habitants, in  1826,  lost  no  more  by 
deaths  than  when  it  contained  50,000 
inhabitants  in  1822. 

ACCIDENT. — On  the  30th  April, 
1828,  a  large  number  of  persons  who 
had  collected  on  a  platform,  to  wit- 
ness the  ceremony  of  laying  the  cor- 
ner stone  of  a  new  Methodist  church, 
about  to  be  erected  in  Boston,  were 
precipitated  into  the  cellar  of  the  pro- 
posed building,  in  consequence  of  the 
breaking  of  one  of  the  beams  that 
supported  the  structure,  whereby  six- 
ty persons  were  wounded,  from  twen- 
ty to  twenty-five  of  whom  being  very 
much  hurt,  and  three  or  four  danger- 
ously. 

MONIED  INSTITUTIONS. — In  1829 
there  were  16  banks  in  the  city  of 
Boston,  having  an  entire  capital  of 
$15,050,000,  and  upon  which  the  di- 
vidend declared  was  $853,625.  The 
amount  of  paper  discounted  was 


$85,362,996.  The^Marine  Insurance 
Company  had  a  capital  of  $900,000, 
and  the  amount  of  dividend  declared 
was  $45,000.  The  Fire  and  Marine 
Insurance  had  a  capital  of  $4,600,000, 
and  the  amount  of  dividend  declared 
was  $398,900. 

FINANCES. — From  a  report  of  the 
receipts  and  expenditures  of  Boston 
for  the  year  1828,  it  appears  that  the 
amount  of  the  city  debt,  May  1, 1827, 
was  $1,011,775,  and  that  May,  1, 
1828,  it  was  $949,350.  This  was 
further  reduced  within  the  year  1829 
to  $637,256,  after  deducting  from  this 
sum  $267,806.76,  the  amount  of  bonds 
and  notes  held  by  the  city.  This  debt 
was  chiefly  caused  by  the  late  valua- 
ble improvements  made,  which  yield 
a  large  revenue  to  aid  in  extinguish- 
ing the  debt,  and  which  are  estimated 
to  be  worth  $707,000. 

Jan.  3,  1829. — Josiah  Quincy,  af- 
ter a  most  energetic  and  prosperous 
administration  of  the  municipal  affairs 
of  Boston  for  six  years,  took  his  leave 
of  the  corporation. 

Harrison  Gray  Otis,  after  Mr.  Quin- 
cy withdrew  from  the  canvass,  was 
elected  mayor,  having  received  2,970 
out  of  4,546  votes. 


VERMONT. 


October,  1827.— The  legislature 
met  at  Montpelier  on  Thursday  the 
llth  instant,  when  Robert  H.  Bates, 
Esq.  was  chosen  speaker,  Timothy 
Merrill,  Esq.  clerk  of  the  house,  and 
Norman  Williams,  Esq.  secretary  of 
State.  For  governor,  Ezra  Butler 
received  13,699  votes,  and  Henry 
Olin  9,416  for  lieutenant-governor. 
Both  were  therefore  declared  to  be 
duly  elected. 

The  following  resolution  passed  the 
house  of  representatives  in  Vermont, 
on  the  31st  October,  164  to  33 : 

Resolved,  That  in  the  opinion  of 
this  house,  the  policy  adopted  by  the 
present  administration  of  the  general 
government,  is  well  calculated  to  pro- 
mote the  permanent  prosperity  of  the 
nation,  and  is  approved  by  the  people 


of  Vermont — and  that  the  election 
of  John  Quincy  Adams  to  the  presi- 
dency of  the  United  States  is  an  ob- 
ject highly  desirable. 

A  large  bed  of  manganese  was  found 
in  Chittenden  township  in  this  state. 

The  following  is  a  brief  abstract  of 
the  "  general  list"  for  1827,  for  the 
state  of  Vermont : 

Polls,                                               No.  91,930 

Acres  of  land,  1,082,993 

Value  of  ditto,                           dolls.  8,361,231 

Houses,                                         No.  35,986 

Value  of  ditto,                            dolls.  6,988,389 

Mills,  stores,  distilleries,  &c.       No.  1,979 

Value  of  ditto,                            dolls.  1,004,905 

Oxen,                                              No.  41,755 

Cows  and  other  cattle— 3  yrs.  old,  130,871 

2  yrs.  old,  50,835  - 
Horses,  mules,  &c.  (1  year  old  and 

upwards,)  51,394 

Stallions,  413 

Jacks,  54 

Sheep.  702.409 


VERMONT. 


[17 


Carriage's, 

,  House  clocks  of  brass. 
<>old  watches, 
Other  watches, 
Money  on  hand  and  debts, 
Bank  and  Insurance  stock?1, 
Attorneys, 
Physicians,  &c. 


Ko.  799 

"  1,758 

'«  268 

"  3,607 

dollB.    1,242,695 
281,342 
147 
206 


No. 


There  are  817  horses  exempted,  as 
cavalry  horses,  and  7,072  militia  polls, 
other  than  those  equipped,  exempted. 

The  list  is  to  show  the  taxable  pro- 
perty and  persons  of  the  state,  at  the 
rate  of  assessment  provided  by  law, 
which  gives  no  idea  of  the  real  value, 
unless  in  some  cases. 

May,  1828. — A  destructive  fire  in 
the  woods  in  Washington  county  de- 
stroyed a  great  quantity  of  timber, 
and  many  buildings,  &c. 

In  June,  1828,  a  convention  was 
held  at  Montpelier,  in  pursuance  to  a 
call  of  the  board  of  censors,  who  had 
been  previously  appointed  to  revise 
and  propose  amendments  to  the  con- 
stitution of  the  state.  The  principal 
amendments  proposed  were,  to  abolish 
the  council,  and  to  establish  in  lieu  of 
it  a  senate,  which  should  have  con- 
current power  with  the  house  in  ori- 
ginating and  passing  laws.  It  has 
been  heretofore  contended  for  by  some, 
and  decided  by  the  house  of  represen- 
tatives, that  the  council  only  had 
power  to  concur  in  the  passage  of  bills, 
or  to  propose  amendments  to  them ; 
and  that  if  the  council  refuses  to  do 
either  of  these  things,  that  the  bill  be- 
came a  law  by  being  passed  again  by 
the  house  at  the  ensuing  session,  with- 
out being  sent  to  council.  The  coun- 
cil before  consisted  of  twelve  council- 
lors, elected  by  general  ticket  or  by 
the  state  at  large.  In  their  room  it 
was  now  proposed  to  have  twenty- 
eight  senators,  elected  by  districts.  It 
was  also  proposed  to  amend  the  con- 
stitution relative  to  the  naturalization 
of  foreigners,  so  that  the  law  of  the 
state  should  conform  to  the  law  of  the 
United  States. 

The  convention,  after  having  con- 
tinued in  session  two  or  three  days, 
adjourned,  having  adopted  none  of  the 
proposed  amendments,  except  that 
which  related  to  naturalization. 

In  the  same  month  a  Jackson  con- 

VOL.  III.  3 


vention  was  held  at  the  capitol.  Aii 
address  was  submitted  by  it  to  the 
people,  and  an  electoral  ticket  was 
agreed  upon .  A  meeting  of  the  friends 
of  the  administration  was  held  at  the 
same  time,  in  which  resolutions  were 
passed  expressive  of  the  sense  of  the 
meeting. 

October,  1828. — The  legislature 
convened  at  Montpelier,  and  upon  the 
votes  being  counted,  it  was  declared 
that  the  Hon.  Samuel  C.  Crafts  was 
elected  governor,  and  the  Hon.  Hen- 
ry Olin,  lieutenant  governor,  for  the 
year  ensuing.  These  gentlemen  re- 
ceived a  large  majority  of  the  votes. 
The  former  representatives  to  con- 
gress were  re-elected  by  a  large  ma- 
jority, with  the  exception  of  Mr. 
Wales,  who  was  succeeded  by  Horace 
Everett,  and  of  Mr.  Buck,  who  was 
succeeded  by  William  Cahoon. 

During  the  session  of  the  legisla- 
ture an  attempt  was  made  to  pass  a 
law  for  the  abolishment  of  imprison- 
ment for  debt,  but  the  attempt  was  un- 
successful. A  resolution  was  also 
passed  approving  of  the  policy  of  the 
administration  of  president  Adams. 

In  November  the  election  of  elec- 
tors of  the  president  and  vice  presi- 
dent took  place.  The  Adams  ticket 
received  25,363  votes,  and  the  Jack- 
son ticket  8350. 

In  the  summer  of  1899,  another 
Jackson  convention  met  at  Montpe- 
lier, and  nominated  Mr.  Doolittle  as 
candidate  for  the  office  of  governor, 
and  Mr.  Fitch  for  that  of  lieutenant 

governor 

In  August,  1829,  an  Anti-Masonic 
convention  was  held  at  Montpelier. 
This  convention  nominated  Heman 
Allen,  former  minister  to  Chili,  as  can- 
didate for  governor,  and  also  nomina- 
ted a  candidate  for  the  office  of  lieu- 
tenant governor,  and1  proposed  a  tick- 
et of  councillors.  A  committee  was 
also  appointed  to  prepare  and  submit 
an  address  to  the  people.  In  Sep- 
tember the  election  of  state  officers 
took  place.  Of  the  votes  for  governor, 
Mr.  Crafts  received  about  14,000,  Mr. 
Allen  about  7,000,  and  Mr.  Doolittle 
about  3,000 


18] 


ANNUAL  REGISTER— 1827-8-9. 


The  legislature  convened  in  Octo- 
ber, and  after  a  session  of  about  three 
weeks  adjourned.  The  only  law  of 
importance  passed  was  one  modifying 
the  militia  law,  rendering  it  necessary 
by  statute  for  the  militia  to  turn  out 
only  once  a  year. 

FIFTH  CONGRESSIONAL  DISTRICT. 
— One  of  the  most  obstinate  elections 
that  has  occurred  in  this  state,  agita- 
ted this  district  during  the  last  year. 
At  the  September  election,  1828, 
three  different  candidates  were  run 
for  congress  ;  one  by  the  Jackson  par- 
ty, one  by  the  Anti-Masonic  party, 
and  one  by  those  opposed  to  both 
these  parties.  After  various  attempts, 
and  after  the  contest  had  assumed  dif- 
ferent aspects,  from  starting  new  can- 
didates, a  choice  was  at  last  made  in 
November,  1829,  at  the  eighth  trial, 
of  the  Anti-Masonic  candidate,  by  a 
majority  of  1,069  votes  over  his  com- 
petitor. 

EDUCATION. — There  are  two  col- 
leges, two  medical  schools,  and  about 
twenty  incorporated  academies  in  the 
state.  In  the  University  of  the  state, 
at  Burlington,  a  new  course  of  instruc- 
tion has  been  adopted,  by  which  it  is 
left  optional  with  the  student  to  pur- 
sue what  studies  he  pleases  ;  but  who 
is  only  to  receive  a  certificate  of 
his  acquirements,  unless  he  goes 
through  with  what  is  styled  the  full 
course,  which  includes  the  study  of 
the  ancient  languages,  in  addition  to 
the  modern.  Each  town  is  also  di- 
vided into  school  districts,  in  which 
schools  are  usually  open  from  three  to 
six  months  in  a  year. 

SALT. — A  company  has  been  form- 
ed and  incorporated  for  the  purpose 
of  boring  for  salt  at  Montpelier.  Many 
thought  salt  could  be  obtained  there 
as  well  as  in  the  western  states,  and 
it  was  concluded  to  make  the  experi- 
ment. An  individual  acquainted  with 
the  business  was  procured  from  Ohio, 
and  the  distance  penetrated  through 
solid  rock  is  already  between  seven 
and  nine  hundred  feet. 

BANKS. — There  are  nine  banks  in 
this  state.  According  to  the  report 
of  the  inspector,  dated  April  1, 1828, 


it  appears  that  the  banks  in  operation 
at  that  time  had  paid  in  $370,616  ca- 
pital stock ;  that  they  had  on  hand  in 
specie  and  specie  funds,  $674,904.27, 
and  were  authorized  by  their  charters 
to  circulate  bills  to  the  amount  of 
$1,188,498.88,  but  had  in  circulation 
only  $949,844.53. 

STATE  PRISON. — The  number  of 
convicts  in  the  prison  on  the  first  of 
October,  1827,  was  134 ;  on  the  first 
of  October,  1828,  it  was  123.  The 
convicts  are  chiefly  employed  in 
weaving  cotton  goods  by  hand  looms, 
and  180,000  yards  were  woven  during 
the  last  year.  The  disbursements  of 
the  prison  for  the  year  ending  Sep- 
tember 30,  1829,  exceeded  the  in- 
come received  from  it,  by  the  sum  of 
$652.08. 

TREASURY. — From  the  auditor's 
report  for  the  year  ending  30th  Sep- 
tember, 1829,  it  appears  that  the  re- 
ceipts and  expenditures  were  as  fol- 
lows : 

RECEIPTS. 

Balance  in  the  treasury  at  last  set- 
tlement, f8,314  56 

Interest  on  arrearages,  644  72 

Cash  received  of  State's  attorneys,  1,887  34 

On  bonds  given  commissioners  of 

deaf  and  dumb,  105  00 

Agents  of  foreign  Insurance  Com- 
panies, 201  72 

Of  clerk  of  Windsor  county,  ba- 
lance of  county  court  fees,  72  26 

On  dividends  of  the  several  banks,  1,862  00 

Pedlers'  licenses,  799  23 

On  State  Bank  debts,  4,330  23 

Of  principal  of  school  fund,  289  75 

Cash  received  of  school  fund  in 

treasury  last  year,  215  43 

Cash  received,  interest  on  school 

fund,  827  30 

On  taxes,  39,942  46 

Total,  959,492  05 

EXPENDITURES. 

Cash  paid  debentures  of  last  gene- 
ral assembly,  and  the  salaries  of 
the  judges  of  the  Supreme  Court,    $  14,302  00 
Several  State's  attorneys,  1,619  72 

Supreme  Court  orders,  15,987  14 

Auditor's  do.  3,725  93 

Wolf  certificates,  260  10 

Commissioners  of  deaf  and  dumb,  2,400  00 
Superintendents  of  State  Prison,  2,205  40 

On  special  acts,  569  08 

Electors  of  President  and  Vice  Pre- 
sident, 78  36 
Salaries  of  the  Secretary  of  State, 
Clerk  of  the  House,  Secretary  of 
Governor  and  Council,  Auditor 
of  accounts,  Engrossing  Clerk, 
Governor  and  Commissioners  of 
School  Fund,  2.475  30 


RHODE  ISLAND. 


[19 


Cash  applied  to  School  Fund, 
Balance  in  the  treasury, 


8,060  00 
7,809"  32 


Total,  $59,492  05 

COPPERAS. — An  extensive  mine  of 
the  sulphnret  of  iron,  from  which  the 
first  quality  of  copperas  is  obtained, 
was  discovered  a  few  years  since  on 
Mill  River,  in  the  township  of  Shrews- 
bury, by  a  Mr.  Robinson,  who  sold 
-the  same  to  the  Vermont  Mineral 
Factory  Company,  for  the  sum  of 
$5,000.  This  Company,  residing 
principally  in  Boston,  have  been  en- 
gaged in  the  manufacture  of  copperas 
for  twenty-five  years  past,  at  Strafford, 
in  the  same  state.  They  commenced 
the  manufacture  of  copperas  in 
Shrewsbury,  1828,  and  in  July,  1829, 
were  manufacturing  about  a  ton  and  a 
half  per  day,  and  it  was  estimated 


would  be  able  to  manufacture  enough 
to  supply  the  United  States. 

IRON. — Iron  of  an  excellent  quality 
has  been  discovered  in  Milton,  near 
Lake  Champlain,  and  also  in  some 
other  parts  of  the  state. 

COMMERCE. — There  was  exported 
from  the  state,  during  the  year  1828, 
by  the  Champlain  canal,  70  millions 
sup.  feet  sawed  timber,  1£  millions  of 
cubic  feet  of  round  and  square  tim- 
ber, 1,159  tons  of  bar  and  round  iron, 
98  pig  iron,  161  iron  ore,  38  nails, 
523  whiskey,  84  pork,  346  lime,  69 
beef,  322  marble,  153  wool,  14  corn, 
52  flour,  201  wheat,  50  beans,  102 
rye,  116  cheese,  89  butter,  112  ashes, 
45  manganese,  17  staves,  290  hoop 
poles  and  hoops,  and  other  articles. 


RHODE  ISLAND. 


The  following  was  the  situation  of 
the  Treasury  for  the  six  months  be- 
tween Oct.  25th,  1828,  and  April  29th, 
1829. 

Balance  in  the  Treasury,  October, 
1828,  $11,731  16 

Receipts  for  the  six  months  follow- 
ing, except  for  free  schools,  8,795  92 

»20,527  08 

Expenditures  during  the  same  time,     11,673  03 
Balance  In  Treasury  to  new  account,    8,854  05 

20,527  08 

The  Legislature  of  Rhode  Island 
commenced  its  session  on  the  7th 
inst.  The  Hon.  Job  Durfee  was 
chosen  Speaker  of  the  House  of  Re- 
presentatives, and  William  S.  Patten 
and  William  R.  Staples,  Clerks. 

May,  1828. — BANKS. — In  October, 
1828,  there  .were  forty-seven  banks 
in  the  state.  Their  capital  stock 
paid  in,  was 

Capital  stock  paid  in,  96,151,912  00 

Deposites,  1,000,595  39 

Profits  on  hand,  165,618  93 

Debts  due  from  the  banks,  173,139  14 

Bills  in  circulation,  887,969  67 

Debts  due  from  directors,  857,890  41 
Debts  due  from  the  stockholders,       624,519  59 

Debts  due  from  all  others,  6,026,584  11 

Specie,  357,612  07 

Bills  of  other  banks,  163,881  50 

Deposited  in  other  banks,  150,353  14 

Bank  and  other  stock,  74,769  00 

United  States  stock,  32,403  41 

Real  estate,  218,008  22 

Furniture  and  other  property,  9,543  98 

SCHOOLS. — In  January,  1828,  the 


Legislature  appropriated  $10,000 
annually  for  the  support  of  common 
schools,  to  be  divided  among  the  se- 
veral towns  in  proportion  to  the  popu- 
lation, with  authority  for  each  town 
to  raise  by  annual  tax,  double  the 
amount  of  their  proportion  of  the 
$10,000.  The  number  of  schools 
established  under  the  act  are  esti- 
mated at  60,  and  the  whole  number 
of  schools  in  the  state  probably  ex- 
ceeds 650. 

BLACKSTONE  CANAL. — The  canal 
was  opened  in  October  1828,  and  the 
first  packet  boat  arrived  at  Worcester 
from  Providence  with  a  cargo  of  ca- 
nal commissioners,  salt,  corn,  and  a 
throng  of  ladies  and  gentlemen.  The 
canal  is  45  miles  long,  its  breadth  18 
feet  at  bottom,  and  34  upon  the  sur- 
face of  the  water. 

October,  1828.  BORING  FOR  WA- 
TER.— Mr.  Horton,  a  gentleman  en- 
gaged in  boring  for  water  in  Provi- 
dence, has  presented  to  the  public 
the  following  results.  In  his  second 
experiment  he  selected  the  extreme 
point  of  a  wharf,  many  yards  from 
the  original  land.  He  bored  first 
through  the  artificial  soil,  then 
through  a  stratum  of  mud,  then 
through  bog  meadow,  containing 
good  peat,  then  through  sand,  peb- 


ANN  IfAL  REGISTER— 1827-8-9. 


bles,  and  quartz  gravel.  At  this 
point,  water  impregnated  with  cop- 
peras and  arsenic  broke  forth,  and 
upon  proceeding  farther,  at  the  depth 
of  35  feet  below  the  bed  of  the  river, 
he  struck  upon  a  vineyard,  and  drew 
up  vines,  grapes,  leaves,  &c.  toge- 
ther with  pure  water. 

The  importations  of  cotton,  flour, 
and  grain,  into  Providence,  from  the 
southern  and  middle  states,  during  the 
year  1828,  for  home  consumption, 


amounted  to, 
Cotton, 
Flour, 
Corn, 
Eye, 
September, 


41,568  bales. 
51,113  barrels. 
425,389  bushels, 
30,473    do. 

1829. Mr.  Burgess 

and  ifrr.  Pearce  were  re-elected  repre- 
sentatives to  Congress. 

PROVIDENCE. This  is  the  great 

seat  of  the  manufacturies  of  cotton, 
and  is  extremely  flourishing.  In  Feb- 
ruary, 1828,  some  enterprising  inha- 
bitants undertook  to  make  a  canal 
from  Providence  to  Worcester.  An 
arcade,  three  stories  high,  with  28 
stores  on  the  lower  floor,  and  an 
equal  number  of  rooms  on  the  second 
and  third,  and  each  front  ornamented 
with  six  Corinthian  pillars  of  granite, 
was  also  erected. 

The  ground  plan  of  the  arcade  is  in 
the  form  of  a  Latin  cross — the  body  of 
which,  extending  from  Westminster- 
street  on  the  north,  to  Weybosset- 
street  on  the  south,  measures  226  by 
72  feet.  The  traverse,  forming  the 
arms  of  the  cross,  is  120  by  45  feet, 
making  a  projection  of  24  feet  on  each 
side  of  the  main  building. 

The  front,  on  each  street,  consists 


of  a  'portico  in  the  Ionic  order,  1'Z 
feet  long  on  the  outside,  by  15  feet 
deep,  a  copy  of  one  of  the  most  cele- 
brated Grecian  models. 

The  porticos,  including  steps,  side- 
walls,  platforms,  entablatures,  pedi- 
ment, acroteria,  and  fastigium,  are  of 
hammered  granite.  The  other  walls 
are  of  common  building  stone,  stuc- 
coed in  a  superior  manner,  in  imita- 
tion of  granite.  All  the  interior  par- 
titions, from  the  ground  to  the  roof, 
are  of  substantial  brick  or  stone  ma- 
sonry. The  floors  are  securely  laid 
in  mortar,  and  the  outside  windows 
protected  by  iron  shutters,  so  that  the 
bujjding  is  rendered  fire  proof.  The 
roof,  on  each  side  up  to  the  sky  light, 
is  covered  by  tin. 

In  addition  to  these,  a  steam  manu- 
facturing establishment,  about  300 
feet  in  length ;  a  large  and  elegant 
asylum  for  the  poor ;  a  church,  and  a 
vast  number  of  private  edifices,  are 
erecting.  The  whole  population  of  the 
place  is  not  far  from  16,000.  The 
following  is  a  statement  of  the  cotton 
trade  of  the  place,  which  was  given 
in  October,  1828 : 

Stock  of  cotton  on  band  Oct.  1, 1827,  4,822  half  s 
Importation  from  1st  Oct.  1827,  to  1st 
Oct.   1828,  (the  amount  exported 
being  deducted,)  40,930  do. 

45,558 

Deduct  stock  on  hand,  by  account 
teken  3d  September,  1828,  7,129 


Leo  ves  for  amount  of  consumption,  38,437  bales 

NEWPORT. The  lace  school  in 

this  place  is  in  great  prosperity,  and 
affords  employment  to  more  than  500 
females. 


CONNECTICUT. 


YALE  COLLEGE. — The  whole  num- 
ber of  the  alumni  of  this  institution 
amounted  in  1827  to  4,054.  Of  which 
are,  1  vice  president  of  the  United 
States,  2  secretaries  of  government, 
2  postmasters  general,  3  foreign  am- 
bassadors, 14  governors  of  states,  14 
deputy  do.,  56  judges  of  superior 
courts,  of  whom  15  are  chief  judges 
and  chancellors,  24  United  States  se- 
nators, 91  do.  representatives,  3  sign- 
ers of  the  declaration  of  independence. 


2  bishops,  23  presidents  of  colleges, 
49  professors  of  do.  Of  the  profess- 
ors in  colleges,  59  are  living,  3  now 
presidents,  and  33  acting  professors. 
COMMISSIONERS  FOR  CONNECTICUT. 
— An  act  of  the  legislature  for  1827 
authorizes  the  appointment  of  com- 
missioners for  each  state  in  the  Union, 
to  take  the  proof  and  acknowledg- 
ment of  all  deeds,  mortgages,  &c., 
referring  to  lands  in  the  state  of  Con- 
necticut ;  also,  all  instruments  under 


CONNECTICUT. 


seal  to  be  used  in  said  state.  The 
commissioner  is  further  empowered 
to  administer  oaths,  take  depositions 
to  be  read  in  all  courts  of  Connecticut, 
to  examine  witnesses  under  commis- 
sions emanating  from  courts  in  said 
state,  &c.  The  acknowledgments  ta- 
ken before  the  commissioners  are  de- 
clared as  valid  as  if  taken  before  a 
judge  of  the  supreme  court  of  the  Uni- 
ted States. 

A  bill  was  also  passed,  by  a  large  ma- 
jority, prohibiting  the  sale  of  lottery 
tickets  not  authorized  by  the  legisla- 
ture of  the  state,  under  the  penalty  of 
twenty  dollars  for  the  first  offence, 
and  a  fine  of  fifty  dollars,  and  impri- 
sonment not  exceeding  six  months, 
for  the  second. 

SCHOOL  FUND. — The  revenue  de- 
rived from  this  fund,  during  the  year 
ending  the  31st  of  March,  1828,  was 
$80,243.29.  The  dividends  made  to 
schools  from  this  sum  during  the  year 
1828,  amounted  to  $72,164.16.  The 
following  is  a  statement  of  tha  condi- 
tion of  the  fund : 

In  bonds  and  mortgages,  91,454,435  31 

Bank  stock,  97,850  00 

Cultivated  lands  and  buildings,  174,442  73 

Wild  lands  in  Ohio,  Vermont,  and 

New  York,  138,423  95 

Farming  utensils  and  stock,  1,750  00 

Cash  on  hand,  15,359  69 

Total  amount  of  capital,  91, 882,261  68 

The  state  is  divided  into  208  school 
societies,  which,  in  1828,  contained 
84,899  scholars,  between  the  ages  of 
four  and  sixteen. 

ASYLUM  FOR  THE  DEAF  AND  DUMB. 
— This  institution  is  in  Hartford.  303 
pupils  have  been  received  into  it  since 
its  commencement,  of  whom  160  have 
left  the  school,  and  143  were  remain- 
ing in  May  1829.  Of  279  pupils,  who 
have  enjoyed  the  benefit  of  the  insti- 
tution, 116  were  born  deaf,  135  lost 
their  hearing  in  infancy  or  childhood, 
and  28  were  uncertain.  The  expenses 
of  the  institution  for  the  year  1828 
were  $22,979.37,  and  the  receipts 
$23,041.51,  leaving  a  balance  of 
$62.18. 

The  annual  charge  to  each  pupil, 
including  board,  washing,  fuel,  sta- 
tionery, and  tuition,  is  $150. 

In  1829  the  state  of  Connecticut 


appropriated  $2000  to  the  Asylum. 
The  present  grant  of  Massachusetts 
is  $6500  annually,  and  which,  if  not 
expended  for  pupils  sent  to  the  Asy- 
lum for  the  term  of  4  years,  may  be  ap- 
plied to  the  continuance  of  such  as  are 
deserving.  The  states  of  Maine,  New 
Hampshire,  and  Vermont,  make  ap- 
propriations for  the  same  purpose. 

STATE  PRISON. — This  contained  in 
1829,  134  convicts,  of  whom  24  were 
under  20  years  of  age,  78  between 
twenty  and  thirty,  14  between  thirty 
and  forty,  9  between  forty  and  fifty,  5 
between  fifty  and  sixty,  2  between 
sixty  and  seventy,  and  2  over  seventy. 
The  income  of  the  prison,  for  the  year 
ending  April  let,  1829,  was  $9,105. 
54,  and  the  expenditures  for  the  same 
time,  were  $5,876.13,  leaving  a  gain 
to  the  institution  of  $3,229.41. 

MANUFACTURES. — There  were  in 
Connecticut,  in  1828,  of  various  kinds 
of  manufacture,  1850,  the  actual  va- 
lue of  which  was  $1,042,697,  as  as- 
sessed in  1826.  In  the  fall  of  1826, 
there  were  no  less  than  367,098  sheep 
in  the  state,  which  were  valued  in  the 
assessment  list  at  405,964 dolls,  which 
will  produce  on  an  average  three 
pounds  of  wool  each,  making  in  the 
sum  total  1,201,294  pounds  of  wool 
grown  in  the  state. 

MIDDLETOWN. — There  were  in  this 
place,  in  1828,  twelve  manufactories, 
employing  about  400  persons,  viz.  a 
cotton  factory,  with  2000  spindles,  a 
comb  factory,  2  of  muskets  and  rifles, 
and  one  of  pistols,  two  paper  mills, 
three  manufactories  of  machinery, 
one  of  rules  and  Gunter's  scales,  and 
a  woollen  factory,  requiring  100,000 
pounds  of  wool  annually,  and  to  which 
is  appended  a  manufactory  of  cards. 

FARMINGTON  CANAL. The  first 

boat  was  launched  upon  this  canal  on 
the  20th  of  June,  1828.  A  party  of  200 
ladies  and  gentlemen  embarked  on 
board,  on  an  excursion  in  celebration 
of  opening  the  canal. 

HARTFORD  BANK. It  was  disco- 
vered in  July,  1828,  that  the  bank  had 
been  defrauded  of  upwards  of  forty 
thousand  dollars,  by  a  clerk  of  the 
name  of  Hinsdale.  He  had  been  em- 
ployed by  the  bank  from  eighteen  to 


22] 


ANNUAL  REGISTER— 1827-8-9. 


twenty  years,  and  had  been  accustom- 
ed, from  his  first  connection  with  the 
institution,  to  make  over  drafts  upon 
his  deposites,  and  contrived  to  keep 
the  balance  by  wrong  posting.  The 
money  of  which  he  defrauded  the  bank 
was,  according  to  his  statement,  ex- 
pended in  purchasing  lottery  tickets. 

LEGISLATURE. — In  June,  1828,  it 
adjourned,  after  a  session  of  about  two 
weeks,  and  after  the  passage  of  fifty- 
two  acts. 

ELECTIONS. — Mr.  Tomlinson  was 
elected  governor  for  the  year  1827, 
and  was  re-elected  in  1828  and  1829. 
In  November,  1828,  the  Adams  elec- 
toral ticket  was  elected.  In  April, 
1829,  the  following  gentlemen  were 
elected  members  of  the  21st  congress, 
viz.  William  W.  Ellsworth,  Ralph  I. 
Ingersoll,  (re-elected,)  Noyes  Bar- 
ber, (do.)  Jabez  W.  Huntington,  Eb- 
enezer  Young,  (of  Killingly,  late 
speaker  of  the  house  of  representa- 
tives,) and  William  L.  Storrs,  (bro- 
ther of  the  member  of  that  name  from 
New  York.) 

TREASURY. — Statement  of  receipts 
and  expenditures  during  the  year 
ending  April  1st,  1829. 

RECEIPTS. 

Balance  in  the  Treasury,  $25,770  07 

Avails  of  Courts,  78  71 

Forfeited  bonds,  &c.  958  02 

Duties  on  writs  and  licenses,  10,091  42 

Notes,  &c.  3,337  42 

Dividends  on  bank  stock,  15,530  85 
Interest  on  the  United  States  funded 

debt  1,659  08 

Taxes,  36,948  49 


STATE  FUND. 

Fund  in  bank  stock, not  transferable  $327,100  04 

Fund  in  bank  stock,  transferable,        52,700  00 

do        U.  States  funded  debt,  55,302  66 

Total  fund,    $435,102  66 

BANKS. — In   1829,  there  were  13 
banks  in  the  state,  and  had  of, 

Capital,  $4,472,177  50 

Bills  in  circulation,  1,324,969  26 

Cash  on  hand,  in  other  banks,  and 

specie  funds,  1,304,399  89 

Real  estate,  with  the  exception  of 

the  Middletown  bank,  148,537  49 

STATISTICS  OF  CONNECTICUT. 

The  following  statistical  table  is  taken 
from  the  books  of  the  Comptroller : 


-jtococ35^coaot>«o--rico(>J2;coo£je2:-co 

do^csro^fXit^-^ococM'-'t:'— '  GO  a>  co  •o' t— 
•>m-»rcT3CO'^'COcoaJcomt-;Oint^.Oitoin^-< 
—  in.-<ro.--cot>jocop'Mocot^^rc-<c<<cM— < 

Q  O  C^  CO  CO  r— *  •*?   r— I  CM  CO  CO  CX  f— 4  O  r—<  O  1-^ 

.V  o  £sj        (_i         i— 4         i-^  CO  CO  M 


co"" " 
S3 


jiooito— <  t^Oo  mco  as; 
sooocoi^-o-oi^omi-c 
i  — <  o  i— i  co  in  in  — •  in  o  t 
ICOCQ  — ceo  t-c*t~( 


IT  2 

£'ss; 


£  5 

2<M( 


O  CO  O*  C"*l  CO  o  ' 
t-.  <M  CD  r- 1         CO  ( 


<M  i-»  CO  «3  O 
"^J*  CO  ^i  t*-  t-. 
»— <  CO  •**«  CO  CO  < 


SO  f  >O— < 
3—i^rt 


;cn-*t~ 

1  IT)  CTiCO 

>  •>>  CO  ?  • 

>  in  co  10 


o  o 
J^  — <  • 


>  '~  CO  C55  i 

•"•'  m  *•* 


Total  of  receipts,       $94,374  06     . 

EXPENDITURES.  3  yg  "O 

Salaries,  $9,034  00  jSS 

Debentures  and  contingent  expenses  ^     2J 

of  General  Assembly,  13,484  91    ^ 

Contingent  expenses  of  government,      8,83036    gmm 
Judicial  expanses,  23,209  11    ' 

Expenses  of  supporting  state  paupers,  2,000  00 
Warden  of  state  prison,  for  advances,  2,201  98 
Quartermaster  General,  747  50 

Building  committee  of  state  house, 

at  New  Haven,  9,201  00 

Registered  debt  discharged  for  orders 

paid,  357  87 


irS"        — '  CDOCO 


•-<  O  £J>  — .  CO  1C- 

2§«SS2 


no;*     o-«f< 


:  _3  ii  i-i  co     N 


C^> 

oo  t 


•  p-in^,      cooOincoco- 

WCO  CO«>»(N^( 


paGOT**io*ftco2?C5-*mT*'ODOs~*i^G 

^i-OC5«^---CT>CXOC5CO— .COOl-t- 

^^c^Xi-a'c-*'-'      oco.cnin  —  CSCOCM 

Tit—  ^f 
|          § 


Treasurer's  accounts,  audited  for 
payments  made  by  him,  viz. 

Abatement  on  state  tax,  payable  20th 
February,  1829,  $4,478  10 

Collecting  fees  &  travel,     1,411  60 


$69,063  73 


-g 


Total  of  expenditures,       $74,953  48 
Leaving  a  balance  in  the  Treasury  of  $19.420  58 


^!|5  ilrJ  i  f!-ii^J! 


I 


NEW  YORK. 


[38 


NEW  YORK. 


1828.  Jan.  30. — Resolutions  ap- 
proving of  an  augmentation  of  duties 
on  wool,  hemp,  and  iron,  and  manu- 
factures therefrom,  instructing  the  se- 
nators and  requesting  the  representa- 
tives to  vote  for  such  an  increase  as 
will  afford  adequate  protection  to  the 
domestic  manufacturer;  and  declar- 
ing that  the  provisions  of  the  wool- 
lens bill  of  the  previous  Congress  did 
not  afford  that  protection  to  the  wool 
grower,  passed  the  House  of  Assem- 
bly, 98  affirmative,  3  negative.  They 
afterwards  passed  the  Senate. 

June. — IRON  ORE. — A  bed  of  iron 
ore  has  been  discovered  near  the  line 
of  the  proposed  railway  from  Ithaca 
to  Owego,  N.  Y.,  about  nine  miles 
from  the  latter  village .  Great  masses 
have  been  found  in  a  ravine,  two  feet 
from  the  surface.  A  small  specimen, 
which  has  been  analyzed,  has  been 
found  to  yield  30  per  cent,  of  pure 
oxide  of  iron. 

July. — RIOTS. — A  serious  riot  oc- 
curred at  Greenwich  on  the  1st  inst. 
The  establishment  of  Mr.  A.  Knox, 
cotton  weaver,  was  entered  by  forty 
or  fifty  journeymen,  not  in  his  employ, 
who  insisted  upon  his  raising  the  wa- 
ges of  his  workmen.  This  was  declin- 
ed.   They  then  went  into  the  factory, 
where  his  journeymen  were  at  work 
at  their  looms,  and  commanded  them 
to  quit  unless  their  wages  were  en- 
hanced.      They    replied,  that    they 
were  perfectly  satisfied  with  their  si- 
tuations, and  should  continue  in  Mr. 
Knox's  employ.      The   rioters  then 
desired  them  to  cut  the  webs  out  of 
the  looms,  and  throw  them  away, 
which  being  refused,  they  took  the 
task   upon   themselves,    and  actual- 
ly stripped  every  loom  in  the  building 
of  its  web.     Complaint  was  immedi- 
ately made,  and  the  offenders  punish- 
ed. 

July. — Two  or  three  hundred  rig- 
gers, stevedores,  &c.  recently  commit- 
ted some  grievous  excesses  in  New 
York,  in  consequence  of  a  reduction 
of  their  wages.  They  attacked  all  per- 


sons who  were  engaged  in  repairing, 
or  working  on  board  of  the  vessels  in 
the  harbour.  In  their  journeyings  about 
the  wharves,  they  visited  the  packet 
ship  Sully.  Here  they  were  joined  by 
a  number  of  blacks,  and  after  in  vain 
endeavouring  to  get  the  men  on  board 
to  relinquish  their  employment,  they 
showered  a  volley  of  stones  upon  the 
vessel,  keeping  up  a  continued  fire  for 
nearly  a  quarter  of  an  hour,  during 
which  period  some  of  the  hands  on 
board  suffered  considerably,  and  Capt. 
Macey  was  himself  so  severely  in- 
jured, that  it  was  with  some  difficulty 
he  could  move  his  right  arm.  During 
the  engagement  two  pistols  were  dis- 
charged from  the  Sully  and  one  of  the 
rioters  was  shot  in  the  leg.  The  ship 
Amelia  was  also  attacked  in  the 
same  style,  as  was  the  Don  Quixote, 
Capt.  J.  D.  W.  Whittall,  who  re- 
ceived a  wound  from  a  large  stone  on 
the  head.  They  were  finally  dispersed 
by  the  police,  and  a  number  of  the 
the  principals  arrested,  and  punished. 

SALT. During  the  year  ending 

29th   November,    1828,    there  were 

made  at  the  salt  works  belonging  to 

the  state  of  New  York,  as  follows : 

At  Salina,  765,198  bushels. 

Syracuse,  159,769    do. 

Geddes,  111,149    do. 

Liverpool,  123,664    do. 

In  all,  1,160,000  bushels,  on  which 
the  state's  revenue,  at  12£  cents  per 
bushel,  amounted  to  145,000  dollars. 
The  superintendent's  salary,  at  2  cts. 
on  the  dollar,  was  2,900  dollars,  and 
of  the  inspector's,  at  3  mills  per  bush- 
el, 3,480— leaving  the  nett  revenue 
138,620  dollars,  or  an  increase  of 
20,000  dollars  on  last  year. 

It  is  stated  that  the  amount  paid  by 
the  salt  manufacturers  for  pumping 
salt  water,  more  than  pays  all  repairs 
and  expenses  for  engineering. 

December.-NEVi  YoRK.-In  1566  the 
whole  number  of  people  in  this  city 
was  only  1,000,  and  in  1750,  nearly  a 
century  after,  but  10,000.  In  1776  it 
was  23,61 9 :  in  1790,33,131 ;  in  1800. 


ANNUAL  REGISTER— 1827-8-9. 


60,489;  in  1810,  96,373;  in  1820, 
123,706,  and  in  1825,  (by  the  last  cen- 
sus taken  at  that  time,)  166,086.  Of 
these,  it  seems,  18,826  were  male 
aliens,  12,565  persons  of  colour,  and 
2,085  paupers.  Those  enrolled  for 
militia  duty,  (between  the  ages  of  18 
and  45,)  were  14,956,  and  those  quali- 
fied as  electors  18,283.  Comparing 
this  with  the  state  of  the  population  in 
1819,  it  is  found  that  there  had  been 
an  increase  of  46,429  in  six  years, 
equal  to  7,738  in  one  year,  21  in  each 
day ;  and  one  in  every  hour  and  9  mi- 
nutes. During  the  last  20  years  the 
population  of  the  city  has  doubled  it- 
self. 

Besides  there  is  the  village  of 
Brooklyn,  with  12  or  14,000  inhabit- 
ants, that  must  be  regarded  as  a 
suburb  of  the  city. 

The  value  of  the  merchandise, 
shipped  and  unshipped,  is  rated  at 
from  75  to  100  millions  of  dollars — 
the  merchant  vessels  in  port  vary 
from  5  to  700,  foreign  arrivals  1,400, 
coasting  4,000 ;  fifty  steamboats  make 
about  7,000  trips  annually,  and  are 
supposed  to  carry  at  least  320,000 
passengers,  and  about  22,000  arrive 
coasting  vessels.  In  1683,  the 


3  barques,  3  brigantines,  26  sloops 
and  43  open  boats. 

In  1828,  the  chemical  works  of  this 
city  made  500,000  pounds  of  oil  of 
vitriol,  and  in  1829  they  expect  to  in- 
crease it  to  nearly  a  million  of  pounds. 
In  the  same  period  they  have  sold 
500,000  pounds  of  alum,  and  next 
year  it  will  increase  to  800,000.  Ten 
years  ago  not  a  pound  of  this  article 
was  made  in  the  United  States — it 
was  imported  from  Germany  and 
England ;  judging  from  the  demand, 
the  previous  sale,  and  the  materials 
on  hand,  this  establishment  is  expect- 
ed to  manufacture  in  1829,  of  the  fol- 
lowing articles,  the  several  quantities 
set  against  them : 
Blue  vitriol,  2^00,000  pounds. 

Saltpetre,  200,000 

Aquefbrtis,  40,000 

Refined  saltpetre,  500,000 
Bleaching  salts,      200,000 
These  are  only  a  few  of  the  leading 
articles  manufactured  by  the  chemical 
factory.     Their  list  extends  to  thirty 
or  forty  various  kinds  of  drugs  and 
chemical  stuffs.      In    the  article  of 
bleaching  salts,  five  years  ago,  not  a 
particle  was  manufactured  here — now 
it  is  nearly  200,000  pounds. 


in 

whole  vessels  belonging  to  port  were, 

NEW  YORK  BANKS. 
An  Abstract  from  the  statement  of  such  Banks  in  the  city.of  New  York,  as 

made  returns  to  the  Legislature  in  1828. 
Names  of  Banks,  Capital  paid  in.  Am't  of  Depos.  Bills  in  circ'n.  Spejn  vault* 


City  Bank, 1,250,000  269,215  244.904 

Union  Bank, '.    .  1,000,000  222,668  200,320 

Tradesmen's  Bank, 357,318  248,046  198,140 

Merchants'  Bank, 1,490,000  625,992  574,325 

PhenixBank, 500,000  340,225  297,288 

Franklin  Bank, 510,000  235,822  269,404 

Bank  of  America, 2,031,200  332,238  321,884 

Bank  of  New  York, 1,000,000  796,912  540,955 

Mechanics'  Bank, 2,000,000  758,794  607,105 

Nine  Banks, $10, 138,518        3,917,911         3,154,825 

From  the  most  correct  authority, 
the  following  appears  to  be  the  pre- 
sent condition  of  the  15  Banks  in  this 
city,  including  the  U.  S.  Branch,  the 
capital  of  which  is  $2,500,000: 

Whole  amount  of  Bank  capital  in 
the  city  of  New  York,  $17,830,000,  if 
their  deposites,  circulation,  and  spe- 
cie are  now  in  proportion  to  the  re- 
turns  above  in  1828. 


The  whole  amount  of  deposites  in 
all  the  Banks,  is 

The  whole  amount  of  their  circula- 
tion, is 

The  whole  amount  of  specie  in 
their  vaults,  is 

The  earnings  of  the  whole  15 
Banks  the  last  year  as  their  div- 
idends show,  were  not  far  from 

If  their  discounts  were  at  six  per 
cent.,  and  averaged  60  days,  they 
must  have  amounted  in  the  year 
to 

Th*ir  present  amount  of  diseount- 


68,806 
45,754 
33,357 

122,397 
79,073 
31,584 

184,610 
38,978 

199,114 

362,659 

$6,890,937 

5,547,821 

1,517,004 


1,193,000 


119.310,100 


NEW  YORK. 


[25 


ea  bills,  provided  it  corresponds 

with  the  average  of  the  last  year, 

is  19,885,017 

From  the  imperfect  returns  of  18 
Banks  in  this  state  in  1828,  excluding 
those  in  the  city  of  New  York,  their 
comparative  situations  were  nearly  as 
follows,  viz. 

Capitals.     Deposites.*  Circulation.     Specie. 
4,071,681        3,382,614        4,155,014        869,450 

By  individuals,  and  Banks,  &c. 
The  whole  amount  of  bank  capital 

in  the  state  of  New  York,  exclu- 
sive of  the  city  of  New  York,  is 
If  their  deposites,  circulation, 

and  specie,  are  now  in  proportion 

to  the  returns  of  1828. 
Their  whole  deposites  are  equal  to 
Their  whole  circulation  is  equal  to 
Their  whole  specie  is  equal  to 
Total  amount  of  bank  capital  in 

this  state, 

Total  amount  of  deposites, 
Total  amount  of  circulation, 
Total  amount  of  specie, 

NOTE.— For   other   information    concerning 
banks,  vide  page  37. 

ELECTIONS. In      addition      to 

the  divisions  growing  out  of  the 
presidential  contest  of  1828,  there 
was  another  party  in  the  state 
of  New  York,  which  then  began  to 
acquire  great  consideration,  in  conse- 


9,924,500 


8,123,645 

10,127,619 

827,354 

27,754,50o 
15,014,582 
15,674,940 
2,344,35g 


port  of  the  special  commissioner  ap 
pointed  to  investigate  the  sub- 
ject will  be  found  among  the  le- 
gislative proceedings  in  this  vo- 
lume. As  the  period  for  the  elec- 
tion of  governor  approached  in  the 
autumn  of  1828,  meetings  were  held 
by  the  opponents  of  masonry  in  seve- 
ral of  the  western  counties,  and  all 
the  ordinary  preliminary  arrange- 
ments required  by  party  discipline 
were  entered  into.  Nearly  at  the 
same  time  that  the  friends  of  the 
then  national  executive  nominated 
for  governor  Smith  Thompson,  one  of 
the  associate  justices  of  the  supreme 
court  of  the  United  States,  and  for- 
merly chief  justice  of  the  state,  the 
anti-masonic  party  brought  forward 
for  that  office,  Mr.  Francis  Granger, 
who  had  also  been  selected  by  Judge 
Thompson's  supporters  as  a  candi- 
date to  be  voted  for  on  the  ticket  as 
lieutenant  governor.  Mr.  Granger 
declined  the  nomination  for  the  higher 
office,  and  by  accepting  that  for  lieu- 
tenant governor  manifested  to  his 


quence  as  well  of  its  numbers  as  of  friends  a  desire  that  an  undivided  vote 
the  high  respectability  of  many  of  should  be  given  against  Mr.  Martin 
its  members.  In  the  last  volume  of  Van  Buren,  then  a  senator  in  con- 
the  Register  we  gave  an  account  of  gress,  who  had  been  proposed  as  the 
the  abduction  of  William  Morgan,  candidate  for  the  Jackson  party.  An- 
and  of  the  supposed  murder  to  which  other  set  of  anti-masonic  candidates 
his  exposure  of  certain  mysteries  of  were  put  up  in  place  of  those  de- 
masonry  had  given  rise,  The  re-  clining,  and  the  result  was  as  follows  : 


Votes  for  Governor  in  1828. 
Martin  Van  Buren,  136,794 

Smith  Thompson,  106,444 

Solomon  Southwick,  33,345 


Votes  for  Lieutenant  Governor. 
Enos  T.  Throop,  135,287 

Francis  Granger,  106,863 

John  Crary,  33,856 


Congressional  districts,  with  the  official  canvass  of  the  votes  for  Presiden- 
tial Electors  in  1828. 


Districts.  .  Counties. 

No.    1  Queens  and  Suffolk, 

2  Kings,  Richmond,  and  Rockland, 

3  New  York,  treble  district, 

4  Putnam  and  Westchester, 

5  Dutchess, 

6  Orange, 

7  Sullivan  and  Ulster, 


Jackson. 
3,075 
2,936 

15,435 
3,788 
4,680 
3,798 
4,624 


Adams 

2,847 
1,966 
9,638 
3,153 
3,263 
2,586 
2,009 


Carried  over,      38,336      25,462 


*  The  large  amount  of  deposites  in  Albany, 
Troy,  and  country  Banks,  is  made  np  in  a  great 

VOL.  III.  4* 


proportion  by  the  heavy  deposites  with  them 
from  other  banks  and  incorporations. 


ANNUAL  REGISTER— 1827-8-9. 


Districts.  Counties.  Jackson.        Adams, 

Brought  over, 

8  Columbia, 

9  Rensselaer, 

10  Albany, 

11  Delaware  and  Greene, 

12  Schenectady  and  Schoharie, 

13  Otsego, 

14  Oneida, 

15  Herkimer, 

16  Montgomery  and  Hamilton, 

17  Saratoga, 

18  Washington, 

19  Clinton,  Essex,  Franklin,  and  Warren, 

20  Jefferson,  Lewis,  Oswego,  and  St.  Lawrence,  double 

district,  9,081 

21  Chenango  and  Broome,  4,329 

22  Madison  and  Cortland,  4,136 

23  Onondaga,  4,264 

24  Cayuga,  4,159 

25  Tompkins  and  Tioga,  5,427 

26  Ontario,  Seneca,  Wayne,  and  Yates,  double  dis- 

trict, 7,011 

27  Monroe  and  Livingston,  4,631 

28  Allegany,  Cattaraugus,  and  Steuben,  5,347 

29  Genesee  and  Orleans,  3,256 

30  Chautauque,  Erie,  and  Niagara,  3,660 


38,336 

25,462 

3,446 

3,642 

4,263 

4,650 

3,924 

4,195 

5,331 

3,370 

3,740 

2,584 

4,241 

3,900 

5,136 

5,817 

3,177 

2,510 

3,778 

3,982 

2,929 

3,545 

2,658 

4,085 

4,503 

5,042 

9,164 
3,116 
4,974 
3,796 
2,416 
3,755 

9,119 

7,079 
4,395 
6,832 
7,983 


Total  number  of  votes,   140,763    135,413 


On  1st  January,  agreeably  to  the 
provisions  of  the  constitution,  Mr. 
Van  Buren  entered  on  the  duties  from 
which  he  however  was  soon  call- 
ed to  take  part  in  the  administration 
of  the  government  of  the  Union.  But 
though  Mr.  Van  Buren  was  only  at 
the  head  of  the  affairs  of  the  state  for 
the  short  period  of  sixty  days,  he  did 
not  lose  the  opportunity  of  distin- 
guishing his  administration  by  an  act 
of  legislation,  which  promises  to  hold 
a  conspicuous  place  in  the  history  of 
New  York. 

The  subject  on  which  the  most 
stress  was  laid,  and  on  which 
the  governor,  in  his  message,  di- 
lated at  the  greatest  length,  was 
that  of  banking,  which  was  at  that 
period  particularly  interesting  from 
the  circumstance  that  of  the  forty 
banks  then  in  operation  in  the  state, 
thirty-one  would  expire  within  one, 
two,  three,  or  four  years. 

Governor  Van  Buren  referred  to  a 
plan,  which  he  said  had  been  submit- 


ted to  him,  and  which  he  character- 
ized as  sensible  and  apparently  well 
considered,  and  which  he  laid  be- 
fore the  legislature  by  a  special  mes- 
sage. 

This  measure,  strenuously  recom- 
mended as  it  was  by  the  governor, 
was  of  course  passed  into  a  law,  and 
as  it,  together  with  the  provisions  in 
the  revised  statutes  respecting  monied 
corporations,  produced  an  important 
change  in  the  legislation  of  the  state 
on  this  subject,  we  will  make  some 
observations  upon  the  practical  ope- 
ration of  the  proposed  system.  The 
principle  proposed  was  to  compel  all 
the  banks  to  pay  an  annual  tax  with 
the  view  of  creating  a  fund  to  meet 
the  deficiencies  of  insolvent  banks.  ' 

Discounting  on  credit,  and  confi- 
ning the  operations  of  banking  to 
regular  business  paper,  to  be  paid  at 
maturity,  as  well  as  the  requiring  of 
security  for  the  notes  put  in  circula- 
tion, formed  a  part  of  Judge  Forman's 
plan,  (the  plan  alluded  to  by  Mr.  Van 


NEW  YORK. 


[27 


Buren,)  as  submitted  to  the  legisla- 
ture. The  first  part  of  the  proposition 
is  invariably  adopted  in  practice  in 
Europe  ;  and  compelling  securities 
for  the  issues  of  bank  paper,  has 
been  strongly  recommended  by  the 
most  able  economists,  and  advocated 
by  the  most  enlightened  statesmen,  of 
England. 

The  right  of  coining  money  is  eve- 
ry where  considered  an  attribute  of 
sovereignty ;  and  this  power  is,  by  the 
Constitution  of  the  United  States, 
expressly  reserved  to  the  general 
government.  While,  however,  local 
institutions  continue  virtually  to  sup- 
ply the  currency  of  the  country,  there 
can  be  no  objection,  except  on  consti- 
tutional grounds,  to  the  adoption  by 
the  States  of  such  measures  as  may 
protect  their  citizens  against  a  depre- 
ciated circulating  medium.  It  is  evi- 
dent, that  while  the  notes  of  the  insti- 
tutions of  other  States,  or  those  of  the 
National  Bank,  (which  has  hitherto 
been  very  efficient  in  preventing  the 
overtrading  of  other  banks,)  circulate 
concurrently  with  thoseof  this  state,the 
control  of  the  legislature  over  the  cur- 
rencycannotbe  absolute.  But  although, 
according  to  the  practical  interpreta- 
tion given  to  the  rights  of  the  federal 
and  state  governments,  neither  power 
exercises  that  exclusive  authority, 
which  would  be  requisite  to  establish 
such  a  circulating  medium,  as  would 
be  subject  to  the  fewest  possible  fluc- 
tuations in  its  value ;  yet  the  varia- 
tions, from  its  excess  or  contraction, 
in  a  paper  money,  convertible  at 
pleasure  into  gold  and  silver,  are  tri- 
fling, compared  with  those  which 
arise  from  a  general  suspension  of 
specie  payments,  or  from  the  failure 
of  institutions  issuing  notes.  To 
guard  against  injury  to  the  communi- 
ty from  these  sources,  a  plan  by  which 
any  association  or  individuals,  giving 
adequate  security,  might  be  authorized 
to  emit  their  own  bills,  seems  to  be  all 
that  the  state  has  a  right  to  require 
from  persons  undertaking  the  business 
of  banking ;  and  as  this  would  meet 
the  whole  of  the  evil  apprehended, 
any  further  regulation  might  well  be 


considered  an  undue  infringement  on 
the  liberty  of  every  individual,  to  em- 
ploy his  capital  and  labour  in  the  man- 
ner that  he  may  deem  proper. 

Provision  might  be  made  by  law  for 
ascertaining  the  sufficiency  of  the 
security,  and  notes  might  be  stamped 
so  as  to  prevent  their  exceeding  the 
authorized  amount.  Such  a  measure 
is  recommended  by  its  simplicity,  and 
by  the  total  absence  of  any  exclusive 
advantages  to  one  class  of  citizens 
over  others.  It  is  not  only  superior 
with  a  view  to  security  to  the  safety 
fund  act  of  1829  and  to  the  provisions 
in  the  Revised  Statutes,  but  also  to 
the  system  heretofore  pursued  in  this 
state,  since  1804,  by  which  banking 
has  been  rendered  a  monopoly.  If 
none  but  business  paper  was  discount- 
ed, it  is  hardly  possible  that  the  profits 
on  the  issues  of  banks  should  not 
exceed  the  losses ;  but  even  if  it 
happens  otherwise,  the  public  under 
the  proposed  arrangement  would  be 
amply  protected  against  any  defi- 
ciencies, by  the  capitals  secured  in 
permanent  investments. 

The  Revised  Statutes  render  the 
directors  and  stockholders  of  monied 
incorporations,  created  since  1828,  as 
well  as  those  whose  charters  may  be 
renewed,  personally  responsible  in 
case  of  fraudulent  insolvency ;  and 
they  declare  that  "every  insolven- 
cy of  a  monied  corporation  shall 
be  deemed  fraudulent,  unless  its  af- 
fairs shall  appear  upon  investigation 
to  have  been  fairly  and  legally  admi- 
nistered, and  generally  with  the  same 
care  and  diligence  that  agents,  receiv- 
ing a  compensation  for  their  services, 
are  bound  by  law  to  observe ;  and  it 
shall  be  incumbent  on  the  directors 
and  stockholders  of  every  such  insol- 
vent corporation,  to  repel,  by  proof,  , 
the  presumption  of  fraud."  This  law 
was  compiled  at  a  period  of  great 
excitement,  to  meet  the  cases  of  fraud 
that  occurred  in  1826,  and  to  which 
the  numerous  joint  stock  companies 
were  supposed  to  have  given  rise.  It 
has  the  defects  that  laws  passed  under 
such  circumstances  usually  evince, 
and  \vas  admirablv  calculated,  bv  the 


ANNUAL  REGISTER— 1827-8-9. 


onerous  conditions  which  it  imposed, 
to  prevent  any  man  of  property  from 
having  any  participation  in  these 
institutions. 

The  act  of  the  session  of  1829,  cre- 
ating a  bank  fund,  removes  the  liability 
of  the  stockholders,  as  established  in 
the  Revised  Statutes,  but  retains  the 
provisions  respecting  the  directors. 
All  the  new  banks  and  those  whose 
charters  are  renewed,  are  moreover 
required  to  pay  into  the  state  treasury 
a  tax  of  one  half  of  one  per  cent,  on 
their  respective  capitals,  till  a  fund 
equal  to  three  per  cent,  on  their  capi- 
tal stock  shall  be  created ;  at  which 
amount  it  is  to  be  permanently  kept, 
by  making  further  payments  when 
necessary.  On  this  fund  all  deficien- 
cies of  insolvent  banks  are  to  be 
charged,  and  a  board  of  three  commis- 
sioners, (two  to  be  appointed  by  the 
banks,  one  by  the  state,)  possessing 
inquisitorial  powers,  is  directed  to  be 
formed. 

The  probable  results  of  this  sys- 
tem are  sufficiently  obvious.  Its 
primary  effect  will,  of  course,  be  to 
give  the  same  or  nearly  the  same  cre- 
dit to  the  banks  of  the  interior,  and  of 
the  smallest  capitals,  as  to  those  of  the 
city  of  New  York.  The  former  institu- 
tions tempted  by  the  profits  of  an  exten- 
ded circulation,  will  be  induced  to  issue 
their  notes  to  an  inordinate  extent, 
not  on  regular  business  paper,  the 
repayment  of  which  would  meet  the 
calls  for  the  redemption  of  the  notes, 
but  on  loans  of  doubtful  security  and 
indefinite  duration.  The  smallest 
evils  growing  out  of  the  system,  will 
be  the  driving  the  notes  of  the  city 
banks  from  that  share  of  circulation 
to  which  their  business  fairly  entitles 
them  ;  but,  while  these  excessive 
issues  degrade  the  value  of  the  whole 
currency,  as  well  specie  as  paper,  and 
by  rendering  the  exchange  unfavoura- 
ble, lead  to  the  exportation  of  gold 
and  silver,  the  institutions  in  good 
credit  will  be  afraid  to  apply  the  effi- 
cient corrective,  a  demand  for  specie, 
lest  such  an  application  should  lead 
to  a  declared  insolvency,  which  they, 
not  the  culprit  institutions,  woidd  in 


the  end  be  obliged  to  make  good. 
Prudent  banks,  finding  that  they  are 
taxed  for  the  improvidence  of  their 
neighbours,  will  also  take  the  chance 
of  profiting  by  fortunate  speculations, 
the  hazards  of  which  they  must,  in 
any  event,  necessarily  incur ;  and 
thus  our  whole  monetary  system  may 
be  thrown  into  inextricable  confusion. 

It  is  not,  indeed,  going  too  far  to 
suppose,  the  bank  fund  being  limited 
to  half  per  cent,  per  annum,  that  the 
very  insolvencies,  above  those  which 
would  otherwise  take  place,  growing 
out  of  the  new  temptations  to  exces- 
sive issues,  will  be  beyond  the  abili- 
ties of  the  fund  to  meet,  and  that  thus 
the  professed  object  of  the  plan — to 
protect  the  innocent  holders  of  bank 
notes — will  be  wholly  defeated. 

It  is  due  to  the  projector  of  the 
safety  fund,  again  to  state  that,  in 
addition  to  the  provision  which  has 
just  been  examined,  he  proposed  to 
confine  the  banks  to  the  discounting 
business  paper,  and  to  compel  them 
to  invest  their  capital  in  bonds  and 
mortgages  on  public  stocks.  These 
regulations  would  have  of  course  very 
greatly  diminished  the  danger  of  in- 
solvent banks  making  an  improvident 
use  of  the  guaranty  created  for  them ; 
but  unfortunately  the  legislature  omit- 
ted the  salutary,  and  only  adopted  the 
objectionable  portion  of  Judge  For- 
man's  plan. 

ABDUCTION  OP  MORGAN. 
Report  of  the  Special  Counsel — to 

his  Excellency  the   Governor  of 

the  State  of  New  York. 

The  undersigned  having  received  a 
commission  from  the  executive  de- 
partment of  the  government,  under 
the  act  passed  on  the  15th  April,  1828, 
deems  it  proper,  as  well  to  comply 
with  what  may  be  considered  an  im- 
plied requisition  of  the  law  imposing 
special  duties,  as  to  meet  a  reasonable 
public  expectation,  to  report  to  that 
departed  ;nt  the  progress  which  has 
been  made  under  it,  so  far  forth  as  the 
present  condition  of  the  subject  ren- 
ders it  practicable. 

In  proceeding  to  "  institute  inqui- 
ries concerning  the  abduction  of  Wil- 


NEW  YORK. 


3iam  Morgan  and  his  fate  subsequently 
•  thereto,"  as  enjoined  by  the  act,  the 
first  question  which  presented  itself 
was,  whether  the  statute  contempla- 
ted an  original  and  primary  course  of 
legal  prosecution,  or  to  embrace  the 
subject  in  its  subsisting  condition  1  At 
the  time  of  the  passage  of  the  law, 
one  indictment  in  relation  to  the  trans- 
action, had  already  been  brought  to  a 
successful  termination,  and  others  had 
been  recently  presented  before  the 
proper  tribunals.  To  disregard  these 
and  to  commence  anew,  would  seem 
to  be  a  work  of  supererogation,  and 
to  a  certain  extent,  would  render  the 
law  ex  post  facto  in  its  operation.  The 
alternative  was  to  proceed  with  the  in- 
vestigation in  the  suits  already  insti- 
tuted, and  this  has  been  done  in  those 
cases  in  which  there  was  good  reason 
to  believe  they  were  founded  upon  a 
sufficient  legal  basis. 

In  relation  to  the  first  branch  of  the 
inquiry,  the  prosecutor  has  proceeded 
with  as  much  diligence  as  the  facilities 
afforded  by  the  organization  of  the 
courts  of  law  would  admit. 

One  indictment  has  been  tried, 
which  resulted  in  the  conviction  of  the 
party  charged,  and  in  which  suit  a 
question  of  law  was  reserved  for  the 
decision  of  the  supreme  court.  At 
the  sittings  of  the  court  of  oyer  and 
terminer  in  and  for  the  county  of  Nia- 
gara, in  November  last,  several  other 
causes  were  prepared  and  ready  for 
trial,  but  which  were  necessarily  post- 
poned, upon  the  application  of  all  of 
the  defendants,  in  consequence  of  the 
absence  of  witnesses  whose  testimony 
was  proved  to  be  material.  Two 
other  indictments  have  been  delayed 
in  consequence  of  the  sittings  of  courts 
in  different  counties  in  the  same  week, 
and  the  intrinsic  difficulties  attending 
them.  However  desirable  it  might 
have  been  to  have  brought  this  inves- 
tigation to  a  close  during  the  curre.  i 
season,  the  delay  arises  from  the  ne- 
cessary imperfections  of  human  sys- 
tems, a  sacred  regard  to  the  principle 
that  every  one  is  presumed  to  be  inno- 
cent until  his  guilt  is  established,  and 
the  preservation  of  rights,  which  men, 


though  charged  with  crime,  may  con- 
stitutionally protect. 

The  voluminous  nature  of  the  tes- 
timony taken,  would  seem  to  forbid  its 
introduction  into  a  communication  of 
this  kind ;  besides  it  is  somewhat  in- 
choate and  would  be  exparte  in  its 
statement.  Certain  facts,  however, 
appear  to  be  affirmatively  established. 
In  pursuing  their  investigations  in  the 
physical  sciences,  men  yield  not  their 
assent  to  propositions  until  their  truth 
is  evinced  by  experience  and  demon- 
strations. But  in  asserting  civil  rights, 
and  in  the  conviction  and  punishment 
of  offences  against  the  laws,  we  ne- 
cessarily resort  to  and  rely  upon  hu- 
man testimony.  When  this  goes  to 
establish  a  fact  beyond  reasonable 
doubt,  it  entitles  itself  to  belief,  and 
upon  this  foundation  rest  our  civil  in- 
stitutions. 

From  testimony  thus  disclosed,  it 
pears  that  William  Morgan,  a  citizen 
of  this  state,  was  taken  from  the  gaol 
of  the  county  of  Ontario,  into  which 
he  had  bden  committed  under  circum- 
stances of  peculiar  aggravation  and 
cruelty  ;  and  was  from  thence  trans- 
ported, under  duress  of  imprisonment, 
a  distance  of  about  120  miles  to  the 
county  of  Niagara,  and  was  placed  in 
confinement  in  the  magazine  in  fort 
Niagara,  situated  at  the  confluence  «f 
the  Niagara  river  with  lake  Ontario, 
on  the  morning  of  the  14th  of  Sep- 
tember aforesaid. 

Here  are  the  boundaries  of  the  tes- 
timony. As  to  v  his  fate  subsequently 
thereto,"  it  is  not  yet  developed ;  nor 
can  it  be  anticipated,  with  much  con- 
fidence, to  be  judicially  determined  by 
any  tribunal  over  which  men  have  con- 
trol. 

It  is  not  believed  to  be  in  the  legiti- 
mate purpose  of  this  report,  to  speak 
of  societies  or  denominations  of  men, 
but  of  men  as  individuals,  citizens  of 
a  commonwealth.  As  such,  and  ma- 
ny of  them  acting  in  concert  upon  their 
own  responsibility,  they  manifested 
the  deliberate  purpose  of  withdrawing 
the  subject  of  these  inquiries  from  the 
protections  of  the  laws  and  the  go- 
vernment under  which  he  lived,  and 


30J 


ANNUAL  REGISTER— 1827-8-9. 


subjecting  him  to  the  control  of  them- 
selves, and  to  be  placed  at  the  mercy 
of  their  own  passions.  He  had  of- 
fended against  no  .law,  recognised  in 
the  code  of  any  civilized  nation,  and 
was  taken  away  without  any  legal 
process  or  pretence  of  authority. 

At  the  time  of  the  commission  of 
this  offence,  and  until  the  passage  of 
the  law  of  6th  April,  1827,  by  which 
similar  offences  were  made  felony, 
and  punishable  by  imprisonment  in  the 
state  prison  not  exceeding  fourteen 
years,  it  amounted  only  to  a  misde- 
meanor. Three  of  the  agents  in  the 
transaction  were  subjected  to  trial 
soon  after  its  occurrence,  and  prompt- 
ly met  the  retributions  of  the  law,  at  a 
court  of  oyer  and  terminer  held  in 
January,  1827,  and  were  sentenced  to 
imprisonment  in  the  county  gaol  for 
different  periods ;  the  term  of  one  of 
which  is  yet  unexpired. 

From  this  statement,  it  will  be  per- 
ceived what  progress  has  been  made 
under  the  act ;  and,  so  far  as  the  tes- 
timony warrants,  the  nature  of  the 
transaction.  DANIEL  MOSELEY. 
Onondaga,  Dec.  25,  1828. 


1827    1828 
8,298   8,609 

179    311 


COMMON  SCHOOLS. — The  annual 
reports  of  the  secretary  of  state  in 
relation  to  common  schools  for  1827 
and  1828,  presented  the  following  re- 
sults : 

Number  of  school  districts  t 

in  the  state  reported,       \ 
New  school  districts  form- ) 

ed  within  the  year,  { 

Children  between  the  ages  ) 

of  five  and  fifteen  with-  V      419,216    449,113 

in  those  districts,  i 

Children  instructed  in  the  )       ...  QCB    .ra  on,- 
common  schools  in  same,  \      441'856    46B^05 
Money  paid  to  school  districts,  $222,9%  $232,343 

Which  was  paid  as  follows  : 
From  state  treasury,  100,000    100,000 

'     taxes  on  towns,  110,542    119,209 

"     local   funds    in  certain 

towns,  12,454      13,134 

The  productive  capital  of  the  school 
fund  at  the  commencement  of  1828 
amounted  to  $1,630,825,  besides 
880,000  acres  of  land,  valued  at 
$411,288.  During  the  year  1828,  the 
productive  capital  was  increased 
$61,854,  by  sales  from  the  lands  a- 
mounting  to  $33,226,  and  the  residue 
from  escheated  lands  and  premium  on 
bank  stock. 


COMMON  SCHOOL  FUND. 

THIS  FUND  CONSISTS  OF  THJ5  FOLLOWING  ITEMS  : 

Bqnds  and  mortgages  for  school  fund  lands  sold,  ....        $201,611  65 

do.  do.        for  escheated  lands  in  the  military  tract,        .        .        23,607  81 

Balance  due  on  loan  of  1786, 30,095  21 

do.  do.        1793, 332,564  35 

do.  '  do.        1808, 426, '^03  54 

Canal  stock,  bearing  an  interest  of  5  per  cent., 320,000  00 

3600  shares  in  the  stock  o/  the  Merchants'  bank,    .        .        .      $180,00000 
1000     do.  do.  Manhattan  Company,          .        .     50,000  00 

2000     do.  do.  Middle  District  bank,     .        .         50,000  00 


Money  in  the  treasury,  being  balance  of  receipts  from  the  capital, 


280,000  00 
.      70,446  24 

$1,684,628  80 


To  this  fund  also  belong  all  the  unappropriated  lands  owned  by  the 
state  on  the  1st  of  January,  1823,  and  yet  remaining  unsold. 

THE  REVENUE  FROM  THIS  FUND  IS  ESTIMATED  AS  FOLLOWS  : 

Interest  on  the  loan  of  1786,         ....  $3,000  00 

do.                 do.        1792, 20,000  00 

do.                 do.        1808, 24,000  00 

Interest  on  bonds  taken  for  escheated  lands, 1,200  00 

do.            do.                      school  fund  lands, 20,000 

do.            on  canal  stock, 16,000 

do.            on  money  in  the  treasury  to  be  invested,        ....  3,000  W 


NEW  YORK. 


[31 


Probable  receipts  on  account  of  debts  for  fees  of  the  clerks  of  the  supreme 

court, 1,000  00 

Dividend  on  Merchants' bank  stock,  .        .        .  :      .        .        •        •        11,500  00 

Manhattan        do 3,500  00 

Middle  District   do 3,000  00 


$105,200  00 


The  following  table  also  shows  the  progress  of  the  common  school  system 
in  this  state : 

..4  comparative  View  of  the  returns  of  Common  Schools,  from  1816  to 
1828,  inclusive. 


II 

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1816 

338 

2755 

2631 

S55720  98 

140106 

176449 

4  to  15 

1817 

355 

3713 

2873 

64834  88 

170386 

198440 

6  to   7 

1818 

374 

3264 

3228 

73235  42 

183253 

218969 

5to  6 

1819 

402 

4614 

3844 

93010  54 

210316 

235871 

8to  9 

1820 

515 

5763 

5118 

117151  07 

271877 

302703 

9  to  10 

1821 

545 

6332 

5489 

146418  08 

304559 

317633 

24  to  25 

1822 

611 

6659 

5882 

157195  04 

332979 

339258 

42  to  43 

1823 

649 

7051 

6255 

173420  60 

351173 

357029 

44  to  45 

1824 

656 

7382 

6705 

182820  25 

377034 

373208 

94  to  93 

1825 

698 

7642 

6876 

182741  61 

402940 

383500 

101  to  96 

1826 

700 

7773 

7117 

182790  09 

425586 

395586 

100  to  93 

1827 

721 

8114 

7550 

185720  46 

431601 

411256 

105  to  100 

1828 

742 

8298 

7806 

222995  77 

441856 

419216 

96  to  91 

1829 

757 

8609 

8164 

232343  21 

468205 

449113 

25  to  24 

COMMON  SCHOOLS. — Our  system  of 
common  school  instruction  is  based 
upon  the  principle  that  the  state,  or 
the  school  fund,  will  pay  only  a  share 
of  the  expense ;  and  that  the  towns, 
by  an  assessment  upon  property,  shall 
pay  at  least  an  equal  share.  In  addi- 
tion to  this,  and  in  order  to  enjoy  the 
benefits  of  the  public  money,  the  in- 
habitants of  the  districts  are  required 
to  tax  themselves  to  the  erection  of  a 
school  house,  and  furnishing  it  with 
necessary  fuel  and  appendages. 

In  order  to  ascertain  more  fully  the 
practical  operation  of  the  system,  an 
additional  column  was  annexed  to  the 
forms  for  school  reports,  which  ac- 
companied the  revised  statute,  requi- 
ring trustees  to  return  the  amount 
paid  annually  for  teachers'  wages, 
over  and  above  the  sum  received  from 


the  state  treasury,  and  from  the  town 
tax. 

The  returns  which  have  been  re- 
ceived are  from  various  towns  in  51 
counties ;  and  the  sum  thus  ascer- 
tained, compared  with  the  amount  of 
public  money  paid  to  the  same  dis- 
tricts, affords  a  very  fair  test  for  ascer- 
taining the  proportion  paid  by  the  in- 
habitants of  the  districts  for  tuition. 
Taking  these  returns  as  a  test,  and  it 
appears  that  $336,643  have  been  paid 
for  teachers'  wages,  besides  the  $232,- 
343  of  public  money  apportioned  to 
the  districts ;  making  a  total  amount 
paid  the  last  year  for  tuition,  in  the 
common  school  districts  of  the  state, 
of  $568,986. 

Returns  have  been  received  of  the 
condition  of  the  common  schools, 
from  the  commissioners  of  every  town 


ANNUAL  REGISTER— 1827-8-9. 


and  city  in  the  state.  In  former  years 
it  was  not  unusual  to  have  15  or  20 
towns  delinquent.  It  is  gratifying  to 
notice  this  evidence  of  increased  at- 
tention  and  punctuality  on  the  part  of 
those,  who  are  charged  with  the  exe- 
cution of  the  statute :  And  when  it  is 
considered  that  there  are  at  least  46, 
000  officers  of  common  schools  in  the 
towns  and  districts,  the  fidelity  with 
which  the  public  money  is  applied  and 
accounted  for,  and  the  faithfulness 
with  which  the  system  is  carried  into 
effect,  are  creditable  to  the  character 
of  our  population. 

FOR  1827. 

MILITIA  OF  THE  STATE  OF  NEW 
YORK. — Abstract  of  the  annual  report 
of  N.  F.  Beck,  adjutant-general, 
made  to  the  legislature  : 

Infantry  and  Riflemen — 29  divi- 
sions, 61  brigades,  258  regiments, 
2,013  companies,  116,614  privates — 
Total,  144,839. 

Artillery — 4  divisions,  9  brigades, 
29  regiments,  168  companies,  8,537 
privates— Total,  1,880. 

Cavalry — 3  divisions,  7  brigades, 
18  regiments,  100  companies,  4,669 
privates — Total,  5,667. 

Horse  Artillery— -3  brigades,  6  re- 
giments, 32  companies,  1225  privates 
—Total,  1,604. 

Companies  attached,  <^c. — 21 
companies,  1,084  privates — Total, 
1,456. 

AGGREGATE 

Cavalry, 
Horse  Artillery,, 
Artillery, 
Infantry, 
Companies, 


5,667 
1,604 
9,880 
144,839 
1,456 

163,446 


FOR  1828. 

Infantry  and  Riflemen — 31  divi- 
sions, 63  brigades,  274  regiments, 
2,164  companies,  122,853  privates — 
Total  commissioned  and  non-commis- 
sioned officers,  musicians  and  pri- 
vates, 152,633. 

Artillery — 4  divisions,  10  brigades, 
22  regiments,  129  companies,  5,611 
privates — Total  commissioned  and 
non-commissioned  officers,  privates 
and  musicians,  10,763. 

Cavalry — 3  divisions,  7  brigades, 


19  regiments,  83  companies,  3,42ti 
privates — Total,  4,905. 

Horse  artillery — 3  brigades,  6  re- 
giments, 31  companies,  1,148  pri- 
vates—Total, 1,531. 

Companies  of  artillery,  cavalry  and 
riflemen,  attached  to  different  bri- 
gades of  infantry — 42  companies, 
1,262  privates— Total,  2,461. 

AGGREGATE. 

Cavalry,  4,903 

Horse  artillery,  1,531 

Artillery,  10,763 

Infantry,  including  26,634  riflemen,  1552,633 
Companies,  2,461 

172,293 

FINANCES. — The  annual  reports  of 
the  comptroller  for  1827  and  1828, 
presented  the  following  statements  of 
the  finances  of  the  state.  There  are 
four  funds  belonging  to  the  state,  viz. 
the  general  fund,  canal  fund,  common 
school  fund,  and  the  literature  fund. 

Gfncral  Fund.  1827  1828. 

Canal  stock  $300,000  $280,000 

Bank  of  America  stock  60,800  60,800 

"       Hudson      "  15,000  15,000 

"       Columbia  •'  20,000  20JOOO 

Mechanic  and  Farmer's  bank  10,140  10,140 

Mohawk                            "  5,000  5,000 

New  York  State  "  16,800  16,800 
Bonds  and  mortgages 

"        for  lands  sold  836,453  818,826 

"        for  loans  406,297  395,101 

"  for  debts  due  the  state  23,320  23,320 
The  revenue  of  this  fund 

amounted  to  174,921  154,854 

The  items  of  the  canal  fund  con- 
sist of  certain  lands  granted  for  the 
construction  of  the  canals ;  the  pro- 
ceeds of  the  canal  tolls ;  the  salt  tax  ; 
and  part  of  the  auction  duty. 

Revenue  for!827,  $1,280,247,  for  1828,  $1,206, 
552. 

The  items  of  the  literature  fund 
consist  of, 

1827.  1828. 

Bonds  for  lands  sold              $102,921  $100,378 

"      for  loans                            6,700  6,700 

Money  in  the  treasury                2,954  5,955 

Stock  in  N  Y.  Slate  bank         16,212  16,212 

Do.   in  Albany  Insurance  Co.  10,000  6,000 

Loans  to  individuals                  9,070  19,070 

Public  Stock                             183,248  102,643 

The  revenue  was  estimated  at  16,574  21,074 

The  items  of  the  common  school 
fund  have  been  already  given. 

The  balance  in  the  treasury,       Dec.  1st,  1826, 
amounted  to  $366,012 

Receipts  during  the  year,  ending  Nov.  30Ui, 
for  1827.  1828. 

1,705,337    1,938,006 

Expenditures  1,908,558    1,938,952 

For  the  following  items : 

Expenses  of  government         146,156       184,036 
"       of  state  prisons          43,701        54,103 

Indian  expenses  18.063 


NEW  YORK. 


[33 


expense*  of      lf&7.         1828. 
.      government  115,290       107,857 

Special   appropriations, 

particular  funds  and 

temporary  expenses       1,585,348    1,574,862 

Table  of  the  revenue  from  the  gene- 
ral fund,  and  the  expenses  of  the 
government,  for  14  years. 


Surplus  o 
Revenue. 


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Table  of  annual  increase  or  diminu- 
tion of  state  debt,  for  11  years. 


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VOL.  UI. 


CANALS.— The  coaiptroller's  and 
canal  commissioners'  reports  for  1827 
and  1828  presented  the  following 
results : 

Total  expenditure  on  canals,  previous  to  and  in 
1827,  was  $10,341,149;  in  1828,  $234,483. 

1827.        1828. 

Revenue  from  tolls  $859,058  $838,412 

"  "   auction  duty       290,290    223,687 

"  "    salt  duty  130,658    138,128 

Payments  for  water-pewers 

and  laud  2,463      33,307 

Expenditure,  by  canal  com- 
missioners, 

"    on  loans  for  interest  399,275  424,010 

"       repairs,  expenses,  &c.  399,230  392,142 

"       new  canals  220,593  186,135 

Ei-cess  of  revenue  271,448  231,147 

During  the  year  1828,  the  works  on 
the  Oswego  canal,  with  a  trifling 
exception,  were  completed,  and  a 
good  boat-navigation  extended  from 
the  Erie  canal  to  the  harbour  of  Os- 
wego. Owing  to  the  extraordinary 
floods,  and  the  prevalence  of  a  fatal 
malady  on  the  line  of  the  canal,  the 
completion  of  this  work  was  delayed, 
beyond  the  expectation  of  the  com- 
missioners, until  the  month  of  De- 
cember. 

The  Oswego  canal  is  38  miles  iu 
length ;  one  half  the  distance  con- 
nected with  the  Oswego  river  by 
locks  and  dams,  and  the  other  half  a 
slack  water  navigation  on  the  river. 
Its  structure  consists  of  22  bridges,  7 
culverts,  1  aqueduct,  2  waste-wiers, 
8  dams  across  the  river,  13  locks  of 
stone  and  1  of  stone  and  timber,  with 
an  aggregate  lift  of  123  feet.  The 
sum  of  $505,115.37  has  been  already 
paid  for  the  construction  of  this  canal, 
which  will  be  increased  to  $525,115 
.37. 

The  Cayuga  and  Seneca  canal  was 
completed  on  the  15th  of  November 
last,  and  the  water  admitted  into  eve- 
ry part  of  the  line,  from  the  foot  of  the 
Seneca  lake  to  the  Erie  canal,  at 
Montezuma.  The  little  labour  requir- 
ed to  open  the  navigation  throughout 
the  whole  line,  it  is  believed,  will  be 
completed  as  early  as  the  first  of  May. 
This  canal  is  20  miles  and  24  chains 
in  length,  of  which  ten  miles  is  an 
independent  canal,  and  the  remainder 
a  slack  water  navigation.  It  has  7 
locks,  being  73£  feet  lockage,  19 


34] 


ANNUAL  REGISTER— 1827-8-9. 


bridges,  5  safety  gates,  5  dams,  6  cul- 
verts, 17  miles  offence,  3  lock  houses, 

Staves,                         feet,    4,684,862  ll,006,U«l 
Wheat,                       bush.    1,290,552       554,768 
Coarse  grain,                  "          185,534       122,896 

and  1  collector's  office.     The  amount 

Flax-seed, 

1,050 

614 

appropriated  for  this  work  was  $195, 
000  ;  but  the  entire  expenditure  will 

Peas  and  beans, 
,Flour,                          bbls. 
Provisions, 

5,262 
422,321 
54,123 

8,170 
348,565 
61,350 

be  about  $211,000. 
The  lateral  canal  from  the  Cayuga 

Salt, 
Ashes, 
Kelp,                                ' 

36,713 
20,159 
514 

62,921 
16,259 
166 

and  Seneca  canal  to  the  village  of 

Oil, 

152 

427 

East  Cayuga,  which  is  one  mile  and 

Lime, 
Beer, 

8,612 
676 

7,299 
1,770 

68  chains   in  length,  was  put  under 

Grass  seed,                 tons, 

117 

140 

contract  early  in  May,  1829.     It  will 

Wool, 
Gypsum, 

124 
1,847 

201 
930 

require    a    further    appropriation    of 

Clay,                             " 

354 

554 

$8,000. 

Stone, 

7,669 

15,257 

Cheese, 

362 

529 

Statement  of  the  amount  of  property 
which  passed  Utica  on  the  Erie 
canal,  during  the  years  1827  and 

Butter  and  lard, 
Hops, 
Fur  and  peltry, 
Tallow, 

864 
367 
83 

1,053 
212 

106 

1828. 

Buhr  stone, 

322 

Household  furniture,    " 

1,442 

2,530 

Articles.                                  1827.          1828. 

Merchandise, 

24,439 

33,338 

Domestic  spirits,        galls.    2,170,077    2,504,524 

Wood,                      cords, 

6,207 

Sawed  lumber,            feet,  16,228,322  22,066,603 
Timber,                          "          160,483       242,833 

The  number  of  tons  estimated  for  1827, 

194,091 

Shingles,                         "       8,780,000  36,582,000 

1828, 

214.110 

Statement  of  Sales  at  Auction  in  the  State  of  New  York,  from  1810  to 
1829  inclusive,  from  returns  made  by  the  Auctioneers  to  the  Comptrol- 
ler's Office. 


Amount  of 

Amount  of 

TEARS. 

Amount  of 

sales 

sales 

TOTAL. 

duties. 

dutiable. 

not  dutiable. 

1810 

$126,404  62 

$5,602,662  59 

$510,760  28 

$6,113,422  87 

1811 

110,220  76 

4,393,987  51 

342,155  24 

4,736,142  75 

1812 

124,236  92 

5,203,566  67 

425,451  30 

5,629,017  97 

1813 

156,481  05 

6,001,162  40 

1,051,646  40 

7,052,808  80 

*1814 

86,067  76 

3,527,158  88 

387,631  12 

3,914,787  00 

1815 

182,936  57 

12,124,054  76 

1,037,695  01 

13,161,749  77 

1816 

171,907  40 

11,349,826  07 

765,889  76 

12,115,715  83 

1817 

199,123  38 

12,472,446  92 

726,165  73 

13,198,612  65     . 

1818 

176,032  24 

11,873,658  42 

1,614,418  83 

13,488,077  25 

1819 

141,570  96 

9,538,202  51 

1,727,356  31 

I),  265,558  82 

1820 

153,999  86 

10,182,967  00 

1,833,229  75 

12,016,196  75 

1821 
1822 
1823 
1824 
1825 
1826 
1827 

154,543  92 
180,761  68 
208,254  01 
226,218  13 
285,037  62 
242,810  06 
247,808  24 

10,525,791  05 
12,340,127  54 
13,754,821  57 
15,716,432  28 
19,713,686  67 
16,328,198  52 
16,401,643  68 

1,819,484  72 
1,798,880  88 
3,117,128  86 
3,587,586  48, 
4,530,600  69 
4,722,154  73 
3,063,576  64 

12,345,275  77 
14,139,208  42 
16,871,950  43 
19,304,019  36 
24,244,287  36 
21,050,353  25 
19,465,220  32 

1828 

257,180  40 

17,449,544  64 

8,590,116  29 

26,039,660  93 

•flS29 

242,552  54 

16,536,906  60 

8,685,802  29 

25,222,708  89 

Total      83,674,148  12 

231,036,843  88 

50,337,731  31 

281,374,575  19 

*  The  returns  of  sales  for  1814  having  been  mislaid  at  the  Comptroller's  office,  1 
amounts  are  stated  by  estimating  the  average  of  the  four  preceding  years  in  propoi 
tion  to  the  duties  paid,  as  ascertained. 

•f  The  amount  of  real  estate  sold  in  1829,  (included  in  the  above  not  dutiable.)  ~" 
$2.131.390.62. 


:NEW  YORK. 


[35 


Valuations  of  Real  and  Personal  Estates  in  the  several  Counties  of  New 

York,  for  the  year  1828. 
[Those  Counties  in  Italics  are  returns  for  1827.] 


Counties. 

Real  Estate.             Personal. 

Total. 

Albany 

«7,2b8,005 

$3,380,310 

$10,668,315 

*Alleganyt 

1,600,000 

Broome 

1,459,795 

129,003 

1,588,798 

C  attar  augus, 

1,128,788 

Cayuga 

3,517,574 

609,560 

4,127,134 

Chautauque 

1,754,350 

43,897 

1,798,247 

Chenangot 

3,461,579 

Columbia 

8,313,656 

1,329,243 

9,642,899 

Cortland 

1,970,260 

170,145 

2,140,405 

Delaware 

2,794,921 

247,208 

3,042,129 

Dutchess 

12,584,355 

2,867,871 

15,452,226 

Eriet 

2,676,000 

Essex 

1,258,246 

70,260 

1,328,506 

Franklin 

844,872 

16,976 

861,848 

Genesee 

3,956,793 

328,825 

4,285,618 

Greene 

3,031,605 

327,530 

3,359,135 

Herkimer 

4,221,605 

505,596 

4,727,201 

Jefferson 

2,393,051 

172,023 

2,565,074 

Kings 

6,177,731 

1,504,989 

7,682,720 

Lewis 

1,356,638 

44,362 

1,411,000 

Livingston 

3,098,906 

228,628 

3,327,534 

Madisont 

4,362,044 

Monroe 

5,191,643 

524,823 

5,716,466 

Montgomery 
New  York 

4,104,106 
72,617,770 

616,341 
39,594,156 

4,720,447 
112,211,926 

*Niagarat 

1,400,000 

Oneida 

8,001,914 

2,018,024 

10,019,938 

Onondaga 

4,812,973 

345,453 

5,159,426 

Orange 

7,273,817 

1,336,695 

8,610,512 

Orleans 

1,442,686 

43,384 

1,486,070 

Ontario 

5,696,240 

625,087 

6,321,327 

Oswego 

1,941,692 

60,314 

2,002,006 

Otsego 

4,864,963 

672,756 

5,537,719 

Putnam 

1,912,229 

329,221 

2,241,450. 

Queens 

4,948,730 

1,708,650 

6,657,380 

Rensselaer 

6,672,902 

2,643,027 

9,315,929 

Richmond 

621,215 

102,064 

723,279 

Rockland 

1,521,735 

268,990 

1,790,725 

Saratoga 

5,120.919 

634,694 

5,755,613 

Schenectady 

1,578,027 

371,225 

1,949,252 

Schoharie 

2,226,000 

175,016 

2,401,016 

Seneca 

2,729,738 

159,639 

2,889,377 

St.  Lawrence 

2,483,426 

79,546 

2,562,972 

Steuben 

1,408,889 

61,572 

1,470,461 

Suffolk 

3,948,642 

695,880 

4,644,522 

Sullivan 

1,187,800 

56,036 

1,243,836 

Tioga 

2,104,301 

144,182 

2,248,483 

Tompkins 

3,078,115 

355,225 

3,433,340 

Ulster 

4,203,635 

477,568 

4,681,203 

Warren 

924,983 

39,324 

964,307 

Washington 

5,059,425 

639,986 

5,699,411 

Wayne 

2,922,426 

116,743 

3,039,169 

Westchester 

7,768,979 

1,421,637 

9,190,616 

Yates 

1,540,203 

75,418 

1,615,621 

245,932,486 

68,379,102 

t  Add  estimate  } 
for  6  counties  < 

11,628,411 

3,000,000 

Total 

8257.560.897 

$71,379,102 

*328,939,999 

36] 


ANNUAL  REGISTER— 1827-8-9. 


sident  of  the  Congress.  Aug-uet,  1775. 
The  State  Government  went  into  opera- 
tion after  the  adoption  of  the.  Constitution, 
April  20,  1777.] 

GOVHBNOBS  ELECTED  BY  THE  PEOPLE. 

from  17T7  to  1795. 


George  Clinton, 


Governors  and  other  Chief  Magistrates  of  the  Colony  and  State  of  i\e it- 
York,  from  1629  to  1829. 

D0TCH  GOVEBNORS.  gress.    Nathaniel  Woodhull  elected  Pre- 

Wouter  Van  Twiller.  from  1629  to  1633. 
William  Kieft,  «     1638  to  1647. 

Peter  Stuyvesant,  "      1647  to  1664. 

Anthony  Colve,  from  Oct.  J14th,  1673,  to 
Feb.  9th,  1674. 

ENGLISH   GOVEBKOBS. 

Richard  Nicolls,  from  Sept.  7, 1664  to  1667. 
Francis  Lovelace,  from  1667  to  Oct.  1673. 
Sir  Edmund  Andross,  from  1674  to  1681. 
Anthony  Brockholst,       "      1681  to  1683. 
Thomas  Dongan,  "     1683  to  168& 

Francis  Nicholson,         "     1688 
Jacob  Leisler,  (Lt.  Gov.)  from  1689  to  1691. 
Henry  Sloughter,  "       1691 

Richard  Infolsby,  (Lt.  Gov.)  1691. 
Benjamin  Fletcher,  from  1692  to  1698. 
Richard.  Earl  of  Bellamont,  from  1698  to 

1701. 

John  Nanfan,  Lt.  Gov.  from  1701  to  1702. 
Lord  Cornbury,  from  1702  to  1708. 
Lord  Lovelace,      "     1708  to  1709. 
Richard  Ingolsby,  (Lt.  Gov.  1709. 
Gerardus  Beekman,  (President,)  1710. 
General  Hunter,  from  1710  to  1719. 
Peter  Schuyler,  (Pres.)  from  1719  to  1720. 


John  Jay, 
George  Clinton. 
Morgan  Lewis, 
Daniel  D.  Tompkins, 
John  Tayler,  (Lt.  Gov.) 
De  Witt  Clinton,  July  4th, 
Joseph  C.  Yates, 
De  Witt  Clinton, 

Nathaniel  Pitcher,  (Lieut  Gov.)  from 
the  death  of  Gov.  Clinton,  Feb.  9th,  1828, 
to  1st  January,  1829. 

Martin  Van  Buren,  from  1st  January  to 
March,  1829,  when  he  resigned  on  being 
appointed  Secretary  of  State. 

Enos  T.Throop,  (Lieut.  Governor,)  from 
1829. 


1795  to  1801. 
1801  to  1804. 
1804  to  1807. 
1807  to  1817. 
1817 

1817  to  1822. 
1822  to  1824. 
1824  to  1828. 


William  Burnet, 

John  Montgomery, 

Rip  Van  Dam,  (Pres.)      " 

William  Crosby, 

George  Clark, 

George  Clinton,  1  * 

James  Delancy,  (Lt.  GOT.) 

Danvers  Osborn,  " 

Sir  Charles  Hardy,          '  « 

James  Delancy,  (Ltv-Gov.) 

CadwalladerColden,  (Lt-Gov.) 

from  1760  to  1762. 

Robert  Monckton,  "      1762  to  1763. 

Cadwallader  Colden,  (Lt.  Gov.) 


Henry  Moore,  "     1765  to  1770. 

John  Earl  of  Dunmore,    "     1770  to  1771. 
William  Tryon,  «     1771  to  1775. 

[Colonial  governmwnt  suspended  May, 
1775,  from  which  time  to  April,  1777,  New 
York  was  governed  by  a  provincial  Con- 


From  the  above  statement  it  appears, 
that  three  Dutch  governors  presided  over 
the  colony  of  New  York,  from  its  settle- 
ment in  1629  to  1664,  when  it  was  taken 
by  the  English,  and  one  do.  (Mr.  Colve,) 
for  the  few  months  it  was  held  by  the  Dutch 
on  a  recapture  in  1673.  With  the  excep- 
tion of  those  few  months,  the  English  held 
the  colony  about  111  years,  viz.  from  1664 
to  the  American  Revolution,  in  1775;  du- 
ring which  time  thirty-four  governors, 
presidents,  &c.,  administered  the  govern- 
ment. Under  the  State  government  it  will 
be  observed,  that  only  seven  different  per- 
sons have  been  elected  governor  by  the 
uiiov.)  people,  viz.  George  Clinton,  presiding  21 

from  17  »3to  1765.  years  John  Jay  6  years  Morgan  Lewis, 
3  years,  Daniel  D.  Tompkins,  10  years, 
De  Witt  Clinton,  9  years,  Joseph  C.  Yates, 
2  years,  and  Martin  Van  Buren  2  months. 
Three  Lieut.  Governors  have  acted  as 
Governors,  viz. ;  John  Tayler,  Nathaniel 
Pitcher,  and  Enos  T.  Throop. 


1720  to  1728. 
1728  to  1731. 

1731  to  1732. 

1732  to  1736. 
1736  to  1743.  • 
1743  to  1763. 
1753 

1753  to  1755. 
1755  to  1757. 
1757  to  1760. 


Table  showing  the  number  of  votes  9t  Elections  for  Governor  of  the  State 
of  New  York,  from  1789  to  1828,  from  the  Official  Returns  in  the  office 
of  the  Secretary  of  State. 

Whole 

Year.  Candidates.  Votes-          Majority.          No.  of  votes. 

1789  George  Clinton  8,391 

Robert  Yates  6,962  329  12,353 

1792  George  Clinton  8,440 

Johu  Jay  *8,332  108  16,772 

Excluding  the  votes  of  Clinton,  Oswego,  and  Tioga  counties,  which  were  not  canvassed. 


NEW  YORK. 


[3? 


1795 
1798 
1801 
1804 
1807 
1810 
1813 
1816 
1817 
1820 

1822 
1824 
1826 
1828 

John  Jay 
Robert  Yates 

John  Jay 
Robert  R.  Livingston 

George  Clinton 
Stephen  Van  Rensselaer 

Morgan  Lewie 
Aaron  Burr 

Daniel  D.  Tompkins 
Morgan  Lewis 

Daniel  D.  Tompkins 
Jonas  Platt 

Daniel  D.  Tompkins 
Stephen  Van  Rensselaer 

*  Daniel  D.  Tompkins 
Rufus  King 

De  Witt  Clinton 
Peter  B.  Porter 

De  Witt  Clinton 
Daniel  D.  Tompkins 

NEW  CONSTITUTION. 
Joseph  C.  Yates 
Solomon  Southwick 

De  Witt  Clinton 
Samuel  Young 

De  Witt  Clinton 
William  B.  Rochester 

Martin  Van  Buren 
Smith  Thompson 
Solomon  Southwick 

13,481 
11,892 

1,589 
2,380 
3,965 
8,690 
4,085 
6,610 
3,606 
6,765 

1,457 

16,359 
3,650 

25,373 
29,644 
45,651 
52,968 
66,063 
79,578 
83,042 
84,059 
44,789 
93,437 

131,403 
190,545 
195,920 
276,283 

16,012 
13,632 

24,808 
20,843 

30,829 
22,139 

35,074 
30,989 

43,094 

36,484 

43,324 
39,718 

45,412 
38,647 

43,310 
1,479 

47,447 
45,990 

128,493 
2,910 

103,452 
87,093 

99,785 
96,135 

136,794  > 
106,444  £ 
33,345  3 

*  Resigned  1817,  being  chosen  Vice  President  of  the  United  States. 


NEW  YORK  CITY. 
PROGRESS  OF  STOCKS  IN  THE  CITY  OF  NEW  YORK. 


Banks. 

Marine  Insurance. 

F*ire  Insurance. 

Year. 

Capital. 

Dividend. 

Capital. 

Dividend. 

Capital. 

Dividend. 

1819 

15,900,000 

782,000 

3,860:000 

412,250 

4,5*0,000 

237,500 

1820 

15,900,000 

921,500 

3,850,000 

250,750 

4,500,000 

365,000 

1821 

15,900,000 

920,500 

3,850,000 

250,650 

4,500,000 

364,500 

1822 

16,000,000 

921,200 

3,850,000 

320,150 

4,500,000 

365,500 

1823 

15,500,000 

992,500 

3,150,000 

276,500 

7,400,000 

485,000 

1824 

15,600,000 

617,050 

4,650,000 

317,000 

7,400,000 

552,500 

1825 

17,450,000 

936,500 

5,300,000 

221,000 

11,900,000 

767,500 

1826 

17,500,000 

1,031,500 

5,300,000 

260,000 

12,150,000 

717,750 

1827 

17,880,000 

1,025,400 

-4,350,000 

228,000 

12,450,000 

602,000 

1828 

18,330,000 

1,039,200 

4,100,000 

301,500 

10,100,000 

467,000 

1829 

17,830,000 

977,080 

3,000,000 

442,000 

7,800,000 

464,500 

Eleven  years'  ?      ,Q  QD«  0™ 
dividends  ; 

3,259,880 

5,388,750 

38] 


ANNUAL  REGISTER— 1827-8-9. 


In  the  previous  estimates  reference  is  had  especially  to  capital  productive  and  un- 
productive; as  for  example,  the  Bank  Capital,  for  the  past  year,  is  $17,830,000.  Whole 
dividend  $977,000,  of  which  $2,700,000  made  no  dividend ;  but  in  the  estimate  above, 
the  capital  of  each  year,  and  the  entire  dividend  for  each  year  is  stated,  whether  pro- 
ductive or  silent,  and  the  average  of  eleven  years  taken  on  each  species  of  stock. 

Yearly  Capital  Yearly  Dividend  Yearly  Bate  of 

STOCKS  IN  NEW  YORK.  Average.  Average.  int.  to  the  doll. 

11  years'  Banks,  16,708,181  917,026  cents.  6.488 

Do.        Marine  Insurance,     4,113,636  296,353  7.206- 

Do.        Fire  Insurance,          7,927,273  489,887  6.179 

Average  amount  of  paper  discounted  yearly,  .  .  .  $91,702,666 

Total  amount  discounted  in  eleven  years,  .  .  .         1,008,729,326 

The  old  U.  States  Bank  existed  20  years,  with  a  capital  of  10,000,000 

and  made  an  annual  average  dividend  of  8  1-3  per  cent,  during  the 

continuance  of  its  charter,  amounting  to  .... 


BANK  STOCK. — The  following  is  a 
statement  of  the  amount  of  stock  in 
the  New  York  banks,  and  where  own- 
ed, in  the  years  1823  and  1827,  made 
to  the  assembly,  by  the  comptroller,  in 
obedience  to  a  resolution  of  Mr.  Gran- 
ger. By  this  it  will  be  seen  that  not- 
withstanding the  tax  of  1823  on  bank 
stock,  that  the  foreign  stock  has  large- 
ly increased. 

1823. 
Amount  owned  in  the  city  of  New 

York,  $8,619,025 

Owned  in  tbe  state,  and  out  of  the 

city,  478,250 


16,666,666  60 

Owned  out  of  the  state,  3,855,125 

Owned  by  the  people  of  the  state  of 
New  York,  290,800 


Total  capital, 


$13,243,200 


1827. 

Amount  owned  in  the  city  of  New 

York,  $10,804,120 

Owned  in  the  state,  and  out  of  the 

city,  846,670 

Owned  out  of  the  state.  4,309,610 

Owned  by  the  people  of  the  state  of 

New  York,  300,800 


Total  capital, 


$16,261,200 


The   deaths  in  the  city  of  New  York, 
during  the  years  1827  and  1828,  were  : 
1827  1828 

Men,      .        .        .        1,536  1,574 

Women,         .        .  991  1,045 

Boys,      .         .        .        1,457  1,447 

Girls,     .        .        .        1,197  1,115 

Total,  4,973  5,181 

FINANCES. — The  Comptroller's  reports, 


for  the  same  years,  presents  the  following 
results : 

1827          1828 

Balance  in  the  Trea-  >    ..on  nnn 
sury,  Dec.  31,  1826,  <    S39>99{ 
Rec.  to  Dec.  31,  1827, 1,444,631  $1,108,306 
Expenditures,  1,179,634     1,098,677 


4,996       $14,625 


Balance  in  treasury, 

Amount  of  city  debt  >  Qflo  0-7  A 

Dec.  31,  1827,          \  808,374 

Do.         1828,  913,780 


NEW  YORK. 


REVISED  STATUTES. 


In  the  second  volume  of  this  work, 
page  462,  will  be  found  an  account  of 
the  contemplated  revision  of  the  sta- 
tutory code  of  this  state,  and  of  the  ge- 
neral features  of  the  plan.  Durlngthe 
year  1828,  an  extra  session  was  held, 
with  the  view  of  completing  the  revi- 
sion ;  and  on  the  10th  day  of  Decem- 
ber, 1828,  the  signature  of  the  acting 
governor,  Nathaniel  Pitcher,  was  af- 
fixed to  the  concluding  chapters  of  the 
revision.  The  work  was  now  com- 
pleted, and  provision  was  made  for 
the  new  code  to  go  into  effect  on  the 
1st  of  January,  1830.  The  principle 
of  this  revision  was  as  yet  untried,  and 
as  it  made  great  alteration  in  the  ex- 
isting statutes  of  New  York,  which, 
so  far  as  they  alter  the  common  law, 
are  generally  taken,  with  some  modi- 
fications, from  the  old  English  sta- 
tutes, we  have  thought  it  expedient 
to  give  an  abstract  of  the  principal 
provisions  of  the  new  code,  which  we 
have  found  already  prepared  for  us 
by  one  of  the  revisers,  John  C.  Spen- 
cer. Some  additions  have  been  made 
to  his  remarks,  and  the  whole  is  given 
as  illustrating  an  event,  which  will 
hereafter  be  justly  considered  ..as  one 
of  the  most  important  in  the  history 
of  the  state. 

As  it  was  a  prominent  object  to  ar- 
range all  the  statutes  relating  to  the 
same  subject  together,  a  division  of 
the  work,  according  to  the  nature  of 
the  several  subjects,  was  indispensa- 


ble. It  has  accordingly  been  divided 
into  FOUR  principal  PARTS.  Each 
part  is  divided  into  Chapters  ;  most  of 
these  are  again  divided  into  Titles, 
and  the  Titles  into  Articles. 

Thejirst  part  treats  of  the  territo- 
rial limits  and  divisions,  the  civil  po- 
lity, and  the  internal  administration 
of  this  state,  and  consists  of  twenty 
chapters.  The  first  chapter  declares 
the  boundaries  of  the  state.  These 
have  never  before  been  defined  by  any 
legislative  act,  and  the  precise  boun- 
daries between  us  and  the  adjoining 
states,  could  be  ascertained  only  by 
consulting  numerous  documents  in 
the  office  of  the  secretary  of  state. 
The  duty  of  the  government,  of 
district  attorneys  and  sheriffs,  in 
maintaining  the  sovereignty  of  the 
state,  and  preventing  intrusions  on 
its  lands,  is  also  prescribed  in  this 
chapter.  It  then  contains  an  enu- 
meration of  all  the  places  which  have 
been  ceded  to  the  United  States,  with 
the  reservations  as  to  the  authority 
of  the  State  over  the  respective"  ces- 
sions. 

The  second  chapter  contains  the 
boundaries  and  descriptions  of  the 
several  counties,  senate  districts, 
congress  districts,  towns,  and  ci- 
ties ;  and  prescribes  the  notices  to  be 
given,  and  the  surveys  and  maps  to 
be  furnished,  in  case  of  application 
to  the  legislature  for  the  erection,  di- 
vision, or  alteration  of  counties,  ci- 
ties, villages,  ani  towns. 

The  third  chapter  contains  provi- 
sions for  taking  a  census  of  the  inha- 
bitants, and  obtaining  statistical  in- 
formation, once  in  every  ten  years 
after  1825. 

The  fourth  chapter  is  a  declaration 
of  the  rights  of  the  citizens  and  in- 
habitants of  this  state,  compiled 
from  the  Bill  of  Rights,  and  from  the 


40] 


ANNUAL  REGISTER— 1827-8-9. 


Constitution  of  this  State,  and  of 
the  United  States. 

The  fifth  chapter  relates  to  public 
officers,  other  than  those  belonging  to 
militia  and  to  towns.  The  first  title 
is  a  complete  enumeration  of  all  the 
officers  of  the  state  :  there  are  to  be 
ten  masters  and  three  examiners  in 
chancery  in  New  York,  five  masters 
and  three  examiners  in  Albany,  and 
not  more  than  three  masters  and 
three  examiners  in  every  other  coun- 
ty. In  New  York  the  number  of 
commissioners  of  deeds  is  limited  to 
100,  and  of  notaries  public  to  100. 
In  all  other  cities  the  common  coun- 
cil is  to  determine  and  limit  the  num- 
ber of  commissioners  and  notaries  to 
be  appointed  in  their  respective  cities. 
Circuit  judges,  supreme  court  com- 
missioners, masters  and  examiners  in 
chancery,  are  required  to  reside  in  the 
circuit,  county,  or  place  for  which 
they  are  appointed.  Surrogates,  su- 
preme court  commissioners,  and  jus- 
tices in  cities,  are  confined  in  the 
execution  of  their  offices,  to  the  coun- 
ties and  districts  for  which  they  are 
appointed.  Commissioners  of  deeds 
must  reside  within  the  towns  for 
which  they  are  appointed,  but  may 
execute  their  offices  within  the  coun- 
ty, and  not  out  of  it.  Justices  of  the 
peace  must  reside  in  the  towns  for 
which  they  are  chosen,  and  cannot 
try  a  civil  cause  in  any.  other  towns, 
unless  specially  authorized  by  law. 
Notaries  public  must  reside  within 
the  cities  or  counties  for  which  they 
were  appointed,  but  may  execute  their 
offices  in  any  part  of  the  state. 
Sheriffs,  clerks  of  counties,  coroners, 
and  district  attorneys,  are  required  to 
reside  in  their  respective  counties. 

The  second  title  of  this  chapter  re- 
lates to  legislative  officers,  and  the 
only  new  provisions  are,  an  addition 
to  the  disqualifications  of  members, 
by  which  they  are  not  allowed  to  re- 
ceive any  appointment  from  the  go- 
vernor, during  the  term  for  which  they 
were  selected,  except  those  offices  of 
which  the  appointment  is  by  the 
constitution  vested  in  the  governor : 


and  a  provision  to  compel  members 
of  the  legislature  elected  to  Congress, 
to  declare  which  office  they  accept. 

The  fourth  article  of  title  four  of 
this  chapter,  contains  provisions  for 
ascertaining  by  lot,  the  classes  to 
which  justices  of  the  peace  belong, 
when  more  than .  one  are  chosen  at 
any  election,  and  prescribes  in  what 
towns  justices  are  to  act,  when  the 
town  for  which  they  were  chosen  has 
been  divided  or  altered.  [By  an 
art  of  May  4,  1829,  passed  since 
the  revision,  justices  of  the  peace 
are  to  be  chosen  at  town  meetings, 
after  the  2d  of  January,  1830.] 

By  the  first  article  of  title  six  of 
this  chapter,  it  is  provided  that  no 
person  can  hold  any  office,  unless  he 
be  a  citizen  of  the  state,  and  twenty- 
one  years  of  age  ;  no  person  elected 
in  the  common  council  of  any  city 
can  receive  any  office  from  such  coun- 
cil, except  those  where,  by  the  con- 
stitution, the  council  has  the  right  of 
appointing.  All  officers  elected,  ex- 
cept when  chosen  to  supply  vacan- 
cies, are  to  enter  on  their  duties  on 
the  succeeding  first  of  January.  All 
officers  for  whose  appointment  there 
is  no  provision  by  law  or  by  the  Con- 
stitution, are  to  be  appointed  by  the 
senate  on  the  nomination  of  the  go- 
vernor. In  all  cases,  not  otherwise 
provided  for,  every  deputy  of  an  of- 
ficer is  to  possess  the  powers,  and 
perform  the  duties,  of  his  principal, 
during  his  absence,  or  during  a  va- 
cancy in  the  office.  Sheriffs  and 
clerks  of  counties,  and  all  officers 
duly  appointed,  except  the  chancel- 
lor, supreme  court  justices,  and  cir- 
cuit judges,  are  to  continue  to  dis- 
charge the  duties  of  their  offices,  al- 
though the  term  of  office  may  have 
expired,  until  a  successor  is  ap- 
pointed. 

The  second  article  of  title  six,  con- 
tains many  new  provisions  concerning 
the  nominations  of  officers  to  the 
senate,  and  the  evidence  of  their  ap- 
pointment. The  certificate  of  boards 
of  canvassers,  to  be  evidence  of  the 
result  of  the  election.  The  evidence 


YORK, 


of  the  appointment  of  commissioners 
of  deeds,  is  to  be  a  certificate  signed 
by  the  first  judge  of  the  county  and 
the  chairman  of  the  board  of  super- 
visors. 

By  the  third  article  of  title  six,  the 
oath  of  office  of  justices  of  the  peace 
and  commissioners  of  deeds,  is  to  be 
taken  before  the  clerk  of  the  county. 
The  oaths  of  state  officers  are  re- 
quired to  be  deposited  with  the  secre- 
tary of  state,  except  that  of  circuit 
judges,  which  is  to  be  filed  with  the 
clerk  of  the  county  in  which  he  re- 
sides. The  oaths  of  other  officers 
generally,  are  to  be  deposited  with 
the  county  clerk.  Notice  of  the  neg- 
lect of  any  officer  to  file  his  oath  of 
office  is  to  be  given  to  the  governor, 
and  of  the  neglect  of  justices  of  the 
peace,  to  the  supervisor  of  their  town. 
Bonds  given  by  any  officer  are  de- 
clared to  be  in  force,  so  long  as  he 
shall  discharge  the  duties  of  the  office, 
or  until  new  bonds  shall  have  been 
given. 

Article  fourth  of  title  six,  prescribes 
to  whom  resignations  by  different 
officers,  are  to  be  made :  by  members 
of  the  legislature,  to  the  presiding 
officer  of  their  respective  houses  ;  by 
justices  of  the  peace,  to  the  supervi- 
sor of  the  town ;  by  commissioners 
of  deeds,  to  the  first  judge  of  the 
county  ;  by  other  officers,  generally, 
to  the  board  or  officer  that  appointed 
them.  Every  office  is  to  be  deemed 
vacated,  by  the  death  of  the  incum- 
bent ;  by  his  resignation ;  by  his  remo- 
val from  office,  by  his  ceasing  to  be 
an  inhabitant  of  this  state  ;  by  hie 
ceasing  to  be  an  inhabitant  of  the  dis- 
trict, county,  town,  or  city,  for  which 
he  was  appointed ;  by  his  conviction 
for  an  infamous  crime,  or  one  involv- 
ing a  violation  of  his  oath  of  office ; 
by  his  refusal  to  take  the  oath  of 
office  or  to  give  an  official  bond,  with- 
in the  prescribed  time ;  or  by  a  compe- 
tent court  declaring  void  his  election 
or  appointment.  The  court  by  which 
such  decision  is  made,  or  before 
which  any  such  conviction  shall  be 
had,  is  to  give  notice  thereof  to  the 
governor.  County  clerks  are  to  give 

VOT..  ITT.  fi 


notice  thereof  to  the  governor,  when- 
ever any  officer  dies  before  the  expi- 
ration of  his  term,  or  removes  from 
the  county,  &c.  The  governor  may 
declare  vacant  the  ofi'ce  of  every 
person  who  has  given  an  official  bond, 
whenever  a  judgment  shall  bo  obtain- 
ed for  a  breach  of  the  condition  of 
such  bond.  The  governor  may  sup- 
ply, temporarily,  vacancies  happening 
in  offices  during  the  recess  of  the 
senate,  except  the  chancellor,  &c. 
and  also  vacancies  where  the  ap- 
pointment was  made  by  the  legisla- 
ture. Vacancies  in  the  offices  of 
sheriff  and  county  clerk,  except  where 
they  arise  from  the  death  of  the  in- 
cumbent, are  to  be  supplied  by  the 
governor  until  an  election  be  had. 
This  article  also  contains  very  copious 
provisions  for  taking  testimony,  on 
complaints  made  to  the  governor 
against  sheriffs  and  county  clerks. 

The  fifth  article  of  title  six,  is  en- 
tirely new,  consisting  of  provisions 
to  compel  the  delivery  of  books  and 
papers  by  public  officers,  to  their 
successors.  An  order  to  show  cause, 
may  be  granted  by  certain  officers, 
upon  which  the  party  charged  with 
detaining  books  may  exculpate  him- 
self by  oath,  and  if  he  does  not,  he 
may  be  committed,  and  a  warrant  to 
search  for  and  seize  the  books,  &c., 
may  issue,  and  those  belonging  to 
the  office  are  to  be  delivered  to  the 
incumbent.  In  case  of  the  death  of 
an  officer,  similar  proceedings  may 
be  had  to  obtain  books,  &c.  in  the 
hands  of  his  representatives  or  of 
any  other  persons. 

Chapter  six,  of  the  first  part,  is  the 
act  regulating  all  elections,  except 
those  for  militia  and  town  officers. 
As  this  act  has  been  published  in  a 
pamphlet  form,  distributed  very  gene- 
rally throughout  the  state,  and  as  our 
elections  have  been  held  under  its  pro- 
visions, it  is  not  deemed  necessary  to 
notice  the  alterations  made  by  it.  It 
may  be  observed  that  these  alterations 
consist  chiefly  in  new  provisions  res- 
pecting the  cases,  when  special  elec- 
tions are  to  be  held,  and  the  mode  of 
keeping  poll  lifts.. 


42J 


ANNUAL  REGISTER— 1827-8-9. 


Chapter  seven,  of  the  first  part,  is 
entitled  "  Of  the  Legislature."  The 
difficult  subject  of  legislative  con- 
tempt, is  here  disposed  of.  The  cases 
in  which  the  power  of  punishing  for 
breaches  of  the  priviliges  of  either 
douse  or  of  any  member,  are  distinctly 
enumerated  under  five  heads.  1st. 
Arresting  members  or  officers  during 
their  privilige.  2d.  Disorderly  con- 
duct in  the  immediate  view  of  either 
house.  3d.  Publishing  false  and  ma- 
licious reports  of  the  proceedings  of 
the  house,  or  of  the  official  conduct 
of  a  member.  4th.  Refusing  to  at- 
tend, or  be  examined  as  a  witness  by 
a  committee,  &c.  5th.  Attempting 
by  menace  or  any  corrupt  means  to 
influence  a  member.  Imprisonment 
is  not  to  extend  beyond  the  same  ses- 
sion of  the  legislature.  Bills  are  not 
to  be  deemed  to  have  passed  by  two- 
thirds,  unless  so  certified  by  the  pre- 
siding officers  of  each  house.  Every 
chairman  of  a  committee  authorized 
to  send  for  persons  and  papers,  may 
issue  compulsory  process  for  the  at- 
tendance of  witnesses,  and  may  issue 
commissions  to  take  testimony  out  of 
the  state.  Provisions  are  inserted  to 
enable  any  person  intending  to  con- 
test the  election  of  a  member,  to  take 
testimony  before  certain  judges,  and 
prescribing  the  proceedings  and  fees. 
The  usual  classes  in  supplying  bills 
will  hereafter  be  unnecessary.  Every 
law  is  to  take  effect  on,  and  not  be- 
fore, the  twentieth  day  after  its  pas- 
sage, unless  otherwise  prescribed 
therein.  This  is  an  entirely  new 
provision.  Every  law,  except  acts  of 
incorporation,  is  to  be  delivered  to 
the  state  printer,  to  be  published  by 
him. 

Chapter  eight,  of  the  first  part,  re- 
lates tp  the  duties  of  executive  offi- 
cers. The  comptroller's  powers  and 
duties  are  more  distinctly  defined : 
among  others,  he  is  authorized  to  re- 
quire all  persons  receiving  moneys  or 
securities  belonging  to  the  state,  or 
liaving  the  disposition  of  its  property, 
to  account  to  him ;  and  to  require  per- 
sons presenting  accounts  for  settle- 
ment to  be  sworn  to  them.  Moneys 


received  by  the  treasurer,  except  those 
belonging  to  the  canal  fund,  are  to  be 
deposited  in  such  banks  in  Albany  as 
will  pay  the  highest  rate  of  interest, 
therefor.  The  accounts  of  the  trea- 
surer are  to  be  examined  annually  by 
a  committee  appointed  by  the  legisla- 
ture, who  are  to  report  at  the  next  ses- 
sion upon  the  several  matters  particu- 
larly specified.  In  the  enumeration 
of  the  duties  of  the  attorney  general . 
it  is  provided  that  when  an  action  of 
ejectment  shall  be  brought  by  him,  or 
by  directions  of  the  land  office,  to  es- 
cheat lands,  or  for  any  other  purpose, 
and  the  plaintiff  shall  fail,  the  state 
shall  pay  costs,  in  the  same  manner 
as  an  individual. 

The  surveyor  general  is  required  to 
keep  a  map  of  the  state,  on  which  ho 
shall  delineate  the  bounds  of  all  towns 
or  counties  erected  or  altered  by  the 
legislature ;  and  he  is  authorized  to 
hear  and  determine  all  disputes  be- 
tween officers  of  towns  respecting  the 
boundaries  of  their  towns. 

The  state  printer  is  required  to 
print  312  copies  of  the  journals  of 
each  house,  and  250  copies  of  all  bills, 
or  documents  ordered  by  either  house; 
he  is  to  print  in  Albany  a  newspaper, 
in  which  the  public  laws  are  to  bo 
forthwith  published,  and  such  publica- 
tion is  to  be  evidence  of  the  statuto 
for  the  term  of  three  months  after  the 
end  of  the  session  at  which  it  was 
passed ;  he  is  to  deliver  bound  copies 
of  the  session  laws  to  the  secretary  of 
state  within  one  month  after  the  close 
of  the  session. 

Copies  of  papers  filed  with  the 
comptroller  or  surveyor  general,  cer- 
tified by  them,  are  to  be  evidence  in 
the  same  manner  as  the  originals. 

Chapter  nine,  of  the  first  part,  re- 
lates to  the  funds,  revenue,  property 
and  expenditures  of  the  state.  The 
general  fund  of  the  state,  and  the  ge- 
neral and  special  charges  upon  it,  are 
designated.  The  items  comprising 
the  canal  fund  are  enumerated,  and 
provisions  for  its  management  me- 
thodized, as  are  those  concerning  the 
literature  fund  and  the  common  school 
fund.  The  numerous  minute  and  spp- 


NEW  YORK. 


t.-iai  provisions  concerning1  the  sale  of 
unappropriated  lands,  the  protection 
of  the  public  lands,  and  the  proceed- 
ings on  mortgages  to  the  state,  are 
collected,  arranged,  and  simplified. 
Title  nine  is  devoted  to  the  canals, 
and  as  it  is  local  has  been  pub- 
lished and  extensively  circulated,  it 
is  deemed  unnecessary  to  notice  its 
provisions.  The  tenth  title  relates  to 
the  Salt  Springs,  and  is  a  collection  of 
all  the  laws  on  that  subject,  which 
being  local  in  its  nature,  an  enumera- 
tion of  the  alterations  in  relation  to  it 
is  unnecessary. 

Chapter  ten,  Of  the  first  part,  is  en- 
titled "  Of  the  militia  and  the  public 
defence."  This  system  is  very  simi- 
lar to  that  formerly  acted  upon,  and  is 
upon  the  principle  of  stated  parades, 
and  partial  discipline. 

Chapter  eleven,  of  the  first  part,  re- 
lates to  the  powers,  duties,  and  privi- 
leges of  towns.  The  rights  and  pow- 
ers of  towns  as  bodies  corporate  are 
defined  ;  acts  and  proceedings  by  and 
against  a  town  are  to  be  in  its  name, 
but  conveyances  of  land  made  for  the 
use  of  its  inhabitants,  in  any  manner, 
are  to  be  deemed  valid.  Provision  is 
made  for  the  division  of  the  real  and 
personal  property  belonging  to  a  town, 
upon  its  being  divided  or  altered  in  its 
limits,  and  for  the  apportionment  of  its 
debts;butburying  grounds  are  to  belong 
to  the  towns  in  which  they  shall  be 
situated,  after  a  division.  At  the  next 
town  meetings,  the  electors  are  to  fix 
the  time  of  holding  town  meetings, 
which  must  be  on  some  Tuesday  be- 
tween the  first  Tuesday  in  February 
and  the  first  Tuesday  in  May,  in  each 
year,  and  when  fixed,  is  not  to  be  al- 
tered within  three  years  thereafter. 

Assessors  and  commissioners  of 
highways  are  by  virtue  of  their  offices 
to  be  fence-viewers,  and  that  office  is 
abolished.  The  powers  of  town- 
meetings  are  enumerated  under  thir- 
teen heads,  among  which  is  that  to 
make  rules  and  regulations  for  ascer- 
taining the  sufficiency  of  all  fences  in 
such  town ;  for  determining  the  times 
and  manner  in  which  cattle,  horses,  or 
sheep  shall  be  permitted  to  go  at 


large  on  highways  ;  and  ibr  impound, 
ing  animals.  The  purposes  for  which 
special  town  meetings  may  be  held, 
and  the  manner  of  convening  them  on 
the  request  of  twelve  electors,  are 
pointed  out.  Civil  process  is  not  to 
be  served  on  any  elector  on  the  day 
of  holding  town  meeting.  Among 
the  provisions  respecting  the  mode  of 
conducting  town  meeting?,  the  pre- 
siding officers  are  vested  with  the 
like  authority  to  preserve  order  and 
to  commit  for  disorderly  conduct,  as  is 
possessed  by  inspectors  of  a  general 
election :  and  upon  any  person  offer- 
ing to  vote,  he  may  be  challenged, 
and  the  same  proceedings  are  to  be 
had  as  at  general  elections.  Certain 
officers  are  required  to  be  chosen  by 
ballot,  who  are  all  to  be  voted  for  oa 
one  ballot ;  poll  lists  are  to  be  kept, 
boxes  are  to  be  kept  for  receiving  the 
ballots,  and  they  are  to  be  canvassed 
as  at  general  elections.  The  result  is 
to  be  publicly  read  by  the  clerk,  which 
is  to  be  deemed  notice  to  any  person 
who  voted.  Others  are  to  be  notified 
of  their  election  by  the  clerk.  No 
other  qualification  for  a  town  office  is 
required,  but  being  an  elector  of  the 
town.  The  officers  chosen  are  re- 
quired to  take  the  oath  of  office  or 
give  notice  of  acceptance  within  cer- 
tain times  :  a  neglect  to  do  so  is  to  be 
deemed  a  refusal  to  serve.  Persons 
refusing  to  serve  as  supervisor,  towa 
clerk,  assessor,  commissioner  of  high- 
ways, or  overseers  of  the  poor,  for- 
feit fifty  dollars  to  the  town  ;  for  re- 
fusing to  serve  in  other  town  offices, 
the  penalty  is  ten  dollars.  Officers 
required  to  take  an  oath  of  office,  for- 
feit fifty  dollars  to  the  town  for  enter- 
ing upon  their  duties  without  having 
taken  such  oath.  If  a  town  neglects 
to  choose  any  officers  at  the  annual 
town  meeting,  three  justices  of  the 
peace  of  the  town  are  to  appoint  them. 
If  a  vacancy  happens  in  the  office  of 
supervisor,commissioner  of  highways, 
or  overseer  of  the  poor,  the  town 
clerk  is  to  call  a  special  town  meeting 
within  eight  days ;  and  if  the  vacancy 
is  not  supplied  by  the  town  in  fifteen 
days,  three  justices  are  to  appoint. 


A.N  ><  L'AL  REGISTER— 1827-8-4). 


Vacancies  in  all  other  town  offices  are 
to  be  supplied  by  justices  or  in  the  man- 
ner specially  directed.  Three  justices 
of  the  town  may  accept  the  resigna- 
tion of  any  town  officer. 

The  duties  of  the  several  town  of- 
ficers  are   particularly   enumerated. 
The  supervisor  is  required  to  prose- 
cute in  the  name  of  the  town  for  all 
the  penalties  given  to  it  by  law,  of  fif- 
ty dollars  or  under :    and   he  is  re- 
quired to  keep,  in  a  book  provided  for 
'  'mt  purpose,  an  account  of  all  mo- 
neys which  shall  come  to  his  hands 
;md  to  deliver  it  to  his  successor. 
Copies  of  all  papers  filed  with  the 
town  clerk,  and  transcripts  from  the 
town  records,  certified  by  him,  are  to 
be  evidence  in  all  courts,  in  like  man- 
ner with  the  originals.     In  respect  to 
strays,  it  is  provided  that  the  person 
upon  whose  enclosed  lands  any  cattle, 
Jiorses,  or  sheep,   shall  stray,  shall 
v/ithin  ten  days  give  notice  thereof 
to  the  town  clerk,  and  for  a  neglect  to 
do  so,  he  shall  be  precluded  from  all 
benefits  under  the  act,  and  from  re- 
ceiving any  compensation  for  keeping 
such  strays.   With  respect  to  division 
fences,  there  are  several  new  provi- 
sions,   affecting   details   rather  than 
principles,  which  could  not  be  well 
understood  without  a  republication  of 
the  whole   article.      Fence  viewers 
liave  power  to  issue  subpoenas  for  wit- 
nesses  and  to   administer  oaths  to 
them.    A  person  cannot  recover  com- 
pensation for  damage  done  by  cattle 
lawfully  going  tit  large  on  the  high- 
way, that  may  enter  on  lands  not 
fenced  agreeably  to  the  regulations  of 
the  town,  or  tnat  may  enter  through  a 
defective  fence.     Every  fence  is  to  be 
presumed  sufficient  until  the  contrary 
is  established. 

In  legal  proceedings  against  towns, 
the  process  is  to  be  served  on  the  su- 
pervisor, who  is  to  attend  to  the  de- 
fence in  behalf  of  the  town,  and  to 
lay  before  the  next  town  meeting,  a 
statement  of  sucli  suit.  Costs  are  to 
he  recovered,  as  in  suits  between 
individuals,  and  judgments  against 
towns,  are  to  be  town  charges. 
,  Public  pounds  am  to  ho  krnt  when 


directed  by  town  meetings,  who  have 
power  to  discontinue  them.  Super- 
visors, &c.,  are  to  demand  from  their 
predecessors,  books,  &c.,  belonging  to 
their  office;  which  shall  be  delivered 
to  them  on  the  oath  of  the  person  go- 
ing out  of  office ;  and  moneys  in  the 
hands  of  town  officers  are  to  be  paid 
over  to  their  successors.  Such  deli- 
very of  books  to  be  enforced  as  pro- 
vided in  Chapter  five,  and  a  penalty 
of  $250  is  imposed  for  neglect  or  re- 
fusal to  deliver  on  demand. 

The  twelfth  chapter  of  the  first  part 
relates  to  the  powers  of  counties,  le- 
gal proceedings  by  and  against  them, 
and  the  duties  of  certain  county  offi- 
cers.    Each  county  is  a  body  corpo- 
rate, and  may  sue  and  be  sued,  may 
hold  lands  within  its  limits,  may  make 
contracts,  and  hold  personal  proper- 
ty when  necessary  for  the  exercise  of 
its  general  powers,  and  may  make  or- 
ders for  the  disposition  and  use  of  its 
property  ;  it  possesses  no  other  pow- 
ers unless  specially  given  by  law,  and 
those  powers  are  to  be  exercised  by 
the  board  of  supervisors,  in  whose 
name  all  acts  and  proceedings  by  and 
against  a  county  are  to  be  had.     Up- 
on the  division  of  a  county,  such  new 
county  is  to  be  seized  of  the  real  es- 
tate within  its  limits,  which  belonged 
to  the  former  county,  and  the  person- 
al property  of  each  is  to  be  divided, 
and  the  debts  apportioned  by  the  re- 
spective boards  of  supervisors.   .The 
power  of  boards  of  supervisors,  the 
mode  of  proceeding  at  their  meetings, 
their  compensation,  &c.,  are  fully  de- 
tailed.    The  duties  of  county  treasu- 
rers, commissioners    of  loans,   and 
county  clerks,  are  enumerated.     Co- 
pies of  all  papers  filed  with  the  coun- 
ty clerk,  and  transcripts  from  his  re- 
cords, certified  by  him  under  his  offi- 
cial seal,  are  to  be  evidence  in  all 
courts.     In  respect  to  sheriffs,  it  is 
provided  that  their  bond  shall  be  in 
the  penalty  of  ten  thousand  dollars, 
except  in  New  York,  where  it  is  to  be 
twenty  thousand  dollars,  and  that  ev- 
ery appointment  of  a  general  deputy, 
shall  be  filed  and  recorded  in  the  coun- 
tv  clovk's  office.     S'npriflV  fres  for 


NEW  YORK. 


[45 


'  services  not  chargeable  by  law  to  any 
county  or  individual,  are  to  be  audited 
by  the  comptroller  and  paid  by  the 
state.  If  a  sheriff  shall  remain  in  cus- 
tody thirty  days  on  an  execution  or 
attachment  for  not  paying  over  mo- 
ney, the  fact  is  to  be  represented  to 
the  governor  by  the  officer  having  him 
in  custody,  to  the  end  that  he  may  be 
removed  from  office.  In  case  of  va- 
cancy in  the  sheriff's  office,  arising 
from  his  death,  and  of  there  being  no 
under-sheriff,  the  first  judge  of  the 
county  is  to  designate  one  of  the  co- 
roners to  execute  the  duties  of  the  of- 
fice, who  is  to  give  bail  in  the  same 
manner  as  the  sheriff.  It  is  made  the 
duty  of  district  attorneys  to  prosecute 
for  all  penalties  exceeding  fifty  dollars 
incurred  in  their  counties,  in  all  cases 
where  no  other  officer  is  specially  di- 
rected to  prosecute. 

Suits  between  counties,  or  between 
a  county  and  individuals,  may  be 
maintained  at  law  and  in  equity,  as  in 
other  cases  ;  and  such  suits  are  to  be 
in  the  name  of  the  board  of  supervi- 
sors, except  when  a  particular  officer 
is  required  to  prosecute.  Suits  by  a 
county  may  be  brought  before  a  jus- 
tice of  the  peace,  in  cases  where  in- 
dividuals might  prosecute,  and  in  all 
cases  costs  are  to  be  recovered  in 
suits  by  and  against  them,  in  the  same 
manner  as  between  individuals,  and 
judgments  against  them  are  to  be 
county  charges.  The  charges  upon 
counties,  which  boards  of  supervisors 
are  to  defray,  are  enumerated  under 
16  heads,  which  are  too  minute  to 
justify  their  being  stated  here. 

Chap,  thirteen  relates  to  the  assess- 
ment and  collection  of  taxes.  Ac- 
counts, bonds,  and  other  securities, 
belonging  to  a  non-resident,  sent  here 
for  collection  or  deposited  with  an 
agent  for  that  purpose,  are  exempt 
from  taxation,  and  if  assessed  to  the 
agent,  are  to  be  deducted  upon  his 
making  affidavit  specifying  the  name 
and  residence  of  the  owner. 

Chapter  fourteen  is  entitled  "  Of 
the  public  health."  The  first  six  ti- 
tles contain  provisions  for  preserving 
the  public  against  infectious  diseases 
in  New  York  and  other  places,  which 


are  chiefly  local.  The  seventh  title 
contains  regulations  concerning  the 
practice  of  physic  and  surgery.  Eve- 
ry physician,  not  already  a  member  of 
the  county  medical  society,  is  to  be 
required  by  the  president  to  become 
a  member  within  sixty  days  after  the 
service  of  the  notice  ;  and  if  he  does 
not  apply  for  a  certificate  of  member- 
ship, his  license  is  forfeited.  If  char- 
ges of  gross  ignorance,  misconduct  in 
his  profession,  of  immoral  conduct  or 
habits,  are  preferred  against  any  mem- 
ber of  a  county  medical  society,  a 
special  meeting  is  to  be  held ;  at 
which,  if  two  thirds  of  the  members 
present  are  of  opinion  that  the  charges 
preferred  are  well  founded,  they  are 
to  be  delivered  to  the  district  attorney 
of  the  county,  and  the  member  is  from 
that  time  suspended  from  practice. 
The  charges  are  to  be  tried  by  the 
county  judges,  on  the  prosecution  of 
the  district  attorney ;  and  they  may 
expel  the  accused  from  the  society, 
and  declare  him  incapable  of  prac- 
tising, or  may  suspend  him  for  a  limit- 
ed period.  The  regular  term  of  stu- 
dy, to  entitle  to  examination,  is  four 
years,  from  which  a  deduction  of  one 
year  may  be  made  for  the  time  devot- 
ed to  classical  studies,  or  a  deduction 
of  one  year  may  be  made  for  having  at- 
tended a  complete  course  of  lectures  at 
an  incorporated  medical  college  in  this 
state  or  elsewhere.  The  manner  of 
obtaining  the  deduction  by  an  order 
of  the  president  of  the  society,  and 
the  evidence  of  the  term  of  study,  are 
prescribed.  Persons  are  not  to  receive 
from  the  regents  a  diploma,  unless 
they  shall  have  complied  with  the 
preceding  requisitions,  and  attended 
two  complete  courses  of  lectures. 
Students  are  to  be  admitted  to  exa- 
mination only  by  the  society  of  the 
county  in  which  they  studied  for  the 
last  preceding  four  months,  except 
when  they  have  attended  lectures. 
Persons  rejected  by  the  censors  of  one 
medical  society,  cannot  be  admitted 
to  examination  by  any  other  medical 
society,  but  may  apply  to  the  state  so- 
ciety. Persons  rejected  by  the  cen- 
sors of  the  state  society,  cannot  be 
examined  bv  the  CPTIPOTP  of  nnv  county 


4UJ 


ANNUAL  REGISTER— 1827-8-9. 


society.  No  person  is  to  practise  physic 
or  surgery,  unless  he  has  a  license  or  di- 
ploma from  a  medical  society,  or  from 
the  regents,  or  be  authorized  to  prac- 
tise by  the  laws  of  some  other  state  or 
country,  and  have  a  diploma  from 
some  incorporated  medical  college  or 
medical  society  in  such  state  or  coun- 
try. A  person  coming  from  another 
state  is  not  to  practise,  until  he  has 
filed  a  copy  of  his  diploma  with  the 
county  clerk,  and  given  satisfactory 
evidence  to  the  county  society  that  he 
has  studied  according  to  the  requisi- 
tions before  mentioned  in  respect  to 
students  in  this  state.  Persons  li- 
censed are  not  to  practise,  until  they 
have  filed  a  copy  of  their  license  with 
the  clerk  of  the  county  where  they 
reside.  The  degree  of  doctor  in  me- 
dicine, conferred  by  colleges  in  this 
state,  shall  not  be  a  license  to  prac- 
tise ;  nor  shall  any  college  establish 
a  medical  faculty  in  any  other  place 
than  that  where  the  college  is  located. 
Persons  practising  for  any  fee  or  re- 
ward, without  being  authorized  by 
law,  cannot  recover  any  debt  arising 
from  such  practice,  and  are  to  be 
deemed  guilty  of  a  misdemeanor 
punishable  by  fine  and  imprisonment. 
The  former  exception  in  favour  of 
persons  practising  with  roots,  &c., 
the  growth  of  this  country,  is  repeal- 
ed. This  chapter  took  effect  on  the 
first  of  January,  1828. 

Chapter  fifteen  is  entitled  "Of 
public  instruction,"  and  contains  the 
laws  concerning  the  regents  of  the 
university,  colleges,  academies,  and 
select  schools ;  the  common  school 
act,  and  miscellaneous  provisions. 
The  laws  concerning  common  schools 
have  been  simplified,  methodized,  and 
arranged  in  a  natural  order. 

Chapter  sixteen  is  entitled  "  Of 
highways,  bridges,  and  fences."  O- 
verseers  of  highways  are  to  apply  the 
requisite  highway  labour  to  cut  down 
and  destroy,  twice  in  each  year,  the 
noxious  weeds  on  each  side  of  the 
road,  once  before  the  first  of  July,  and 
again  before  the  first  of  September. 
The  mode  of  assessing  highway  la- 
bour, and  the  rate  of  assessment,  are 


essentially  varied.  After  asoeriuat- 
ing  the  total  number  of  days-work  re- 
quired, (which  is  not  to  be  less  than 
three  times  the  number  of  taxable  in- 
habitants,) every  taxable  resident  is 
to  be  assessed  one  day ;  the  residue  is 
to  be  apportioned  upon  the  lands  of 
non-residents,  and  upon  the  real  and 
personal  estate  ef  residents,  in  the 
manner  particularly  detailed ;  and  the 
limitation  of  assessments  not  to  ex- 
ceed thirty  days,  is  abolished.  Roads 
cannot  be  laid  out  through  any  build- 
ings, or  any  erections  or  fixtures  for 
the  purposes  of  trade  or  manufacture, 
or  any  yards  or  enclosures  necessary 
to  the  use  of  such  erections,  without 
the  consent  of  the  owner.  The  da- 
mages sustained  by  laying  out  a  new 
road  are  to  be  assessed  by  a  jury  of 
some  other  town,  and  the  mode  of  as- 
sessment by  commissioners  is  abolish- 
ed. No  road  can  be  opened,  worked, 
or  used,  until  the  damages  are  assess- 
ed. The  amount  may  be  increased  or 
reduced  by  the  board  of  supervisors  of 
the  county.  Public  roads  cannot  be 
less  than  three  rods  wide.  The  judges 
to  whom  an  appeal  is  first  made  from 
the  decisions  of  commissioners  laying 
out  roads,  are  to  have  conclusive  ju- 
risdiction, and  are  to  suspend  pro- 
ceedings until  the  time  for  all  other 
appeals  to  be  made  has  expired.  Any 
person  injuring  a  bridge  maintained 
at  the  public  expense,  is  to  forfeit  tre- 
ble damages. 

Chapter  seventeen  is  entitled  "  Of 
the  regulation  of  trade  in  certain  ca- 
ses," the  first  of  which  relates  to  sales 
by  auction.  The  most  important  al- 
teration, of  general  interest,  is  that 
requiring  auctioneers  to  enter  sales 
made  by  them  in  a  sales-book,  when 
the  bargain  is  not  immediately  exe- 
cuted. Penalties  imposed  by  this  ti- 
tle, are  to  be  sued  for  by  the  district 
attorney,  and  paid  over  for  the  use  of 
the  poor  of  the  county.  The  second 
title  relates  to  the  inspection  of  pro- 
visions, produce,  and  merchandise. 
The  first  article  treats  of  the  inspec- 
tion of  flour  and  meal.  Flour  carried 
down  the  Susquehannah,  or  on  the 
lakes,  or  on  the  St.  Lawrence,  and 


NEW  YORK. 


[47 


suck  as  is  brought  from  any  other 
.state  through  one  of  the  canals,  in- 
spected according  to  the  laws  of  such 
state,  is  exempt  from  the  provisions 
of  this  article.     In   addition  to  the 
present  brands  of  wheat  flour,  there  is 
to  be  another  quality  called  "  Extra 
superfine."     The  inspector  in  New 
York  city  may  give  a  certificate  of  the 
condition  of  any  damaged  flour,  or  of 
any  damaged  beef  or  pork,  and  the  ap- 
parent cause  thereof;    which,  after 
being  certified  by  the  clerk  of  the 
county,  is  to  be  presumptive  evidence 
in  all  courts,  of  the  facts  contained  in 
it.     There  are  eleven  other  articles, 
which  relate  to  the  inspection  of  beef 
and  pork,  pot  and  pearl  ashes,  fish,liver 
and  fish  oil,  lumber,  staves  and  head- 
ing, flax-seed,  sole  leather,  hops,  dis- 
tilled spirits,  and  leaf  tobacco  in  New 
York.     Pot  and  pearl  ashes  are  to  be 
put  up  in  casks  of  seasoned  white 
oak  or  white  ash,  the  staves  not  to  be 
more  than  thirty-one  nor  less  than 
thirty  inches  in  length  ;  the  head  of 
a  potash  barrel  is  not  to  exceed  twen- 
ty inches,  nor  to  be  less  than  nineteen 
inches  in  diameter ;  and  that  of  a  pearl- 
ash  barrel  not  to  exceed  twenty-three, 
nor  less  than  twenty-one  in  diame- 
ter ;  and   casks  not    agreeing    with 
these  dimensions  are  not  to  be  brand 
ed.     The  standard  of  distilled  spirits 
is  to  be  according  to  its  specific  gra- 
vity ;  it  is  to  be  deemed  first  proof, 
when  its  specific  gravity  at  the  tem- 
perature of  60  degrees  shall  be  to  that 
of  distilled  water,  as  9.335  to  10.000, 
and  all  other  spirits  are  to  be  estimated 
by  the  per  centage  in  reference  to  the 
above  standard.      Several  new  and 
important    provisions  are   made   to 
compel  inspectors  to  render  an  ac- 
count of  unclaimed  articles  left  in 
their  hands ;   to  give  notice  in  the 
state  paper  and  otherwise  of  the  arti- 
cles, when  about  to  be  sold  by  them  ; 
and  to  account  for  the  proceeds.    All 
inspectors  are  to  make  annual  returns 
to  the  legislature,  under  the  penalty 
of  two  hundred  dollars. 

The  eighteenth  chapter  of  the  first 
part,  is  entitled,  "Of  Incorporations." 
The  first  title  relates  to  turnpike  cor- 
porations, in  which  there  is  no  nltera. 


tion  from  the  former  law  important 
to  be  noticed.     The  second  title  re- 
lates to  moneyed  corporations ;  which 
are  defined  to  be  banks,  and  compa- 
nies authorized  to  make  insurances 
or  to  make  loans  on  deposites,  &c ; 
and-  the  title  applies  to  such  of  those 
companies  only  as  shall  be  created  af- 
ter the  1st  of  January,  1828,  or  whose 
charters  shall  be  renewed  or  extended 
after  that  time.     In  addition  to  the 
restrictions   imposed  by  the   act  of 
1825,  such  corporations  are  allowed 
to  purchase  or  own  their  own  stock 
only  in  certain  peculiar  cases,  and  to 
hold  it  only  for  limited  periods ;  and  di- 
rectors or  any  of  them  cannot  have  the 
loans  to  themselves  or  on  paper,  on 
which    they  are    responsible    to   an 
amount  exceeding  in  the  whole  one 
third  of  the   capital  stock  paid  in. 
Minute  directions  are  given,  as  to  the 
manner  of  ascertaining  the  profits 
previous  to  a  dividend.    Conveyances 
of  property  to  a  corporation  are  not 
valid  unless  made  to  it  by  name,  ex- 
cept in  general  assignments  for  the 
benefit  of  creditors.     Conveyances  of 
its  property  to  any  amount  exceeding 
1000  dollars  are  not  made,  unless  au- 
thorized by  a  resolution  of  the  di- 
rectors.    Directors  are  presumed  to 
possess  such  a  knowledge  of  the  funds, 
&c.,  of  the  company,  as  to  enable  them 
to  determine  whether  any  act  is  a  vio- 
lation  of  the  title.     Every  director 
present  at  a  meeting  is  deemed  to 
have  concurred  in  its  acts,  unless  his 
dissent  in  writing  be  entered  ;   and 
every  director  not  present,  must,  with- 
in six  months,   require   his   dissent 
from  any  act  appearing  on  the  books, 
to  be  entered,  or  he  will  be  deemed  to 
have  concurred  in  such  act.     Every 
insolvency  is  to  be  deemed  fraudulent, 
unless  the  affairs  of  the  company  have 
been  managed  with  the  same  care  as 
is  required  by  law  of  agents  receiving 
a  compensation  ;  and  as  no  one  but 
the  directors  and  stockholders  can 
possibly  know  how  their  affairs  have 
been  managed,  they  are  required  to 
repel  by    proof  the   presumption  of 
fraud.     Losses  arising  from  fraudu- 
lent insolvencies  are  to  be  apportion- 
ed first  nmonar  the  directors,  and  if 


AiNiNUAL  REG1STER—1827-8-9. 


they  are  not  sufficient,  then  upon  the 
stockholders,  not  to  exceed  the  nomi- 
nal amount  of  their  shares.  A  mi- 
nute account  of  its  affairs  is  to  be 
transmitted  to  the  comptroller  on  the 
first  day  of  January  in  each  year, 
who  is  to  report  to  the  legislature 
when  any  company  appears  to  be  in- 
solvent or  in  danger  of  insolvency,  or 
that  it  has  violated  its  charter  or  its 
title.  Before  commencing  business, 
an  affidavit  is  to  be  made  that  the  re- 
quired capital  is  actually  paid  in,  and 
unless  made  within  a  year,  the  char- 
ter is  to  be  void.  Persons  are  not 
to  vote  for  directors  upon  any  shares 
belonging  to  the  company,  nor  upon 
any  that  are  hypothecated,  or  which 
shall  have  been  contracted  to  be  sold, 
or  which  shall  have  been  transferred 
for  the  sole  purpose  of  enabling  the 
assignee  to  vote  on  them,  and  oaths 
are  prescribed  to  be  taken  by  voters, 
to  enforce  these  prohibitions. 

Some  of  the  provisions  of  this  title, 
those  particularly  requiring  annual 
statements  to  the  comptroller  and  de- 
claring the  liability  of  directors  and 
stockholders  in  cases  of  bankruptcy, 
are,  by  the  new  bank  law,  not  to  ap- 
ply to  such  banks  as  are  incorporated 
under  its  provisions. 

In  the  third  title,  the  general  pow- 
ers and  liabilities  of  all  corporations 
are  declared :  they  are  not  to  take 
any  powers  by  implication  but  such 
as  are  necessary  to  the  exercise  of 
the  powers  granted ;  nor  are  they  to 
have  any  banking  powers  unless  ex- 
pressly granted.  Every  stockholder 
is  made  liable  to  pay  up  the  nominal 
amount  of  his  shares,  whenever  it 
shall  be  necessary  to  pay  the  debts  of 
the  company.  A  majority  of  directors, 
&c.,  are  to  form  a  board,  and  the  acts 
of  a  majority  of  those  assembled  are 
valid. 

Chapter  nineteen  of  the  first  part, 
treats  of  the  computation  of  time,  of 
weights  and  measures,  and  the  money 
of  account.  The  Gregorian  or  new 
style,  is  for  the  first  time  adopted  by 
the  statute ;  the  leap  years  are  de- 
clared ;  and  those  which  are  not  to  be 
considered  leap  years  are  enumerated. 
Thr>  added  day  of  a  leap  year,  and  the 


day  immediately  preceding,  when 
computed  in  any  private  contract  or 
public  instrument,  are  to  be  reckoned 
as  one  day.  Whenever  the  term 
month  is  used  in  any  statute,  or  in 
any  public  or  private  instrument,  it  is 
to  be  construed  to  mean  a  calendar 
month,  and  not  a  lunar  month,  unless 
otherwise  expressed.  This  is  an  im- 
portant change  in  the  present  law, 
which  considers  the  word  month  to 
mean  four  weeks,  except  in  certain 
special  cases. 

The  second  title  of  this  chapter  re- 
lates to  weights  and  measures.  Bo- 
fore  presenting  the  subject  to  the 
legislature,  the  revisers  had  ascer- 
tained from  official  documents,  that 
the  standards  adopted  by  this  state, 
immediately  after  the  revolution,  and 
recognised  in  the  subsequent  laws, 
had  many  of  them  disappeared  ;  that 
they  had,  in  several  instances,  been 
supplied  by  others  of  doubtful  autho- 
rity ;  that  additions  had  been  made, 
unauthorized  by  the  original  law ; 
that  discrepancies  existed  between 
some  of  the  standards  in  the  Secreta- 
ry's office  and  others  in  the  same  of- 
fice ;  and  that  still  greater  and  more 
alarming  discrepancies  between  them, 
and  those  kept  for  use  in  the  sever- 
al counties.  As  amended,  the  law 
provides  that  there  shall  be  but  one 
standard  of  measure  of  length  and 
surface  ;  one  of  weight,  and  two 
of  measures  of  capacity  throughout 
the  state — that  the  yard  used  in  this 
state  on  the  day  of  the  declaration  of 
its  independence,  (which  is  defined  in 
the  statute  according  to  the  experi- 
ments made  in  Columbia  College) 
should  be  the  unit  or  standard,  from 
which  all  other  measures  of  extension 
should  be  derived — that  the  pound 
avoirdupois,  to  be  deduced  from  the 
standard  yard  in  the  manner  pre- 
scribed in  the  statute,  should  be  the 
standard  of  weight,  that  the  standard 
for  measures  of  capacity,  for  dry  com- 
modities, not  measured  by  heaped 
measure,  should  be  the  gallon,  to  be 
derived  from  the  standard  of  weight, 
and  that  the  bushel,  derived  directly 
from  the  gallon,  should  be  the  stand- 
ard for  all  commodities  commonly 


NEW  YORK. 


sold  by  heaped  measure.  Then  fol- 
•  low  various  provisions  relative  to  the 
custody  and  preservation  of  the  ori- 
ginal standards  to  be  made  in  pursu- 
ance of  the  law,  the  distribution  of  co- 
pies, &c. 

The  new  statute  merely  follows  out 
and  establishes  the  law  of  1784,  ex- 
cept that  it  omits  troy  weights  ;  and 
so  far  as   the  measures,  whether  of 
extension,  weight  or  capacity,  in  com- 
mon use,  conform  to  the  original  and 
true  standard,  they  will  not  be  affected 
by  any  provisions  under  the  new  law. 
The   standard    of    the  measure    of 
length  is  the  yard  ;  that  of  weight  is 
the  pound,  which  is  to  be  ascertained 
by  the  weight  of  a  cubic  foot  of  dis- 
tilled water,  in  a  vacuum.  The  stand- 
ard of  capacity  is  the  gallon,  which, 
as  amended  by  the  act  of  1829,  is  to 
be  of  two  kinds,  the  gallon,  for  liquids, 
which  is  to  contain  eight  pounds  of 
distilled  water  at  its  maximum  densi- 
ty, under  the  mean  pressure  of  the  at- 
mosphere at  the  level  of  the  sea ;  the 
gallon   for  dry    measure   is  to   con- 
tain ten  pounds    of    distilled  water 
under  the  same  circuiifetances.      It 
will  be  identical  with  the  standard 
of  dry  measure  established  by  the  act 
of  1784;   will   correspond   with   the 
dry  measures  now  in   use   so  far  as 
they  are  correct ;  and  will  differ  but  a 
fraction  from  the  standard  gallon  es- 
tablished by  the  recent  British  act. 
The  magnitude  of  the  bushel  will  be 
2\  14,36   cubic  inches  ;    and  that  of 
the  gallon  276,8.  The  English  stand- 
ards are,  for  the  bushel  2217,6 ;  for 
the  gallon  277,2  cubic  inches.     The 
liquid  gallon  is  what  is  now  called  the 
wine  measure,  the  other  is  now  called 
the  ale  or  beer  gallon.     The  subdivi- 
sions of  these   standards,  and  their 
multiplies  are  enumerated.    The  hun- 
dred weight  is  to  consist  of  one  hun- 
dred pounds  (instead  of  112  as  here- 
tofore)   and  twenty  such  hundreds 
constitute  a  ton. 

Chapter  twenty  is  entitled  "  of  the 
internal  police  of  this  state  ;"  it  is 
the  most  comprehensive  chapter  in 
the  whole  work,  and  consists  of  twen- 

VOL.   HF.  T 


ty  one  titles.    The  first  title  contains 
the  law  concerning  the  relief  and  sup- 
port of  indigent  persons.     What  re- 
mained of  the  English  system  of  poor 
laws    is    almost    entirely   abolished. 
The  plan  of  these  numbers  will  allow 
only  an  enumeration  of  the  leading 
features  of  the  new  system.     County 
superintendants  of  the  poor  are  to  be 
appointed  by  the  board  of  supervi- 
sors in  every  county   of  the   state : 
they  are   to  be  a  corporation,  are  to 
have  charge  of  the  county  poor,  and 
are  to  decide  all  disputes  concerning 
the  settlement  of  poor  persons,  which 
decisions  are  to  be  final  and  conclu- 
sive.    The  jurisdiction  heretofore  ex- 
ercised by  courts  of  law  on  this  sub- 
ject, is  abolished.     Full  and  minute 
provisions  are  made  to  enable  the  par- 
ties to  bring  such  disputes  to  a  hear- 
ing.    Then  there  follows  two  sets  of 
provisions,  one  adapted  to  those  coun- 
ties  where    the  poor  are  a  county 
charge ;    and  one  set  for  those   in 
which  the  towns  support  their  own 
poor.     In  the  first  case  the  county  su- 
perintendents have  the  entire  charge 
of  all  the  poor  ;  and  the  overseers  of 
the  towns    act  in   subordination   to 
them.     The  board  of  supervisors  of 
every  county  may  declare   all  their 
poor  a  county  charge,  in  which  case 
all  the  excise  money  collected  in  the 
county,  goes  to  the  county  flteasury 
for  the  benefit  of  the  poor.     A  person 
of  full  age  who  shall  have  resided  in 
a  town  one  year,  gains  a  settlement 
there,  and  also  all  the  members  of  his 
family  who  have  not  gained  a  separate 
settlement.     The  cases  in  which  mi- 
nors may  be  emancipated,  and  gain 
settlements  are  enumerated.     Thus 
one  of  the  most  fruitful  sources  of  for- 
mer litigation  is  extinguished.     The 
removal  of  paupers  from  one  town  to 
another,  is  abolished  ;  but  they  are  to 
be  provided  for  where  they  may  be,  un- 
til taken  away  by  the  town  or  county, 
chargeable  with  the  support  of  a  pau- 
per in  another  county,  unless  he  has 
been    removed    with    the  intent  to 
charge  the  county  to  which  he  may 
be  carried.     Persons  are  to  be  re- 


50J 


AiNNUAL  REGISTER— 1827-8-9. 


moved  to  the  county  poor  house,  by 
an  order  of  the  overseers,  without  the 
intervention  of  a  justice  of  the  peace. 
If  temporary  relief  only  is  required,  or 
the  pauper  cannot  be  removed,  a  jus- 
tice may  give  an  order  for  his  relief, 
but  not  to  exceed  ten  dollars,  without 
the  sanction  of  a  county  superintend- 
ent. If  there  is  no  county  poor  house, 
the  pauper  is  to  be  relieved  on  an  or- 
der of  a  justice  and  overseer,  until  the 
county  superintendents  take  charge 
of  him.  If  he  has  a  settlement  in 
any  town  of  the  same  county,  he  is  to 
continue  to  be  supported  by  the  over- 
seers. In  counties  where  a  county 
poor  house  is  provided,  the  poor  mo- 
neys raised  by  tax  are  to  be  paid  to 
the  county  treasurer,  and  drawn  for 
by  the  overseers  of  the  respective 
towns,  as  they  may  be  wanted.  Idiot 
and  lunatsc  paupers  may  be  supported 
by  the  county  superintendents,  in  con- 
venient places  out  of  the  county  poor 
house.  The  supervisors  of  towns  lia- 
ble to  the  support  of  their  own  poor, 
are  to  report  annually  to  the  clerk  of 
the  board  of  supervisors,  an  abstract 
of  their  accounts,  exhibiting  the  num- 
ber of  paupers  relieved  and  the  ex- 
penses ;  which  is  to  be  delivered  to 
the  county  superintendents,  who  are 
to  report  annually  to  the  secretary  of 
state,  as  well  the  town  paupers  as 
those  relieved  by  the  county,  and  the 
expenses,  &c.  which  reports  are  to 
be  laid  before  the  legislature ;  thus 
presenting  each  year  a  body  of  statis- 
tical information  on  one  of  the  most 
difficult  and  iateresting  subjects  of 
legislation. 

The  second  title  of  this  chapter  re- 
lates to  beggars  and  vagrants ;  and  a 
milder  course  in  respect  to  them,  is 
prescribed  than  that  under  the  exist- 
ing statutes,  by  which  they  are  class- 
ed with  disorderly  persons.  The 
third  title  treats  of  the  safe  keeping 
and  care  of  lunatics.  They  may  be 
sent  if  chargeable  as  indigent  per- 
sons, by  the  overseers,  of  a  town  or 
by  the  county  superintendents,  to  the 
lunatic  asylum  in  New  York,  at  the 
expense  ofthe  county  ortown.  They 


are  not  to  be  committed  to  any  jail  a^ 
disorderly  persons,  nor  to  be  confined 
there  without  an  agreement  with  the 
keeper,  and  then  not  to  exceed  four 
weeks ;  they  are  not  to  be  confined 
with  any  criminals,  and  are  to  be  sent 
to  the  asylum  in  New  York,  or  to  the 
county  poor  house,  or  other  place  pro- 
vided for  them. 

The  fourth  title  relates  to  the  case 
of  habitual  drunkards,  and  varies 
from  the  existing  law,  in  only  a  few 
unimportant  particulars.  The  fifth 
title  is  concerning  disorderly  persons. 
They  are  particularly  enumerated, 
and  the  description  is  enlarged  to 
embrace  persons  who  keep  gaming 
tables  in  public  places,  &c.  They 
are  in  the  first  instance  to  be  re- 
quired to  find  sureties  for  good  be- 
haviour for  a  year,  and  in  case  of 
neglect,  are  to  be  committed,  until 
they  find  them.  Their  names  are  to 
be  reported  by  the  keepers  of  jails  to 
the  next  court  of  general  sessions, 
who  are  to  inquire  into  their  cases, 
who  may  discharge  them  absolutely  or 
upon  sureties  :*or  may  authorize  the 
overseers  or  Bounty  superintendents 
to  bind  out  such  as  are  minors  to  be 
apprentices  and  to  hire  out  such  as 
are  of  age  for  a  term  not  exceeding 
one  year ;  or  may  order  them  to  be 
imprisoned  for  not  more  than  six 
months  and  to  be  kept  on  bread  and 
water  not  exceeding  thirty  days.  The 
court  may  direct  the  keeper  of  the 
jail  to  purchase  raw  materials  and  im- 
plements, with  which  to  employ  dis- 
orderly persons  at  work ;  who  shall 
keep  an  account  of  their  labour,  and 
shall  pay  one  half  of  their  earnings 
above  the  cost  of  materials,  &c.  to 
them  on  their  discharge. 

The  sixth  title  relates  to  the  sup- 
port of  bastards,  and  alters  the  exist- 
ing law  in  numerous  particulars, 
which  are  rather  too  technical  to 
be  minutely  detailed.  The  person 
charged  as  father,  is  entitled  to  be 
present  at  the  examination  of  the  mo- 
ther. On  an  appeal,  the  proceedings 
are  not  to  abate  for  informalities,  and 
the  court  may  make  an  original  ord^r 


NEW.YORK. 


ol'  liliaticn.  Persons  committed  for 
'  not  giving  bond,  are  not  to  be  dis- 
charged under  any  insolvent  act,  but 
the  court  of  general  sessions  is  to  in- 
quire into  their  circumstances,  and  in 
certain  cases  to  discharge  them.  In 
suits  on  bonds,  the  actual  damage  sus- 
tained is  to  be  recovered,  and  suits 
may  be  maintained  on  order  of  filia- 
tion. Mothers  are  not  to  be  removed, 
but  are  to  be  supported  as  paupers, 
and  a  neglect  to  provide  such  support, 
is  declared  a  misdemeanor. 

The  seventh  title  relates  to  the  im- 
portation into  this  state  of  persons  held 
in  slavery,  their  exportation  and  ser- 
vices, and  inhibiting  their  sale.  Per- 
sons hereafter  removing  from  another 
state,  and  bringing  slaves  with  them, 
born  before  the  4th  July,  1827,  are  en- 
titled, on  filing  certain  affidavits,  to 
their  services  as  servants  until  they 
attain  21  years  of  age.  The  follow- 
ing is  a  declaratory  section :  "  §  16. 
Every  person  born  within  this  state, 
whether  white  or  coloured,  is  FREE  ; 
every  person  who  shall  hereafter  be 
born  within  this  state  shall  be  FREE  ; 
and  every  person  brought  into  this 
state,  except  authorized  by  this  title, 
shall  be  FREE." 

The  eighth  title  is  concerning  the 
prevention  and  punishment  of  immo- 
rality and  disorderly  practices,  and 
consists  of  nine  articles.  Playing  with 
cards  or  dice,  or  any  kind  of  gaming 
by  lot  or  chance,  in  any  tavern,  or 
place  where  liquors  are  licensed  to  be 
sold ;  and  playing  with  cards  or  dice 
for  gain  or  money,  or  any  kind  of  gam- 
ing by  lot  or  chance,  on  board  any 
packet  vessel  used  for  transporting 
passengers,  are  prohibited,  under  a 
penalty  often  dollars,  to  be  recovered 
by  the  overseers  of  the  poor  of  the 
town  where  the  offence  was  commit- 
ted. All  wagers,  bets,  or  stakes,  made 
to  depend  on  any  lot,  chance,  casual- 
ty, or  unknown  contingent  event  what- 
ever, are  unlawful  and  void ;  and  the 
property,  &c.  staked,  may  be  recover- 
ed of  the  winner,  or  of  the  stakeholder, 
whether  paid  over  or  not.  Insurances 
and  contracts  of  bottomry  and  respon- 


dentia,  are  excepted.  These  provi- 
sions effect  an  entire  change  in  the 
law  on  this  subject.  The  penalties 
on  gaming  and  cheating  at  cards,  &c. 
are  increased,  and  persons  admitted 
as  witnesses  to  sustain  prosecutions 
for  them,  may  be  discharged  from  all 
penalties  by  the  court,  if  they  appear 
to  have  been  seduced  by  others.  The 
prohibitions  against  unlawful  lotteries 
are  increased,  and  it  is  made  the  duty 
of  the  presiding  judge  of  every  court, 
of  Oyer  and  Terminer  and  General 
Sessions  of  the  Peace,  to  charge  the 
Grand  Juries  to  inquire  into  violations 
of  the  laws  against  lotteries. 

With  respect  to  the  racing  of  ani- 
mals, it  is  made  the  duty  of  the  offi- 
cers concerned  in  administration  of 
justice,  to  attend  at  the  place  where 
they  shall  be  apprised  any  race  is 
about  to  be  run ;  to  give  notice  of  its 
illegality ;  to  disperse  the  persons  col- 
lected to  attend  it ;  to  cause  them  to 
be  apprehended  and  bound  over  to  an- 
swer and  be  of  good  behaviour. 

The  penalty  for  profane  cursing  is 
increased  to  one  dollar,  for  the  non- 
payment of  which,  and  not  securing 
its  payment  within  six  days,  the  of- 
fender is  to  be  imprisoned  not  exceed- 
ing three  days  in  a  room  separate  from 
all  other  prisoners.  A  few  slight  al- 
terations are  made  in  the  law  for  the 
observance  of  Sunday. 

The  ninth  title  of  this  chapter  is 
entitled  "  Of  excise,  and  the  regula- 
tions of  taverns  and  groceries,"  and 
contains  several  new  and  important 
provisions.  Tavern  keepers  are  to 
give  bond  in  a  penalty  of  $125,  with 
surety  to  be  approved  by  the  commis- 
sioners of  excise,  conditioned  that 
they  will  not  suffer  their  houses  to  be 
disorderly,  or  suffer  playing  with  cards 
or  dice,  &c.  Grocers,  and  all  persons 
receiving  a  license  to  sell  liquors,  are 
also  to  give  bond  in  the  same  penalty, 
with  surety  to  be  approved  in  like 
manner,  conditioned  that  they  will 
not  suffer  their  grocery  to  become  dis- 
orderly, and  wul  not  suffer  any  liquor 
sold  under  their  license  to  be  drank 
in  their  house,  shop,  out  house,  yard, 


ANNUAL  REGISTER— 1827-8-9. 


or  garden.  A  penalty  of  five  dollars 
is  imposed  on  every  person  licensed, 
who  shall  sell  liquor  to  any  appren- 
tice or  servant,  or  to  any  child  under 
fourteen  years  of  age,  without  the  con- 
sent of  his  parents  or  master ;  and 
three  times  the  sum  of  money,  or  va- 
lue of  articles  paid  or  delivered  or 
pledged  by  such  apprentice,  minor, 
&c.,  for  liquor,  may  be  recovered. 
The  bonds  are  to  be  filed  with  the 
clerk  of  the  town  or  village,  &c.,  and 
are  to  be  prosecuted  by  the  supervisor, 
mayor,  trustees,  &c.,  and  the  penalty 
is  to  be  recovered  for  the  use  of  the 
poor.  The  court  before  which  a  re- 
covery is  had  on  a  bond,  or  for  a  pe- 
nalty, is  to  give  notice  of  it  to  the 
general  sessions  of  the  county,  who 
are  to  require  the  defendant  to  show 
cause  why  his  license  shoidd  not  be 
revoked.  Upon  the  first  conviction, 
the  court  may  revoke  the  license,  and 
upon  a  second  or  other  conviction,  the 
court  is  compelled  to  revoke  it.  A 
person,  whose  license  is  revoked,  is  in- 
capable of  receiving  another  for  three 
years  thereafter.  When  a  boat  or 
other  vessel  navigating  any  canal  or 
other  water,  shall  remain  at  any  place 
more  than  one  hour,  no  liquor  shall 
be  sold  on  board  of  it,  after  so  remain- 
ing, in  a  less  quantity  than  five  gal- 
lons, under  a  penalty  of  $25,  to  be 
sued  for  by  the  overseers  of  the  poor. 
In  those  counties  where  the  poor  are 
all  a  county  charge,  excise  duty,  col- 
lected in  any  city  or  village,  is  to.  be 
paid  into  the  county  treasury,  for  the 
support  of  the  poor. 

The  tenth  title  relates  to  the  navi- 
gation of  rivers  and  lakes,  &c.  It 
contains  some  new  provisions  re- 
specting the  mode  of  receiving  and 
landing  passengers  in  steamboats ; 
and  requires  vessels  at  anchor  in  the 
Hudson  river  or  on  Lake  Champlain, 
at  night,  to  carry  lights. 

The  eleventh  title  treats  of  fish- 
eries generally,  and  particularly  in 
Hudson  river.  It  contains  a  collec- 
tion of  various  laws  on  that  subject, 
and  some  modifications  of  the  act  au- 
thorizing courts  of  common  pleas  to 


regulate  fishing  in  any  streams,  ponds, 
or  lakes,  in  their  counties. 

The  twelfth  title  is  entitled  "  Of 
wrecks,"  and  contains  great  altera- 
tions of  the  present  law  ;  but  they  are 
entirely  of  a  local  character. 

The  thirteenth  title  treats  of  the 
law  of  the  road,  and  the  regulation  of 
the  public  stages.  The  owners  of 
stages  forfeit  five  dollars  a  day  for 
every  day  they  employ  any  driver  ad- 
dicted to  drunkenness,  or  the  exces- 
sive use  of  liquor.  They  are  required 
to  discharge  any  driver  who  shall  be 
intoxicated  so  as  to  endanger  passen- 
gers, upon  receiving  written  notice  of 
the  fact,  sworn  to  by  a  passenger ; 
and  every  owner  having  in  his  ser- 
vice any  such  driver,  within  six  months 
after  receiving  such  notice,  forfeits 
five  dollars  for  every  day  he  employs 
him.  It  is  declared  a  misdemeanor, 
punishable  by  fine  not  exceeding 
$100,  and  imprisonment  not  exceed- 
ing sixty  days,  for  any  driver  to  run 
his  horses,  or  cause  or  permit  them  to 
run  upon  any  occasion  whatever.  A 
penalty  of  twenty  dollars  is  imposed 
on  drivers  for  leaving  their  horses  at- 
tached to  a  carriage  without  making 
them  fast,  and  execution  therefore  is 
to  issue  immediately. 

The  fourteenth  title  relates  to  the 
firing  of  woods ;  the  fifteenth  to  the 
embezzlement  of  timber  floating;  the 
sixteenth  to  the  preservation  of  deer 
and  other  game  and  animals ;  the  se- 
venteenth to  dogs  ;  the  eighteenth  to 
the  destruction  of  wolves  and  other 
animals.  In  all  these  there  are  occa- 
sional variations,  of  no  great  impor- 
tance, from  the  existing  laws. 

The  nineteenth  relates  to  broker- 
age, stock-jobbing,  and  pawn-brokers. 
It  is  declared  a  misdemeanor  for  any 
person  to  carry  on  the  business  of  a 
pawn-broker,  by  receiving  goods  in 
pledge  for  loans  made  at  a  rate  of  in- 
terest exceeding  that  allowed  by  law ; 
except  in  cities  by  whose  charters 
they  may  be  licensed.  When  oath 
shall  be  made  that  property  has  been 
embezzled  or  taken  without  consent, 
and  that  it  is  suspected  to  be  conceal- 


NEW  YORK. 


[53 


tid  with  a  pawn-broker;  a  justice,  &c. 
is  to  issue  a  search  warrant,  the  pro- 
perty is  to  be  brought  before  him  and 
delivered  to  the  claimant,  on  his  exe- 
cuting a  bond  to  pay  all  damages  for 
taking  possession  of  such  property. 

The  twentieth  title  relates  to  un- 
authorized banking,  &c.  Former  re- 
strictions are  extended  expressly  to 
incorporated  companies,  not  authoriz- 
ed by  their  charters  to  engage  in  bank- 
ing, and  the  restrictions  are  conform- 
ed to  the  constructions  as  given  by 
the  courts. 

The  twenty-first  title  relates  to  in- 
surances made  in  this  state  by  the 
agents  of  foreign  companies,  or  of 
persons  or  companies  in  other  states. 
Agents  of  companies  in  other  states 
are  required  to  enter  into  a  bond, 
the  conditions  of  which  are  some- 
what varied,  and  to  pay  to  the  state 
treasury  ten  per  cent,  on  all  premi- 
ums received  by  them,  and  a  penal- 
ty of  500  dollars  is  imposed  for  effect- 
ing or  procuring  an  insurance,  with- 
out having  entered  into  such  bond. 

The  SECOND  PART  of  the  Re- 
vised Statutes,  is  an  act  concerning 
the  acquisition,  the  enjoyment,  and 
the  transmission  of  property,  real  and 
personal ;  the  domestic  relations  ;  and 
other  matters  connected  with  private 
rights,  and  consists  of  eight  chapters. 

Tho  first  chapter  relates  to  real 
property,  and  the  nature,  quality,  and 
the  alienation  of  estates  therein.  It 
will  be  impossible  to  notice  the  vari- 
ous additions  made  to  the  statute  law 
by  this  chapter,  without  republishmg 
it ;  those  alterations,  therefore,  which 
are  supposed  to  be  most  interesting, 
will  only  be  stated.  The  original  and 
ultimate  property  of  all  land  in  the 
state,  is  deemed  to  belong  to  the  peo- 
ple in  their  right  of  sovereignty.  All 
lands  are  declared  to  be  allodial,  so 
that  the  entire  and  absolute  property 
is  vested  in  the  owners ;  and  all  feudal 
tenures,  with  all  their  incidents,  are 
abolished.  The  persons  are  enume- 
rated, who  are  to  be  entitled  to  the 
guardianship  in  soccage  of  infants, 


and  the  order  in  which  they  are  so  en- 
titled. The  kinds  of  estates  are  enu- 
merated and  defined.  The  creation 
of  future  estates  is  void,  which  sus- 
pends the  power  of  alienating  in  fee 
for  more  than  two  lives  in  being,  ex- 
cept that  a  contingent  remainder  may 
be  created  to  take  effect  on  the  death, 
&c.,  of  a  person  under  age.  Expec- 
tant estates  are  descendible,  devisa- 
ble, and  alienable,  in  the  same  manner 
as  estates  in  possession.  Limitations 
are  imposed  on  the  accumulation  of 
rents  and  profits  of  land.  All  expect- 
ant estates,  except  such  as  are  enume- 
rated, are  abolished.  Passive  trusts, 
and  all  except  express  trusts,  are  abo- 
lished ;  and  every  person  entitled  to 
the  possession  of  land,  and  to  the  re- 
ceipt of  its  rents  and  profits,  is  deem- 
ed to  have  a  legal  estate  therein  com- 
mensurate with  his  beneficial  interest. 
No  trust  is  to  result  in  favour  of  a 
person  paying  money  for  land,  when 
the  conveyance  is  made  to  another, 
with  his  consent.  But  such  convey- 
ance is  to  be  deemed  fraudulent  as  to 
his  creditors,  and  a  trust  results  in 
their  favour ;  in  all  other  cases  the 
title  vests  in  the  grantee.  Express 
trusts  are  defined,  and  the  purposes 
for  which  they  may  be  created ;  and 
minute  provisions  are  inserted  to 
guard  them,  and  prevent  their  being 
abused  to  the  injury  of  creditors  and 
bona  fide  purchasers.  Powers,  as 
they  formerly  existed,  are  abolished ; 
and  a  system  is  adopted  defining 
them,  limiting  their  creation,  and 
controlling  their  execution. 

Conveyances  of  a  fee  or  a  freehold 
are  to  be  signed  and  sealed  by  the 
grantor ;  if  not  attested  by  a  subscrib- 
ing witness,  they  are  not  to  take  effect 
as  against  purchasers,  until  they  are 
acknowledged  or  proved.  A  mort- 
gage is  not  to  be  construed  as  imply- 
ing a  covenant  to  pay  the  sum  secured 
by  it :  and  no  covenant  is  to  be  impli- 
ed in  any  conveyance  of  real  estate, 
whether  such  conveyance  contains 
special  covenants  or  not. — Lineal  and 
collateral  warranties  are  abolished. 
No  greater  estate  can  pass  by  a  con- 


54] 


ANNUAL  REGISTER— 1827-8-9. 


veyance,  than  such  as  the  grantor 
bad ;  but  he  and  his  heirs,  &c.,  are  to 
be  concluded  by  it.  The  term  '  heir,' 
or  other  words  of  inheritance,  is  not 
necessary  to  pass  a  fee ;  and  every 
grant  or  devise  shall  pass  all  the  es- 
tate of  the  grantor  or  testator,  unless 
the  intent  to  convey  a  less  estate  shall 
appear  by  express  words  or  necessary 
imp]  L cation.  Grants  of  land  are  void, 
when  it  is  in  the  actual  possession  of 
another  claiming  under  an  adverse 
title;  but  a  party  out  of  possession  may 
mortgage  his  land,  which  is  to  be 
bound  thereby  from  the  time  the  pos- 
session is  recovered. 

Dower  must  be  demanded  by  the  wi- 
dow within  29  years  after  the  death 
of  her  husband  ;  and  the  damages  to 
be  recovered  by  her  in  different  cases 
are  specified.  Against  a  purchaser 
from  the  heirs  of  her  husband  she  can 
recover  for  not  more  than  six  years 
occupation  of  the  premises. 

Provision  is  made,  for  rendering  lia- 
ble for  the  payment  of  debts  the  interes 
of  a  person  holding  a  contract  for  the 
purchase  of  lands.  It  is  not  to  be  sold 
on  execution  at  law,  but  a  judgment 
creditor  having  had  an  execution  re- 
turned unsatisfied,  may  file  a  bill  in 
equity  against  the  defendant  and  ven- 
der of  the  land,  to  prevent  the  trans- 
fer of  the  contract,  and  to  obtain  sa- 
tisfaction for  his  debt.  The  court  may 
order  the  contract  sold  or  to  be  as- 
signed to  the  creditor,  and  cause  the 
surplus  to  be  paid  to  the  defendant ; 
and  may  compel  the  vendor  to  convey, 
and  the  creditor  to  pay  up  the  pur- 
chase money.  One  month's  notice  in 
writing  is  sufficient  to  terminate  a 
tenancy  at  will  or  by  sufferance,  and 
no  notice  to  quit  is  necessary.  In  case 
of  goods  liable  to  rent  being  seized  in 
execution,  the  landlord  is  to  make  affi- 
davit of  thelamouni  due,  and  to  give  no- 
tice to  the  officer,  &c.,  before  a  sale  ; 
when  the  amount  u  to  be  collected  on 
the  execution  in  addition  to  the  rent, 
unless  prevented  by  the  tenant  giving  a 
bond  to  pay  all  the  rent  due,  not  exceed 
ing  one  year's  rent.  If  a  landlord  claim 
and  collect  more  than  is  due,  the  te- 


nant may  recover  double  the  amount 
of  him ;  a  right  to  distrain  is  given  in 
all  cases  where  a  certain  rent  or  cer- 
tain services  are  reserved  and  not 
paid. 

In  the  construction  of  conveyances, 
courts  are  to  carry  into  effect  the  in- 
tent of  the  parties.  Wills  of  real 
estate  are  required  to  be  proved  and 
recorded  within  four  years  after  the 
death  of  the  testator,  except  where 
the  devisee  is  under  age  or  other  dis- 
ability, or  the  will  has  been  concealed 
by  the  heirs.  If  not  so  recorded,  the 
title  of  a  purchaser  in  good  faith  from 
the  heirs  is  not  to  be  impaired  by  it. 

Real  estate  descending  to  an  heir 
or  devisee  subject  to  a  mortgage,  the 
heir  or  devisee  is  to  satisfy  the  mort- 
gage without  resorting  to  the  execu- 
tors, &c.,  unless  there  is  express  di- 
rection otherwise  in  the  will. 

The  second  chapter  of  the  second 
part,  treats  of  the  title  to  real  property 
by  descent.  The  rules  of  descent, 
which  now  do  not  go  beyond  nephews, 
are  extended  to  the  descendants  of 
brothers  and  sisters  of  the  father  of 
the  intestate,  and  of  his  mother.  If 
the  intestate  leave  a  mother  and  a 
brother  or  sister,  or  descendants  of 
them,  the  inheritance  goes  to  the  mo- 
ther during  life,  and  the  reversion  to 
the  brother  or  sister,  or  their  descend- 
ants. If  there  be  a  mother  and  no 
brother  or  sister,  or  descendants  of 
them,  the  inheritance  goes  to  the  mo- 
ther in  fee.  In  case  of  the  intestate 
being  illegitimate  and  having  no  de- 
scendants, the  inheritance  passes  to 
his  mother,  if  she  be  living ;  if  dead, 
to  her  relatives.  Illegitimate  children 
and  relatives  can  in  no  case  inherit. 
Persons  capable  of  inheriting  are  not 
to  be  precluded  by  the  alienism  of 
their  ancestors.  The  law  of  advance- 
ment is  extended  to  personal  as  well 
as  real  property,  and  the  whole  is  to 
be  reckoned  as  real  estate,  and  is  to 
be  estimated  in  ascertaining  the  por- 
tion of  real  property  to  which  a  child 
is  to  be  entitled. 

The  third  chapter  of  the  second 
part,  relates  to  the  proof  and  record- 


NEW  YORK. 


[55 


mg  ot' conveyances,  and  cancelling  of 
mortgages.  The  term  conveyances 
includes  mortgages,  and  every  other 
species  of  instruments  by  which  the 
title  to  real  property  can  be  affected, 
except  wills,  leases  for  a  term  not  ex- 
ceeding three  years,  and  executory 
contracts.  The  same  rules,  with 
respect  to  the  effect  of  recording,  will 
therefore  hereafter  apply  to  mort- 
gages as  to  deeds.  Subscribing  wit- 
nesses are  to  state  their  place  of  re- 
sidence, which  is  to  be  inserted  in  the 
certificate  of  proof.  Witnesses  to 
deeds  may  be  compelled  to  appear 
before  certain  officers,  to  prove  them, 
and  are  to  be  committed  until  they 
answer.  Certificates  of  proof  or 
acknowledgments  are  not  to  be  con- 
clusive, but  may  be  rebutted,  and  if 
the  witness  was  interested  or  incom- 
petent, the  certificate  is  invalid.  The 
certificates  are  in  all  cases  to  set  forth 
the  names  of  the  witnesses  examined, 
their  places  of  residence,  and  the 
substance  of  their  testimony.  With- 
out these  requisites,  the  certificate 
would  be  void.  Certificates  that  a 
mortgage  is  satisfied,  are  to  be  ac- 
knowledged or  proved  in  the  same 
manner  as  deeds ;  and  are  to  be  re- 
corded at  full  length ;  and  in  the  re- 
cord of  the  mortgage,  a  minute  is  to 
be  made,  referring  to  the  record  of 
the  discharge.  If  all  the  witnesses  to 
a  conveyance  be  dead,  it  may  be 
proved,  as  at  law,  before  certain  offi- 
cers ;  and  if  deposited  with  the  coun- 
ty clerk,  becomes  constructive  notice 
to  subsequent  purchasers.  Power  of 
attorney  to  convey  land,  and  execu- 
tory contracts  for  the  sale  of  land, 
may  be  recorded,  on  being  proved  and 
acknowledged,  with  the  like  effect  as 
deeds,  but  their  recording  is  not  re- 
quired. And  a  letter  of  attorney  that 
has  been  recorded  cannot  be  revoked, 
without  recording  the  instrument  of 
revocation.  The  recording  an  assign- 
ment of  a  mortgage  is  not  notice,  so 
as  to  invalidate  payments  made  to  the 
mortgage.  In  Albany,  Ulster,  Sulli- 
van, Herkimer,  Dutchess,  Columbia, 
Delaware,  and  Schenectady  counties, 


leases  for  life  or  lives,  or  for  years , 
need  not  be  recorded. 

The  fourth  chapter  treats  of  the 
title  to  personal  property  in  certain 
cases.  The  first  title,  relating  to 
limited  partnerships,  contains  no  new 
provisions  of  importance. 

The  second  title  relates  to  promis- 
sory notes  and  bills  of  exchange. 
Notes  payable  to  the  order  of  the 
maker,  or  of  a  fictitious  name,  if  nego- 
tiated by  the  maker,  have  the  same 
validity  as  notes  payable  to  bearer. 
Persons  within  this  state  cannot  be 
charged  for  acceptances  of  bills,  un- 
less the  acceptance  is  in  writing ;  and 
if  made  on  any  other  paper  than  the 
bill  itself,  it  is  not  binding,  except  in 
favour  of  a  person  who  has  seen  it, 
and  on  the  faith  of  it  has  received  the 
bill  for  a  valuable  consideration :  but 
a  previous  unconditional  promise  in 
writing  to  accept  a  bill,  is  to  be  deem- 
ed an  acceptance  in  favour  of  a  per- 
son receiving  the  bill  upon  the  faith  of 
such  promise.  A  refusal  to  make  a 
written  acceptance  on  request,  is  to 
be  deemed  a  refusal  to  accept.  A 
person  to  whom  a  bill  is  presented  for 
acceptance,  who  shall  destroy  it  or 
refuse  to  return  it  within  twenty-four 
hours,  accepted  or  non-accepted,  is  to 
be  deemed  to  have  accepted.  The 
rate  of  damage  to  be  paid  on  protest 
for  non-payment  of  bills  of  exchange 
drawn  upon  any  person  at  any  place 
in  Europe,  is  to  be  ten  dollars  upon 
the  hundred,  on  the  amount  of  the 
bill ;  which  is  to  be  paid  in  lieu  of 
interest  and  all  charges  incurred  pre- 
vious to  giving  notice  of  non-payment ; 
but  interest  is  to  be  recovered  on  the 
principal  and  damages,  from  the  time 
of  demand  of  payment.  If  the  bill  is 
payable  in  dollars  and  cents,  the 
amount  due  is  to  be  ascertained  with- 
out reference  to  any  rate  of  exchange ; 
but  if  payable  in  foreign  currency,  the 
amonnt  due  is  to  be  determined  by 
the  rate  of  exchange,  or  the  value  of 
such  foreign  currency  at  the  time  of 
demand  of  payment.  The  same  rate 
of  damages  is  to  be  allowed  on  the 
protest  of  bill  for  non-acceptance. 


50J 


ANNUAL  REGISTER— 1827-8-9. 


and  interest  is  to  be  recovered  on  the 
total  amount  of  the  principal  sum  and 
the  damages,  from  the  time  of  giving 
notice  of  non-acceptance.  The  da- 
mages allowed  by  this  title,  shall  be 
recovered  only  by  the  holder  of  a  bill 
who  has  paid  a  valuable  consideration 
for  it. 

The  third  title  relates  to  the  inter- 
est of  money.  Promissory  notes  or 
bills  of  exchange,  in  the  hands  of  a 
holder  receiving  the  same  for  a  valu- 
able consideration,  without  notice 
that  such  bill  or  note  had  been  given 
upon  a  usurious  contract,  are  not  to 
be  affected  by  the  usury.  A  borrower 
is  entitled  to  file  his  bill  in  equity,  for 
the  discovery  of  a  usurious  contract, 
without  paying  or  depositing  the  prin- 
cipal sum,  as  a  condition  for  obtaining 
relief.  "  For  the  purpose  of  calcu- 
lating interest,  a  month  shall  be  con- 
sidered the  twelfth  part  of  a  year  and 
as  consisting  of  thirty  days,  and  inter- 
est for  any  number  of  days  less  than  a 
month  shall  be  estimated  by  the  pro- 
portion which  such  number  of  days 
shall  bear  to  thirty." 

The  fourth  title  treats  of  the  accu- 
mulation of  personal  property  and  of 
expectant  estates  in  such  property. 
The  absolute  ownership  of  personal 
property  cannot  be  suspended  for  a 
longer  period,  than  until  the  termina- 
tion of  not  more  than  two  lives  in 
being.  Limitations  on  future  inter- 
ests in  personal  property,  are  in  all 
other  respects,  to  be  subject  to  the 
same  rules  as  are  prescribed  in  rela- 
tion to  future  estates  in  lands.  Ac- 
cumulations of  the  interest  of  money, 
or  other  profits  of  personal  property, 
must  terminate  at  the  expiration  of 
the  minority  of  the  infants  for  whose 
benefit  they  are  directed.  The  mo- 
neys accumulated  may  be  taken  un- 
der the  order  of  the  chancellor,  for 
the  support  or  education  of  the  infant. 
All  other  directions  for  accumulations, 
than  such  as  are  allowed  by  this  title, 
are  void. 

Chapter  five  of  the  second  part,  re- 
lates to  title  to  property,  real  and 
personal,  transmitted  or  acquired  by 
special  provisions  of  law:  and  the 


first  title  is  concerning  the  assign- 
ment of  estates  of  non-resident,  ab- 
sconding, insolvent,  or  imprisoned 
debtors,  and  consists  of  eight  articles, 
in  which  the  various  and  complicated 
laws  on  these  subjects  are  collected, 
simplified,  and  arranged  in  their  natu- 
ral order ;  with  numerous  alterations 
in  the  details,  of  which  those  only  will 
be  noticed,  which  involve  some  prin- 
ciple. 

Provision  is  made  for  try  ing  a  claim 
to  property  attached  by  the  sheriff 
and  a  jury ;  and  the  cases  specified 
in  which  he  is  to  detain  it,  notwith- 
standing a  verdict  for  the  claimant. 
In  case  of  the  seizure  of  a  vessel,  or 
of  any  share  in  her,  proceedings  may 
be  had  to  obtain  her  release  prompt- 
ly, or  for  her  sale,  in  case  of  no  claim 
being  interposed.  Notices  in  cases 
of  non-resident  debtors,  are  to  be  for 
nine  months  instead  of  a  year.  After 
application  for  an  attachment,  any 
other  creditor  may  file  a  specification 
of  his  demand  with  the  judge,  and 
shall,  therefore,  be  entitled  to  all  the 
rights  of  an  attaching  creditor.  If 
a  second  or  other  attachment  be  issu- 
ed by  any  other  judge,  return  is  to  be 
made  to  the  judge  who  issued  the 
first,  and  all  the  papers  are  to  be 
transmitted  to  him  :  the  proceedings 
are  to  be  the  same  as  if  such  attach- 
ment had  been  issued  by  the  officer 
who  issued  the  first  warrant,  and  the 
creditors  are  to  have  the  same  rights. 
Assignees  of  the  person  proceeded 
against,  and  persons  who  may  have 
received  payment  from  him,  may  con- 
test the  fact  of  his  being  absconding, 
concealed,  or  non-resident :  when- 
ever contested  either  by  them  or  the 
debtor,  the  question  may  be  tried  by 
a  jury.  If  the  proceedings  be  dis- 
charged by  the  debtor's  giving  a  bond, 
a  suit  must  be  brought  on  it  by  the 
creditor  within  six  months.  Trus- 
tees of  the  debtor  are  to  be  appointed 
within  three  months  after  the  expira- 
tion of  the  time  limited  for  his  appear- 
ance, and  if  not  appointed  within  that 
time,  the  attachment  is  thereby  can- 
celled. The  appointment  of  trustees 
is  to  be  recorded.  If  the  debtor  die 


NEW  YORK. 


[57 


or  become  insane  before  the  time  li- 
mited for  his  appearance, the  proceed- 
ings are  to  be  stayed,  and  the  proper- 
ty given  to  his  representatives  :  if  he 
die  after  that  time,  the 'proceedings 
are  to  continue.  Sheriffs  may  be 
compelled  by  attachment  to  return  at- 
tachments. The  proceedings  may 
be  removed  at  any  time  into  the  su- 
preme court,  by  certiorari,  who  are  to 
proceed  thereon,  or  may  remit  the 
matter  to  the  same  or  any  other  offi- 
cer having  jurisdiction.  The  sure- 
ties in  bonds  offered  by  the  debtor, 
may  be  required  to  justify  in  the  same 
manner  as  bail  in  actions.  A  warrant 
under  this  article  supersedes  an  at- 
tachment issued  under  the  poor  laws. 

The  second  article  relates  to  at- 
tachment against  debtors  confined 
by  crimes,  and  authorizes  similar  pro- 
ceedings, as  t^ose  prescribed  in  the 
first  article,  against  debtors  imprison- 
ed hi  the  state  prison  for  any  term 
less  than  life,  and  against  debtors  im- 
prisoned in  a  county  jail  for  any  term 
more  than  one  year.  After  paying 
the  debts,  the  trustees  may  apply  the 
surplus  to  the  support  of  the  family  of 
the  debtor  or  the  education  of  his 
children,  until  his  discharge,  when 
the  property  in  their  hands  is  to  be 
delivered  to  him.  Connected  with 
this  subject,  it  is  proper  to  remark, 
that,  by  title  seven  of  chapter  one,  of 
the  fourth  part,  every  person  injured  by 
the  commission  of  a  felony,  for  which 
the  offender  shall  be  imprisoned  in 
the  state  prison,  is  to  be  deemed  a 
creditor  under  the  provisions  of  this 
article,  and  the  amount  of  his  damages 
are  to  be  ascertained  by  a  suit  brought 
by  him  against  the  trustees  of  the  of- 
fender's estate. 

The  third  article  relates  to  volun- 
tary assignments  made  by  an  insol- 
vent, in  conjunction  with  creditors  to 
two  thirds  the  amount  of  his  debts 
Creditors  may  require  a  hearing  be- 
fore a  jury,  in  all  cases.  If  it  appears 
that  since  swearing  to  his  petition, 
the  insolvent  has  collected  any  debts, 
or  transferred  any  property,  before 
he  can  receive  a  discharge,  he  is  to 
pay  the  amount  thereof:  except^uch 

VOL,  III.  8* 


as  were  necessarily  expended  for  the 
support  of  himself  or  family.  If  it 
shall  appear,  that  after  this  article  has 
taken  effect  as  a  law,  the  debtor, 
knowing  his  insolvency,  or  in  contem- 
plation of  it,  or  of  his  petitioning,  has 
made  any  transfer  of  any  property,  or 
confessed  a  judgment  or  given  any  se- 
curity, with  a  view  to  give  a  prefe- 
rence for  any  antecedent  debt  or  cre- 
ditor, he  shall  not  be  entitled  to  a  dis- 
charge. The  finding  of  the  jury  on 
any  point  in  favour  of  the  insolvent, 
is  to  be  conclusive  on  the  officer,  and 
he  is  to  grant  a  discharge.  Contin- 
gent interests  do  not  pass  by  the  as- 
signment, unless  they  become  vested 
within  three  years.  The  effect  of 
discharges,  is  very  distinctly  express- 
ed, in  conformity  with  the  decisions 
of  the  supreme  court  of  the  United 
States :  the  insolvent  is  discharged 
from  all  debts  founded  on  contracts 
made  since  12th  April,  1813,  within 
this  state,  or  to  be  executed  within 
this  state ;  from  all  debts  owing  to 
persons  residing  in  the  state  at  the 
time  of  first  publishing  notice  ;  and 
from  all  debts  owing  to  non-residents 
who  unite  in  the  petition  to  accept  a 
dividend.  With  reject  to  contracts 
made  after  1st  of  ranuary  next,  the 
insolvent  is  also  discharged  from  all 
liabilities  as  maker  or  endorser  of 
notes  or  bills,  made  before  his  assign- 
ment, notwithstanding  any  party  to 
such  note  or  bill  may  pay  the  same 
after  the  making  of  the  assignment. 
And  in  respect  to  such  liabilities,  the 
discharge  may  be  pleaded  in  bar  of 
any  action,  and  the  insolvent  is  not 
to  be  imprisoned  on  account  of  them. 
The  fourth  article  relates  to  pro- 
ceedings by  creditors,  to  compel  an 
assignment  by  an  insolvent.  Any 
creditor  having  a  demand  to  the 
amount  of  twenty-five  dollars,  against 
a  person  who  has  been  imprisoned  in 
execution  in  a  civil  action  sixty  days, 
may  commence  the  proceedings  by 
petition ;  on  which  a  day  is  to  be  ap- 
pointed and  notice  given,  as  under 
the  last  article.  On  the  day  of  hear- 
ing, upon  receiving  the  affidavits  of 
any  creditors,  the  officer  is  to  direct 


58j 


ANiNUAL   REGISTER— 1827-8-9. 


the  debtor  to  be  brought  before  him  to 
be  examined  on  oath  concerning  his 
creditors,  the  sums  due  them  and  the 
place  of  their  residences,  and  if  he 
refuses,  he  is  to  be  committed  to  close 
custody  until  he  complies  ;  and  other 
proof  of  his  debts  is  to  be  taken.  If  it 
appear  that  two  thirds  in  amount  of 
the  creditors,  have  not  requested  an 
assignment,  all  proceedings  are  to 
cease  ;  but  if  two  thirds  have  request- 
ed it,  the  debtor  is  to  render  an  ac- 
count, &c.,  and  the  like  proceedings 
as  those  prescribed,  in  the  last  arti- 
cle are  to  be  had. 

The  fifth  article  of  chapter  five  of 
the  second  part,  relates  to  assign- 
ments for  the  purpose  of  exonerating 
the  person  from  imprisonment.  It 
varies  from  the  existing  law  in  the 
same  particulars  as  were  specified  in 
article  three,  in  requiring  the  debtor 
to  pay  the  value  of  any  debt  collect- 
ed by  him,  and  ofany  property  assigned 
by  him  after  presenting  his  petition ; 
and  in  forbidding  the  preferences 
stated  in  that  article.  Liens  acquir- 
ed by  judgments,  are  not  affected  by 
discharges  under  this  article  ;  and 
property  acquired  after  the  discharge, 
is  subject  to  pre-Acisting  debts. 

The  sixth  article  relates  to  assign- 
ments made  by  imprisoned  debtors, 
on  their  petition  to  the  common  pleas 
of  the  county.  The  differences  from 
the  present  law  are  the  following :  If  a 
debtor  shall  have  remained  imprison- 
ed for  three  months  without  applying 
for  the  benefit  of  this  article,  or  the 
preceding  third  and  fifth  articles,  the 
creditor  at  whose  suit  he  is  charged, 
may  by  a  notice  in  writing  require 
him  to  apply  for  his  discharge  accord- 
ing to  this  article.  And  if  within 
thirty  days  he  does  not  apply  either 
under  this  or  the  third  or  fifth  article, 
he  is  to  be  for  ever  barred  from  obtain- 
ing a  discharge  under  any  .of  the  in- 
solvent laws.  The  provision,  thus 
extended,  enables  creditors  to  com- 
pel an  early  assignment  and  thus  pre- 
vent the  waste  of  his  property  by  a 
debtor  remaining  on  the  limits. 

The  seventh  article  contains  gene- 
ral provisions  relating  to  the  proceed- 


ings under  the  preceding  articles.  If 
an  insolvent,  by  collusion,  procures 
himself  to  be  imprisoned  in  a  county 
different  from  that  of  his  residence, 
with  a  view  to  obtain  his  discharge,  it 
is  void,  and  such  collusion  may  be 
shown  at  the  hearing  to  prevent  a 
discharge.  Applications  are  to  be 
made  in  the  county  where  the  insol- 
vent resides,  or  is  imprisoned ;  but  if 
there  be  no  officer  residing  there,  dis- 
interested as  creditor  or  otherwise, 
they  may  be  made  to  any  other  of- 
ficer, and  in  all  cases  the  hearing  is 
to  be  had  in  the  county  where  the  in- 
solvent resides  or  is  imprisoned.  In 
case  of  death,  sickness,  absence,  re- 
signation, &c.,  of  the  officer  before 
whom  the  proceedings  commenced, 
they  may  be  continued  by  any  officer 
of  the  same  county  having  jurisdic- 
tion ;  and  if  there  be  none  such,  a 
judge  of  the  county  courts  may  ad- 
journ the  case  into  the  common  pleas 
who  may  proceed  in  it.  Affidavits 
made  by  non-resident  creditors  before 
a  judge  or  clerk  of  a  court  of  record, 
authenticated  under  seal,  are  to  be 
received.  Witnesses  may  be  attach- 
ed for  not  obeying  subpoenas,  and 
may  be  committed  for  not  answering. 
Upon  a  hearing,  the  presiding  officer 
is  to  keep  minutes  of  the  material 
part  of  the  testimony  and  of  the  ex- 
aminations of  the  insolvent.  Jurors 
are  liable  to  a  fine  of  ten  dollars  for 
not  attending,  to  be  recovered  by  the 
creditor  requiring  their  attendance. 
Assignments  are  to  be  recorded  in  the 
county  clerk's  office.  If  a  discharged 
insolvent  applies  to  an  officer  to  be  li- 
berated from  an  arrest  or  mesne  pro- 
cess, notice  is  to  be  given  to  the  plain- 
tiff, who  may  show  as  cause  against 
such  liberation,  any  fraud  committed 
in  obtaining  the  discharge,  or  any 
other  act  which  by  law  would  avoid 
it ;  and  the  officer  may  require  the 
insolvent  to  be  held  to  bail.  In  case 
an  assignee  refuses  to  give  a  certifi- 
cate of  an  assignment,  a  new  assignee 
may  be  appointed,  or  the  discharge 
may,  notwithstanding,  be  granted. 
Proceedings  under  the  third,  fourth, 
andlifth  articles,  are  to  be  filed  with 


NEW  YORK. 


?.he  county  clerk  within  three  months 
after  they  are  consummated.  The 
landlord's  right  to  distrain  for  any 
amount  not  exceeding  the  last  year's 
rent,  is  not  to  be  affected  by  any  pro- 
visions of  this  title.  Debts  to  the 
United  States  are  not  to  be  affected, 
nor  can  a  debtor  to  the  United  States 
be  discharged  or  exonerated  from  im- 
prisonment, by  any  provisions  of  this 
title.  But  debts  to  this  state,  except 
taxes,  are  to  be  affected  in  the  same 
manner  as  private  debts,  and  persons 
prosecuted  by  the  state,  are  to  be  dis- 
charged and  exonerated  from  impri- 
sonment in  the  same  manner  as  if 
sued  by  an  individual ;  and  all  no- 
tices required  to  be  served  on  plain- 
tiffs, are  to  be  served  on  the  attorney- 
general.  The  eighth  article  is  devot- 
ed to  the  powers,  duties,  &c.,  of  trus- 
tees and  assignees  under  the  different 
articles,  and  they  are  declared  trus- 
tees for  the  creditors.  The  survivor 
or  survivors  of  trustees,  are  to  have 
all  the  powers,  &c.,  of  the  whole. 
Their  principal  powers  and  duties  are 
enumerated  under  nine  heads.  They 
are  not  to  allow  set-offs,  unless  the 
debts  were  owing  before  the  com- 
mencement of  proceedings.  They 
are  to  publish  notices,  in  all  cases, 
requiring  all  persons  indebted  to  the 
insolvent,  or  absconding,  or  absent 
debtor,  to  render  an  account  of  their 
debts  and  to  pay  them ;  requiring  per- 
sons having  any  property  of  the  debt- 
or in  their  possession,  to  deliver  it, 
and  requiring  the  creditors  to  exhibit 
their  demands  on  a  day  to  be  speci- 
fied. The  provisions  for  discovering 
the  property  of  the  debtor,  or  any 
debts  due  him,  which  now  exist  in 
relation  to  absent  debtors,  are  extend- 
ed and  applied  to  all  insolvent  debtors. 
The  trustees  have  power  to  compel 
references  to  settle  disputes,  and  the 
mode  of  proceeding  is  particularly 
specified.  They  are  to  keep  a  regu- 
lar account  of  all  moneys  received  by 
them,  to  which  any  creditor  may  have 
access.  In  making  dividends,  they 
are  first  to  pay  debts  to  the  United 
States,. and  all  debts  having  a  prefe- 
rence bv  the  laws  of  the  United  States. 


and  they  are  then  first  to  pay  all  debts 
owing  by  the  debtor,  as  guardian,  ex- 
ecutor, administrator,  or  trustee,  and 
if  there  is  not  sufficient  to  pay  all  of 
that  character,  then  they  are  to  be 
paid  rateably.  Trustees  may  retain 
in  their  hands  sufficient  moneys  to 
meet  any  demand  in  controversy. 
Penalties  recovered  by  them,  form 
part  of  the  estate  of  the  debtor.  If 
a  dividend  be  unclaimed  for  one  years 
it  shall  be  deemed  to  have  been  re- 
linquished and  shall  be  distributed 
among  the  other  creditors.  Within 
ten  days  after  any  dividend,  the  trus- 
tees are  to  file  an  account,  and  they 
may  be  compelled,  by  rule  of  court,  to 
render  an  account  at  any  time.  They 
may  be  removed  by  the  supreme  court 
for  cause  shown.  Provision  is  made 
for  supplying  the  place  of  a  trustee 
removed,  dying,  or  otherwise  incapa- 
citated, and  also  to  enable  trustees  to 
renounce. 

The  second  title  of  chapter  fifth, 
relates  to  the  custody  and  disposition 
of  the  estates  of  idiots,  lunatics,  per- 
sons of  unsound  minds,  and  drunkards. 
Jurisdiction  is  given  to  the  courts  of 
common  pleas  to  exercise  equity 
powers  over  the  estates  of  drunkards, 
when  they  amount  to  less  than  two 
hundred  and  fifty  dollars,  and  the 
first  judge  may  award  a  commission. 
Provision  is  made  for  appeals  to  the 
court  of  chancery  from  the  decrees  of 
the  common  pleas.  The  filing  of  in- 
ventories by  committees,  may  be  com- 
pelled. In  other  respects  this  title 
corresponds  with  the  existing  laws 
substantially. 

Chapter  sixth  of  the  second  part 
is  entitled  "  Of  wills  and  testaments  ; 
of  the  distribution  of  the  estates  of 
intestates,  and  of  the  administrators ;" 
and  consists  of  six  titles.  This  chap- 
ter may  be  termed  a  codification  of 
the  law  on  the  subjects  of  which  it 
treats,  and  probably  contains  more 
new  provisions  than  any  other  in  the 
work.  Selection  from  this  mass  be- 
comes indispensable,  and  in  making 
it,  care  will  be  taken,  not  to  omit  im- 
portant principles.  The  first  title  re- 
lates to  wills  of  real  property,  and  the 


ANNUAL  REGISTER— 1827-8-9. 


proof  of  them.  Every  interest  in 
real  property  descendible  to  heirs  may 
be  devised.  Devises  to  aliens  are 
void,  and  the  land  so  devised  descends 
to  the  heirs  or  passes  to  the  devisees. 
A  devise  of  all  the  testator's  real  pro- 
perty, passes  all  he  was  entitled  to  de- 
vise'at  the  time  of  his  death.  Wills 
of  real  property  are  to  be  proved  be- 
fore the  surrogate,  who  could  take 
the  proof  of  them  as  wills  or'  person- 
al property ;  and  the  mode  of  proof 
before  the  supreme  court  and  com- 
mon pleas  is  abolished.  Full  provi- 
sion is  made  for  giving  notice  to  the 
heirs.  All  the  witnesses  living  in  the 
state  who  are  of  sound  mind,  are  to 
be  produced,  and  the  absence  of  any, 
is  to  be  accounted  for  to  the  surrogate. 
The  will  so  proved,  or  its  record,  are 
to  be  received  in  evidence,  but  may  be 
repelled  by  contrary  proof. 

The  second  article  relates  to  wills 
of  personal  property.     These  may  be 
made  by  males  above  18,  and  unmar- 
ried females  above  16,  and  must  in  all 
cases  be  in  writing,   except  that  a 
soldier  in  actual  military  service  and 
a  marine  at  sea,  may  make  a  nuncu- 
pative will.     Wills  of  personal  estate 
are  not  to  be  admitted  to  proof  with- 
out notice  personally  to  the  next  of 
kin  in  the  county,  and  by  publishing 
it,  if  any  are  out  of  the  county.     The 
mode  of  proving  them  is  prescribed, 
and  the  proof  is  to  be  conclusive,  un- 
less contested  by  a  relative  of  the  tes- 
tator, within  a  year.     The  mode  of 
proceeding  to  contest  the  will  or  the 
proof  is  pointed  out,  and  the  duty  of 
surrogate's  upon  revoking  any  probate. 
The  third  article  contains  general 
provisions  applicable  to  wills  of  all 
descriptions.     Wills  of  real  and  per- 
sonal property  are  to  be  executed  and 
attested  in  the  same  manner :  they 
are  to  be  signed  by  the  testator  at  the 
foot  of  the  will ;  and  there  are  always 
to  be  two  attesting  witnesses  who  are 
to  write  to  their  places  of  residence, 
and  for  omitting  to  do  so,  they  forfeit 
fifty  dollars.      Three  witnesses   are 
therefore  no  longer  required  to  wills 
of  real  property,  and  to  wills  of  both 
real  and  personal  property,  it  will  be 


seen,    two   witnesses    are   essential. 
Wills  can  be  revoked  only  by  an  in- 
strument in  writing,  executed  with  the 
same  formalities   as  the  will,  or  by- 
cancelling,  &c.,  with  the  intent  to  de- 
stoy,  or  by  some  of  the  modes  after- 
wards specified.     If,  after  making  a 
will,  the  testator  many  and  has  issue, 
and  the  wife  or  issue  survive  him,  his 
will  shall  be  deemed  revoked,  unless 
provision  for  the  issue  is  made  in  it. 
or  an  intention  appear  from  the  will 
not  to  make  such  provision.  A  will  of 
an  unmarried  woman   is  revoked  by 
her  marriage.   An  agreement,  &c.,to 
convey  property  shall  not  be  a  revo- 
cation of  any  devise  of  such  property, 
but  it  shall  be  deemed  subject  to  the 
agreement.    Charges  on  real  or  per- 
sonal estate,to  secure  money,  &c.,are 
not  to  be  deemed  revocations,  but  the 
property  passes  subject  to  the  charge. 
A  deed,  &c.,  by  which  the  interest  of 
a  testator  in  property  before  devised 
shall  be  altered  but  not  divested,  shall 
not  be  a  revocation,  unless  such  inten- 
tion is  declared  or  the  deed  be  whol- 
ly inconsistent  with  the  devise,  &c. 
If  a  child  is  born  after  the  making  of 
a  will,  and  no  settlements  or  other 
provision  is  made  for  it,  and  it  is  not 
mentioned  in  the  will,  it  shall  succeed 
to  that  portion  of  its  father's  estate,  to 
which  it  would  have  been  entitled  if 
no  will  had  been  made  ;  and  provision 
is  made  for   obtaining  such  portion. 
If  a  person  deriving  any  interest  un- 
der a  will,  be  a  witness  to  it,  it  shall 
be  void  so  far  only  as  it  concerns  him 
and  those  claiming  from  him  ;  and  he 
shall  be  compelled  to  testify  concern- 
ing its  execution,  if  it  cannot  be  pro- 
ved without  him.     But  if  the  witness 
would  have  been  entitled  to  a  share  of 
the  estate,  had  there  been  no  will, 
it  shall  be  saved  to  him,  but  shall  not 
exceed  the  devise  or  legacy  made  to 
him  by  the  will.     If  property  be  be- 
queathedfto  a  child  or  descendant,  who 
shall  die  before  the  testator,  leaving  a 
child  or  descendant,itshall  pass  to  such 
surviving  descendant.     The  destruc- 
tion of  a  second  will  shall  not  revive 
a  prior  one,  unless  it  be  relinquished  : 
nor  shall  the  revocation  of  a  second 


NEW  YORK. 


v.  ill  revive  a  prior  one,  unless  so  de- 
clared expressly.     Appeals  from  sur- 
rogates decreeing  a  will  to  be  proved, 
may   be   made  to  the  circuit  judge, 
who  is  to  direct  an  issue,  if  any  ques- 
tion of  fact  be  involved,  the  verdict 
in  which  is  to  be  conclusive.     Provi- 
sion is  made  for  the  costs,&c. ,  of  such 
appeal  and  trial.     The  court  of  chan- 
cery may  take  proof  of  any  will  lost 
or  destroyed,  and  is  vested  with  full 
powers  to  restrain  administrators,&c . , 
and   this  provision  extends  to  wills 
heretofore  made  ;  and  in  respect  to 
persons  dying  hereafter,  certain  par- 
ticulars are  required  to  be  proved,  to 
establish  a  lost  will.     These  provi- 
sions respecting  the  proof  of  wills, 
apply  to  all  whenever  made.     Those 
in  relation  to  the  revocation  of  wills, 
apply  to  such  only  as  shall  be  made 
by  persons  living  on  the  first  of  Jan- 
uary 1831.     This  title  is  not  to  affect 
any  will  made  before  1st  of  January, 
1830,  or  the  construction  of  such  will. 
The  second  title  of  chapter  six  of 
the   second    part,    is   entitled    "  Of 
granting  letters  testamentary  and  of 
administration."     Letters  testamen- 
tary are  not  to  be  granted  until  the 
expiration  of  thirty  days  after  the  will 
shall  have  been  proved,  duringwhich 
time  objections  to  the  persons  named 
as  executors  may  be  filed.     Persons 
incapable  of  making  contracts,  (ex- 
cept   married   women,)   minors,    a- 
liens  who  have  not  taken  steps  to  be 
naturalized,  those  convicted  of  an  in- 
famous crime,  (felony,)  and  those  ad- 
judged by  the  surrogate  incompetent 
by  reason  of  drunkenness,  improvi- 
dence, or  want  of  understanding,  can- 
not serve  as  executors.     A  married 
woman  cannot  be  executrix  without 
the  consent  of  her  husband  in  wri- 
ting, who  thereby  becomes  responsi- 
ble for  her  acts.     Executors  may  be 
required  to  give  the  like  bonds  re- 
quired  of  administrators,   whenever 
their  pecuniary  circumstances  are  pre- 
carious.     Non-residents   are   in   all 
cases  to  give  bonds.      Provision   is 
made  to  compel  a  person  named  as 
executor  to  appear  and  qualify,  or  that 
he  shall  be  deemedto  have  renounced. 


Executors  are  required  to  take  an  oath. 
If  the  persons  named  as  executors  do 
not  qualify,  letters  are  to  issue  to  oth- 
ers.   Executors  are  not  to  act,  except 
in  special  cases,  until  they  receive  let- 
ters testamentary.     An  executor  of 
an  executor  has  no  authority  over  the 
estate  of  the  first  testator,  but  letters 
of  administration  are  to  issue  on  the 
death  of  the  first  executor.     If  after  a 
person  has  received  the  letters  testa- 
mentary, he  shall  become  incompe- 
tent to  serve,  or  his  pecuniary  circum- 
starfces  shall  become  precarious,  or 
have  removed,  or  be  about  to  remove 
from  the  state,  he  may  be  required  to 
give  bonds,  or  may  be  removed,  as  the 
case   may    require.      The    cases   in 
which  surrogates  are  to  grant  letters 
.  of  administration  are  defined,  and  they 
are  to  have  sole  and  exclusive  juris- 
diction in  such  cases.     And  where  an 
intestate,  not  an  inhabitant,  leaves  as- 
sets in  several  counties,  the  surrogate 
of  any  such  county  may  act,  and  he 
who  first  commences  has  exclusive  ju- 
risdiction.    The  persons,  and  the  or- 
der in  which  they  are  entitled  to  ad- 
ministration, are  specified.     Persons 
incompetent  to  serve  as   executors, 
cannot  be   administrators ;   nor  can 
married  women,  but  their  husbands 
may  take  letters  in  their  right.     And 
if  the  next  of  kin  entitled  be  a  minor, 
his  guardian  shall  be  preferred.     Per- 
sons not  entitled  may  be  joined  with 
those   who  are,   upon  their  written 
consent.     Temporary  collectors  of  an 
estate  may  be  appointed,  when  delay- 
is  produced  in  the  granting  of  letters, 
by  reason  of  a  contest  or  for  any  oth- 
er cause.     The  bonds  of  administra- 
tors are  very  simple — that  they  shall 
faithfully   execute  their  trusts,    and 
obey  all  the  orders  of  the  surrogate. 
Upon  one  executor,  &c.,  becoming  in- 
competent, dying,  being  removed,&c., 
the  others  are  to  act ;  and  if  all  become 
incompetent,  &c.,  new  letters  of  admi- 
nistration are  to  issue.  When  a  surro- 
gate is  interested  in  an  estate,  or  his  of- 
fice is  vacant,the  first  judge  of  the  coun- 
ty is  to  act,  and  special  provisions  are 
enacted  to  enable  him  to  execute  the 
duty.    And  if  the  first  judge  and  sur- 


ANNUAL  REGISTER.— 1827-8-9. 


rogate  be  both  interested,  or  their  of- 
fices are  vacant,  the  district  attorney 
is  to  act.  The  testimony  taken  on 
the  proof  of  any  will  or  upon  any  con- 
test respecting  letters  of  administra- 
tion, &c.,  is  to  be  entered  in  books. 
Executors  in  their  own  wrong,  as 
they  are  called,  are  in  effect  abolish- 
ed, as  they  are  to  account  to  the  legal 
representatives  for  all  property  and 
money  received,  and  have  no  right  to 
retain  for  their  own  debts. 

The  third  title  of  chap,  six  relates  to 
the  duties  of  executors,  &c.,  in  taking 
inventories,  paying  debts,  accounting, 
and  making  distribution.  Appraisers 
are  to  proceed  with  the  executors, 
&c.,  after  notice  to  the  next  of  kin, 
&c.,  to  appraise  and  inventory  the 
property.  The  property  to  be  in- 
cluded, called  assets,  is  particularly 
specified.  Securities  for  money  are 
to  be  specified,  and  the  amount  col- 
lectable thereon,  and  specie,  bank 
bills,  &c.,  are  to  be  enumerated,  and 
if  there  are  none,  the  fact  is  to  be 
stated.  The  naming  a  person  execu- 
tor in  a  will,  is  not  to  discharge  any 
debt  against  him,  but  he  is  tp  account 
for  the  debt  as  so  much  received. 
The  discharge  or  bequest  of  any  debt 
is  not  valid  as  against  the  creditors  of 
the  testator,  but  is  to  be  treated  as  a 
specific  legacy.  Executors,  &c.,  may 
be  compelled  to  return  inventories, 
and  for  disobedience  may  be  commit- 
ted and  their  authority  may  be  revok- 
ed; and  their  bonds  are  to  be  prose- 
cuted. Any  one  administrator,  &c., 
may  return  an  inventory,  if  the  others 
neglect.  Whenever  assets  are  dis- 
covered after  an  inventory  is  return- 
ed, an  account  of  them  is  to  be  ren 
dered.  Administrator,  &c.,  when  ne- 
cessary, may  sell  the  personal  pro- 
perty on  a  credit  of  not  more  than  one 
year.  Articles  necessary  for  the  sup- 
port of  a  family,  or  specially  bequeath- 
ed, are  not  to  be  sold  until  other  pro- 
perty is  exhausted.  The  order  in 
which  debts  are  to  be  paid,  is  de- 
clared :  1,  debts  having  a  prefer- 
ence under  the  laws  of  the  United 
States ;  2,  taxes  assessed  before  the 
death  of  the  deceased;  3.  judgments 


and  decrees  ;  4th,  all  other  debts,  by 
which  the  preference  heretofore  given 
to  sealed  instruments  over  other 
debts,  is  abolished.  Debts  due  are 
not  to  be  preferred  to  debts  not  due  ; 
nor  does  the  commencement  of  a  suit, 
or  the  obtaining  a  judgment  (by  con- 
fession or  otherwise)  entitle  a  debt  to 
any  preference.  In  certain  cases  the 
surrogate  may  authorize  the  payment 
of  rent  in  preference  to  other  debts  of 
the  same  class.  Execution  is  not  to  is- 
sue against  an  administrator,&c., with- 
out the  order  of  the  surrogate,  or  un- 
til his  account  is  settled,  and  in  the 
latter  case  tne  proportion  of  assets  be- 
longing to  the  debt  only  is  to  be  col- 
lected. Executors,  &c.,  cannot  retain 
for  their  own  debts  until  they  shall 
have  been  allowed  by  the  surrogate, 
and  then  it  is  to  be  paid  only  in  pro- 
portion with  other  debts  of  the  same 
class.  Executors,  &c.,  may  give  no- 
tice to  creditors  to  exhibit  their  de- 
mands, and  may  require  them  to  be 
verified  on  oath ;  and  if  they  be  doubt- 
ed, may  agree  to  refer  the  controversy ; 
which,  by  a  very  short  proceeding,  is 
to  be  referred,  and  the  report,  if  not 
set  aside  by  the  court,  is  to  have  the 
same  effect  as  a  judgment  on  a  trial. 
If  a  rejected  claim  be  not  referred,  the 
creditor  must  bring  a  suit  within  six 
months  after  a  right  of  action  has  ac- 
crued, or  he  is  to  be  for  ever  barred 
from  recovering  the  demand.  If  a 
demand  be  not  presented  within  six 
months  after  the  publication  of  the  no- 
tice to  that  effect,  and  a  suit  be 
brought  on  it,  the  administrator,  &c., 
is  not  to  be  liable  for  any  money  he  has 
paid  in  satisfaction  of  other  debts,  or 
for  any  legacies  paid  by  him,  or  any 
sum  distributed  to  the  next  of  kin  ; 
but  the  legatees  and  the  next  of  kin 
are  to  be  liable  for  the  property  re- 
ceived by  them.  In  suits  or  demands 
not  presented  as  before  mentioned,  no 
costs  can  be  recovered  aga'nst  the 
defendants,  nor  can  costs  be  recovered 
in  any  case,  unless  it  appear  that  the 
demand  was  presented  within  the 
time  before  specified;  that  its  payment 
was  resisted  or  neglected;  or  that  the 
defendant  refused  to  refer  the  ron- 


NEW  YORK. 


troversy :  and  the  court  has  a  discre- 
,  tion  to  direct  the  costs  to  be  collected 
of  the  defendants  personally,  or  of  the 
estate  of  the  deceased,  as  shall  be  just. 
The  payment  of  legacies  may  be  en- 
forced by  the  decree  of  the  surrogate. 
The  persons  to  whom  to  be  paid,  and 
the  manner  of  investing  or  securing 
them,  are  pointed  out. 

After  the  expiration  of  eighteen 
months  from  his  appointment,  an  ex- 
ecutor, &c.,  may  be  compelled  to  ac- 
count ;  when  he  is  to  produce  vouch- 
ers for  all  sums  paid,  which  are  to  be 
deposited  with  the  surrogate  ;  but  he 
may  be  allowed  for  items  not  exceed- 
ing twenty  dollars  on  his  own  positive 
oath ;  but  the  total  of  such  items  is 
not  to  exceed  five  hundred  dollars. 
Allowances  are  to  be  made  for  pro- 
perty lost,  &c.,  without  default,  and 
for  the  decrease  in  the  value  of  pro- 
perty, and  they  are  not  to  receive  pro- 
fit for  its  increase.  The  rate  of  com- 
missions, exclusive  of  expenses,  is 
prescribed  ;  but  it  is  not  to  be  allowed 
where  a  specific  compensation  is  pro- 
vided by  the  will.  A  mode  is  provid- 
ed for  having  a  final  settlement  at  the 
instance  of  an  executor,  &c.,upon  no- 
tice to  be  served  and  published.  Au- 
ditors may  be  appointed  by  the  surro- 
gate to  examine  the  accounts  and  re- 
port to  him.  Such  settlement  is  con- 
clusive when  allowed  by  the  surro- 
gate, or  confirmed  on  appeal ;  but  it 
may  be  shown  afterwards  that  the  ex- 
ecutor, &c.,  has  received  money  or 
property  not  included  in  his  account. 
Upon  the  settlement  being  made,  the 
surrogate  is  to  decree  distribution, 
and  the  share  each  person  is  to  re- 
ceive ;  and  personal  property,  and  se- 
curities for  money  may  be  distributed 
in  lieu  of  their  value.  Sufficient  may 
be  retained'to  meet  any  suit,  that  may 
be  pending.  The  rules  of  distribution 
are  altered  in  some  respects.  The 
widow  rs  to  have  the  whole  if  there 
be  no  descendant,  parent,  brother, 
sister,  nephew,  or  neice  of  the  intes- 
tate ;  and  if  there  be  no  descendant, 
or  parent,  but  there  be  brother,  sister, 
nephew,  or  niece  of  the  intestate,  she 
receives  the  whole,  when  it  does  not 


exceed  2000  dollars ;  and  if  it  exceed 
that  sum,  then  she  receives  to  that 
amount.  Provision  is  made  for  the 
mother  of  an  intestate  receiving  a  por- 
tion, where  there  is  no  father ;  and  the 
whole  if  there  be  no  widow,  descend- 
ant, brother,  or  sister,  or  representa- 
tive of  them.  The  law  of  advance- 
ment is  extended  to  personal  estate, 
as  mentioned  in  a  former  number. 
Persons  entitled  to  legacies  or  distri- 
butive shares,  may,  under  certain  cir- 
cumstances, be  allowed  to  receive  a 
part  thereof  in  advance,  for  their  sup- 
port. 

The  fourth  title  treats  of  the  pow- 
ers of  administrators,  &c.,  in  the  dis- 
position of  the  real  estate  of  intes- 
tates, &c.  Petitions  for  the  sale,  &c., 
of  real  estate,  may  be  presented  after 
the  settlement  of  the  administrator's 
account,  and  within  three  years  after 
granting  letters  of  administration, 
&c.,  which  are  to  contain  matters 
particularly  specified.  More  full  pro- 
visions are  made  for  notices  to  devi- 
sees, &c.,  to  show  cause.  Upon  the 
hearing,  creditors  and  others  interest- 
ed may  contest  the  debt  set  up,  and 
the  surrogate  may  order  a  feigned  is- 
sue to  try  questions  of  fact.  The  de- 
mands ascertained  to  exist  are  to  be 
entered  by  the  surrogate  in  his  mi- 
nutes, and  the  vouchers  are  to  be  filed 
with  him.  A  sale  is  not  to  be  order- 
ed until  it  is  ascertained,  whether  the 
money  required  may  not  be  raised  by 
mortgage  or  lease  of  the  real  estate. 
Before  ordering  a  sale,  new  bonds  are 
to  be  required  from  the  executor, 
to  pay  over  the  money  arising  from 
the  sale ;  and  if  such  bond  be  not  ex- 
ecuted in  a  reasonable  time,  the  sur- 
rogate is  to  appoint  two  freeholders  to 
make  the  sale.  Credit  may  be  given 
on  sales ;  and  they  may  be  opened,  if 
a  new  bid  of  ten  per  cent,  more  can 
be  obtained.  The  sales  are  to  be  sub- 
ject to  all  charges  by  mortgage  or 
judgment,  existing  on  the  land  sold. 
Devisees  and  heirs  are  to  be  exone- 
rated from  the  debts,  to  the  extent  of 
the  money  brought  in  upon  such  sales, 
which  is  in  all  cases  to  be  paid  to  the 
surrogate,  who  is  to  distribute  it  among1 


04] 


ANNUAL  REGISTER— 1827-8-9. 


the  creditors.  He  is  first  to  satisfy 
any  claim  of  dower  upon  the  land 
sold,  and  if  it  cannot  be  done,  he  is 
to  vest  a  sufficient  sum  to  produce  an 
income  equal  to  the  dower,  which  is 
to  be  paid  to  the  widow.  Notice  of 
the  distribution  is  to  be  published,  and 
the  debts  are  to  be  ascertained.  Se- 
curities taken  on  the  sale,  or  on  the 
investment  of  the  dower  found,  are  to 
remain  with  the  surrogate,  to  be  col- 
lected and  applied  by  him.  If  there  is 
any  surplus,  it  is  to  be  distributed  to 
the  heirs  and  devisees  of  the  deceas- 
ed. Executors  and  administrators 
may  be  compelled  by  creditors  to  ap- 
ply for  orders  for  sale,  and  in  case  of 
refusal  to  perform  the  necessary  acts, 
the  surrogate  may  appoint  a  freehold- 
er to  proceed  and  sell.  Suits  against 
heirs  and  devisees  are  not  to  be 
brought,  until  after  three  years  from 
the  granting  letters  of  administration  ; 
and  they  may  then  be  stayed,  if  an  ap- 
plication is  pending  for  an  order  of 
sale.  Sales  by  executors  under  a  will, 
are  to  be  made  upon  like  notice  and 
in  the  same  manner  as  those  ordered 
by  a  surrogate  ;  and  they  may  be  com- 
pelled to  account  for  the  proceeds  of 
such  sales  and  to  make  distribution. 
Special  provision  is  made  for  the  sale, 
by  order  of  the  surrogate,  of  the  inter- 
est which  a  deceased  purchaser  had, 
in  a  contract  for  the  sale  of  land,  and 
the  contract  is  to  be  assigned  to  the 
purchaser  thareof.  The  proceeds  are 
to  be  paid  to  the  surrogate,  who  is 
first  to  pay  the  money  due  on  the  con- 
tract, then  to  pay  debts,  and  to  distri- 
bute the  surplus  among  the  heirs  of 
the  deceased.  A  portion  of  the  land 
under  contract  may  be  sold,  when  it 
will  be  sufficient  to  pay  the  amount 
due  upon  it  and  the  creditors  of  the  es- 
tate. And  the  vender  of  the  land  may 
be  compelled  specifically  to  perform 
his  contract,  for  the  benefit  of  the  pur- 
chaser. 

Title  five  of  the  sixth  chapter  of 
the  second  part,  treats  of  the  rights 
and  duties  of  executors  and  adminis- 
trators. The  new  provisions  on  this 
subject  are  chiefly  the  following.  Ex- 
ecutors, &c.,  may  maintain  actions 


for  trespass  committed  on  the  lands 
of  their  testator,  &c.,  in  his  lifetime. 
Suits  commenced  by  executors,  &c., 
are  not  to  abate  by  their  death,  re- 
moval, &c.,  but  may  be  continued  by 
the  co-executor,  &c.  if  there  be  any. 
or  by  the  successor.  Suits  against 
them  may  be  continued  against  suc- 
cessors, or  the  party  may  proceed 
against  the  administrator, &c., remov- 
ed, to  charge  him  personally,  but  no 
judgment  in  such  case  is  to  affect  the 
estate.  The  surrogate  has  power  to 
decree  the  payment  of  debts  after  the 
expiration  of  six  months  from  the 
granting  of  the  letters  of  administra- 
tion, &c. ;  and  after  one  year,  he  may 
decree  payment  of  legacies  or  distri- 
bution among  the  relatives.  Upon 
a  creditor  obtaining  a  judgment  at 
law  against  an  executor,  &c.,  he  may 
apply  to  the  surrogate  for  an  order  to 
issue  execution ;  upon  which  the  ex- 
ecutor, &c,.  is  to  be  cited  to  appear, 
and  if  assets  be  found  in  his  hands 
applicable  to  the  judgment,  an  order 
for  execution  is  to  be  made,  which  is 
to  be  conclusive  evidence  that  there 
are  assets  ;  and  the  mode  of  appeal- 
ing from  such  orders  is  regulated. 
Such  orders  are  to  be  made  from  time 
to  time,  as  often  as  may  be  necessary. 
The  surrogate  of  the  county  in  which 
letters  are  granted,  is  entitled  to  act 
in  all  matters  relating  to  the  estate 
on  which  such  letters  were  granted. 

The  sixth  title  relates  to  public  ad- 
ministrators :  the  first  article  of  which 
concerns  that  officer  in  the  city  of 
New  York.  Many  new  and  impor- 
tant provisions  are  introduced,  having 
in  view  chiefly  the  securing  the  es- 
tates of  deceased  strangers  for  the 
benefit  of  their  relatives,  mostly  con- 
fined in  their  operation  to  New  York. 
The  powers  of  the  public  adminis- 
trator in  New  York  are  to  cease,  1st, 
when  a  will  has  been  proved,  and  let- 
ters have  been  granted  thereon,  either 
before  or  after  he  has  taken  letters  ; 
2d,  when  letters  of  administration 
have  been  granted  to  any  other  per- 
son, before  he  received  them ;  3d, 
when  such  letters  shall  be  granted  by 
any  surrogate  having  jurisdiction. 


.\li\V  YORK. 


JO;-) 


vatlun  six  months  after  the  public  ad- 
ministrator became  vested  with  the 
power  of  administering  on  the  estate : 
and  if  within  three  months  after  that 
time  any  relative  of  the  deceased  ap- 
plies, and  shows  that  he  was  not  a 
resident  of  New  York,  or  being  such 
a  resident  he  was  not  notified,  he  is 
to  be  entitled  to  letters  of  administra- 
tion. An  annual  account  is  to  be  ex- 
hibited to  the  common  council,  show- 
ing the  name  of  every  person  on  whose 
estate  the  public  administrator  has  ad- 
ministered, his  addition,  the  place  of 
his  residence  at  the  time  of  his  death, 
and  the  place  or  country  from  which 
he  came,  and  the  total  amount  of  re- 
ceipts and  expenditures  in  each  case  ; 
which  statement  is  to  be  published 
for  three  weeks  in  the  state  paper ; 
and  a  penalty  of  $500  and  forfeiture 
of  office,  is  imposed  for  neglecting  to 
render  or  publish  such  statement. 
Every  keeper  of  a  boarding  or  lodg- 
ing house  in  New  York  is  to  report 
to  the  public  administrator  within 
twelve  hours,  the  death  of  every  tran- 
sient person,  under  a  penalty  of  $100 


to  be  appraised,  and  an  inventory  re- 
turned in  twenty  days  at  the  utmost, 
(under  a  penalty  of  $500,  and  forfeit- 
ure of  office,)  when  he  is  to  give  the 
bond  required  of  other  administrators. 
Notice  to  relatives  and  others  to  claim 
administration,  is  to  be  given  ;  when 
the  persons  entitled  to  letters  are  to 
receive  them,  and  the  treasurer  is  to 
account  to  them.  If  no  one  appears 
entitled  to  letters,  and  no  previous 
administration  has  been  granted  by 
any  other  surrogate,  the  treasurer  is- 
to  be  appointed  administrator  upon 
giving  bonds.  His  powers  may  be 
superseded,  1st,  by  the  production 
of  letters  testamentary  upon  a  will, 
granted  before  or  after  his  appoint- 
ment ;  2d,  by  producing  letters  of  ad- 
ministration granted  before  he  was 
appointed  ;  3d,  by  producing  such  let- 
ters granted  by  the  surrogate  of  a 
county,  of  which  the  deceased  was  a 
resident  at  the  time  of  his  death ;  and 
upon  being  superseded,  the  treasurer 
is  to  account.  Within  a  year  after 
receiving  letters,  the  treasurer  is  to 
account,  and  he  is  entitled  to  his  ex- 


for  each  neglect  ;  provided  a  copy  of    penses  and  to  double  the  commissions 


the  section  is  served  within  one  year 
previously,  on  such  keeper  of  a  lodg- 
ing house,  &c. 

The  second  article  of  this  title  re- 
lates to  public  administrators,  in  other 
counties  besides  New  York.  County 
treasurers  are  authorized  to  take 
charge  of  estates  amounting  to  $100 
or  more,  of  intestates,  where  letters 
shall  not  have  been  granted,  1st,  when 
the  intestate  dies  in  the  county,  leav- 
ing no  widow  or  relative  in  the  coun- 
ty, entitled  or  competent  to  take  let- 
ters ;  2d,  when  assets  of  any  person 
dying  intestate  shall  come  into  the 
county,  and  there  shall  be  no  one  en- 
titled to  take  letters.  He  may  be  em- 
powered by  the  surrogate  to  secure 
the  effects  of  any  estate,  although 
there  be  a  widow  and  relative,  if  there 
are  creditors  residing  more  than  100 
miles  distant,  and  there  is  danger  of 
the  effects  being  wasted.  Ample  pro- 
vision is  made,  to  enable  him  to  seize 
property  concealed  or  withheld.  The 
property  taken  bv  him  in  charge,  is 

VOT,.  III.  0 


allowed  to  other  executors.  He  is  to 
render  an  annual  statement  to  the 
comptroller,  and  to  publish  it  for  three 
weeks  in  his  county  and  in  the  state 
paper,  under  a  penalty  of  $100  ;  and 
the  balance  of  money  in  his  hands  _is 
to  be  paid  into  the  state  treasury,  from 
which  it  may  be  drawn  on  the  applica- 
tion of  any  creditor,  legatee,  or  next  of 
kin  of  the  deceased,  to  the  court  of 
chancery,  by  an  order  of  that  court, 
but  without  any  interest  thereon,  and 
after  deducting  all  expenses  incurred. 
The  seventh  chapter  of  the  second 
part  relates  to  fraudulent  conveyances 
and  contracts.  A  grantee  in  a  frau- 
dulent conveyance  of  land,  who  was 
not  privy  to  the  fraud  intended,  is  not 
to  be  divested  of  his  title  at  the  in- 
stance of  a  subsequent  purchaser,  who 
at  the  time  of  his  purchase  had  actual 
or  legal  notice  of  the  fraudulent  con- 
veyance. This  provision  settles  a 
very  important  principle,  which  has 
been  long  altercated  in  the  courts  in 
England  nnd  in  this  country.  If  a 


A  L  KEG1STEK 


power  to  revoke  a  conveyance  and  to 
reconvey,  be  given,  and  the  attorney 
shall  thereafter  convey  to  a  bona  fide 
purchaser ;  it  shall  be  as  valid  as  if  the 
power  to  reconvey  were  recited  there- 
in, and  the  intent  to  revoke  the  for- 
mer conveyance  was  expressly  de- 
clared. No  estate  or  interest  in  land, 
other  than  leases  for  one  year,  nor  any 
trust  or  power  in  relation  thereto,  can 
be  created,  granted,  surrendered,  or 
declared,  unless  by  operation  of  law, 
or  an  instrument  in  writing,  signed  by 
the  party  or  his  agent.  [The  former 
law  excepted  leases  for  not  more  than 
three  years.  The  consequence  of  the 
alteration  is,  that  leases  for  more  than 
one  year  must  be  in  writing.]  Con- 
tracts for  leasing  for  more  than  one 
year,  or  for  the  sale  of  any  interest  in 
lands,  or  some  note  or  memorandum 
thereof  expressing  the  consideration, 
are  to  be  in  writing,  and  to  be  sub- 
scribed by  the  party  by  whom  the  sale 
or  lease  is  to  be  made,  or  by  his  agent ; 
and  if  not  so  made  they  are  to  be  void ; 
but  the  power  of  courts  of  equity  to 
compel  specific  execution  of  agree- 
ments when  there  has  been  a  part  per- 
formance, is  not  to  be  affected.  All 
deeds  of  gift  and  transfers,  verbal  or 
written,  of  any  personal  property, 
made  in  trust  for  the  use  of  the  gran- 
tor, are  void  as  against  the  existing 
or  subsequent  creditors  of  such  gran- 
tor. Agreements,  which  by  their 
terms  are  not  to  be  performed  within 
a  year;  promises  to  answer  for  the 
debt,  default,  or  miscarriage  of  another 
person ;  and  agreements  upon  consi- 
deration of  marriage,  except  mutual 
promises  to  marry,  or  some  note  or 
memorandum  thereof  expressing  the 
consideration,  must  be  in  writing,  and 
subscribed  by  the  party  to  be  charg- 
ed. 

Contracts  for  the  sale  of  chattels 
and  things  in  action,  for  the  price  of 
fifty  dollars  or  more,  or  a  note  or  me- 
morandum thereof,  must  be  in  writing, 
or  the  buyer  must  have  received  part 
of  the  goods,  or  the  evidences  of  the 
things  in  action,  or  the  buyer  at  the 
time  of  the  contract  must  have  paid 
part,  of  the  purchase  money : 


otherwise  such  contracts  are 
[The  former  law  required  such  con- 
tracts for  the  sale  of  goods  for  the 
price  of  twenty-five  dollars  or  more 
to  be  in  writing,  &c.J  A  memoran- 
dum made  by  an  auctioneer,  in  his 
sale  book,  at  the  time,  of  goods  sold, 
specifying  the  names  of  the  parties, 
the  nature  and  price  of  the  property 
sold,  and  the  terms  of  the  sale,  is  to 
be  deemed  a  note  in  writing,  within 
the  previous  pro  vision.  Sales  of  goods 
remaining  in  the  possession  of  the 
vendor,  and  assignments  of  goods  as 
security,  or  upon  any  condition  what- 
ever, unless  accompanied  by  an  im- 
mediate delivery,  and  followed  by  an 
actual  and  continued  change  of  pos- 
session, are  fraudulent  and  void  as 
against  the  creditors  of  the  vendor  or 
assignor,  and  as  against  subsequent 
purchasers  in  good  faith ;  and  are  to 
be  conclusive  evidence  of  fraud,  unless 
the  person  claiming  under  such  sale 
or  assignment  makes  it  appear,  that 
the  same  was  made  in  good  faith  and 
without  intent  to  defraud.  [This  pro- 
vision is  intended  to  settle  the  law  on 
this  perplexing  subject ;  it  throws  the 
burthen  of  proving  a  good  considera- 
tion, and  the  absence  of  an  intent  to 
defraud,  on  the  claimant.]  Contracts 
of  bottomry  and  respondentia  and  hy- 
pothecation of  goods  or  vessels  at  sea 
or  in  foreign  ports,  are  exempted  from 
the  foregoing  provisions.  Grants  or 
assignments  of  existing  trusts  in  any 
species  of  property,  are  to  be  in  writ- 
ing. The  question  of  fraudulent  in- 
tent in  all  cases  arising  under  the  pro- 
visions of  this  chapter  is  to  be  deem- 
ed  a  question  of  fact  and  not  of  law  ; 
and  no  conveyance  is  to  be  judged 
fraudulent  solely  on  the  ground,  that 
it  was  not  founded  on  a  valuable  con- 
sideration. [This  provision  is  in- 
tended to  put  an  end  to  what  is  called 
fraud  in  law,  and  to  refer  the  question 
in  all  cases  to  the  jury,  or  to  those 
who  are  to  judge  of  the  facts.]  The 
title  of  a  purchaser  for  valuable  con- 
sideration is  not  to  be  impaired,  unless 
it  appear  that  he  had  previous  notice 
of  the  fraudulent  intent  of  his  imme- 
diate grantor,  or  of  the  fraud  render- 


NEW  \ORK, 


jti? 


uig  void  the  title  of such  grantor.  Tlie 
term  "  conveyance,"  as  used  in  this 
chapter,  is  defined  to  mean  every  in- 
strument, except  a  last  will,  whatever 
may  be  its  form,  by  which  any  estate 
or  interest  in  land  is  created,  aliened, 
assigned,  or  surrendered.  But  this 
chapter  is  not  to  extend  to  any  con- 
veyances made,  or  proceedings  had 
or  commenced  before  the  1st  of  Ja- 
nuary, 1830. 

The  eighth  and  last  chapter  of  the 
second  part,  treats  of  the  domestic 
relations  ;  husband  and  wife,  parents 
and  children,  guardians  and  wards, 
masters,  apprentices,  and  servants. 
The  consent  of  the  parties  is  essen- 
tial to  the  validity  of  a  marriage  as  a 
civil  contract :  such  consent  can  be 
given  only  by  a  male  of  the  full  age 
of  seventeen,  or  by  a  female  of  the 
full  age  of  fourteen  years.  [By  the 
former  law,  males  must  be  fourteen, 
and  females  twelve  years  of  age,  to 
be  capable  of  contracting  marriage.] 
Marriages  between  grand  parents, 
parents,  children  and  grand  children, 
and  between  brothers  and  sisters,  of 
the  half  or  whole  blood,  are  incestu- 
ous and  void.  Marriages  contracted 
by  persons  incapable  of  contracting, 
or  whose  consent  has  been  obtained 
by  force  or  fraud,  are  void  from  the 
time  their  nullity  is  judicially  pro- 
nounced. Second  and  subsequent 
marriages  are  void,  except  in  the 
same  cases  now  provided  by  law ; 
but  when  a  marriage  has  been  con- 
tracted by  a  person  whose  husband  or 
wife  has  been  absent  for  five  years, 
without  being  known  to  be  living,  it 
is  to  be  void  only  from  the  time  its 
nullity  is  judicially  declared.  The 
existing  law  respecting  the  mode  of 
contracting  marriages,  and  the  per- 
sons by  whom  they  may  be  solem- 
nized, is  not  touched.  The  want  of 
some  legal  means  of  perpetuating  the 
evidence  of  a  marriage  has  long  been 
severely  felt  in  this  state,  particularly 
in  cases  where  it  became  necessary  to 
establish  a  pedigree.  To  remedy  this 
defect,  and  for  the  purpose  of  providing 
legal  and  permanent  evidence  of  a 


marriage,  the  following  provisions 
have  been  enacted  :  They  are  to  be 
solemnized  by  ministers,  county 
judges,  or  justices  of  the  peace  ;  who 
are  to  ascertain,  and  enter  in  a  book 
kept  by  them,  the  names,  ages,  and 
places  of  residence  of  the  parties,  and 
their  occupations ;  the  name  and 
evidence  of  one  attesting  witness  at 
least,  and  of  two,  if  there  be  two  pre- 
sent. Proof  of  the  identity  of  either 
party,  who  is  not  personally  known  to 
the  minister  or  magistrate,  is  to  be 
made  by  the  oath  of  some  known 
person,  which  oath  may  be  adminis- 
tered by  any  magistrate.  It  is  de- 
clared a  misdemeanour,  punishable 
by  fine  and  imprisonment,  for  any 
minister  or  magistrate  to  solemnize  a 
marriage,  when  either  of  the  parties  is 
to  his  knowledge  under  the  age  of 
legal  consent,  or  an  idiot,  or  lunatic, 
or  any  other  legal  impediment  exists. 
A  certificate  of  the  marriage  is  to  be 
furnished,  specifying  the  same  mat- 
ters required  to  be  ascertained ;  that 
the  parties  were  personally  known, 
or  satisfactorily  proved  by  the  oath  of 
a  person  known ;  the  names  and  re- 
sidences of  the  attesting  witness  or 
witnesses  ;  the  time  and  place  of 
marriage  ;  and  that  after  due  inquiry 
there  appeared  no  lawful  impediment 
to  such  marriage.  Certificates  must 
be  presented,  within  six  months  after 
the  marriage,  to  the  clerk  of  the  city 
or  town  where  it  was  solemnized,  or 
where  either  of  the  parties  resides ; 
if  signed  by  a  magistrate,  they  are  at 
once  to  be  filed  by  the  clerk  and 
entered  in  a  book ;  if  signed  by  a 
minister,  it  must  be  acknowledged  by 
him  before  a  magistrate,  or  proved  to 
have  been  executed  by  him.  Such 
certificate,  its  entry  by  the  clerk,  or 
a  copy  of  either,  shall  be  received  m 
all  courts  and  places,  as  presumptive 
evidence  of  the  fact  of  such  marriage. 
The  provisions  of  this  article  are  not 
to  extend  to  Quakers  or  Jews. 

The  cases  are  enumerated,  in  which 
marriages  are  to  be  dissolved  on  ac- 
count of  the  nullity  of  the  contract ;    ' 
and  the  persons  by  whom,  a^'l  ?»% 


68] 


ANNUAL  REGISTER— 1827-8-9. 


what  time,  application  for  that  pur- 
pose is  to  be  made.     When  a  snbse- 
quent  marriage  has  been   contracted 
during  the  lifetime  of  a  former  hus- 
band or  wife,  believed  to  be  dead,  and 
in  good  faith,  the  issue  of  such  mar- 
riage before  its  nullity  was  declared, 
are  to  inherit  as  legitimate  children 
the  real  and  personal  estate  of  the 
parent  who,  was  competent  to  con- 
tract.    The   children  of  a  marriage 
annulled  on  the  ground  of  lunacy  or 
idiocy,  are  to  inherit  as  legitimate  the 
property  of  the  parent  who  was  of 
sound  mind.     Bills  to  avoid  a  mar- 
riage irregularly  solemnized  and  not 
consummated,    may  be   brought  by 
either  of  the  parties,  or  by  the  parent, 
guardian,  or  next  friend  of  the  party 
who  is  minor ;  and  after  the  death  of 
a  party,  by  any  relative  interested,  to 
contest  the  marriage.     Sentences  of 
nullity  of  marriage  are  not  to  be  pro- 
nounced on  the   confessions   of  the 
parties,  but  only  on  satisfactory  evi- 
dence of  the  facts  ;  and  if  made  du- 
ring the  lifetime  of  the  parties,  are 
conclusive  in  all  cases  ;  but  if  made 
after  the  death  of  either  party,  they 
are  conclusive  only  on  the  parties  to 
the  suit,  or  those  claiming  under  them. 
Divorces  on  the  ground  of  adultery 
may  be  denied,  when  the  offence  has 
been  committed  with  the  connivance 
of  the  complainant,  or  where  it  has 
been  forgiven  by  the   injured  party, 
and  it  is  expressly  proved,  or  there 
has  been  voluntary  cohabitation  with 
acknowledge  of  the  offence,  or  where 
the  suit  shall  not  have  been  brought 
within  five  years  after  a  discovery  of 
the  offence,  or  where  the  complainant 
has  been  guilty  of  adultery.      Pro- 
vision is  made  respecting  the  legiti- 
macy of  the  children,  upon  divorces 
for  adultery  being  granted. 

Separations  from  bed  and  board 
for  ever,  or  for  a  limited  time,  may  be 
decreed  on  the  application  of  a  mar- 
ried woman  only,  in  the  cases  now 
provided  by  law,  and  with  the  same 
consequences.  And  such  decrees 
may  be  revoked  by  the  court  pro. 
nouncing  them,  upon  the  joint  appli. 


cation  of  the  parties,  and  satisfactory 
evidence  of  their  renunciation.  In 
suits  for  a  divorce  or  a  separation,  the 
husband  may  be  required  to  pay  any 
sums  necessary  to  enable  the  wife  to 
carry  on  the  suit,  and  costs  may  be 
decreed  against  either  party. 

The  only  new  provision  in  the  title 
concerning  parents  and  children,  is 
the  following:  When  husband  and 
wife  live  in  a  state  of  separation  with- 
out being  divorced,  the  wife  may 
apply  to  the  supreme  court  for  a 
habeas  corpus,  to  have  any  minor 
child  brought  before  it ;  and  the  court 
may  award  the  custody  of  the  child  to 
the  mother,  under  such  regulations  as 
the  case  may  require ;  which  order 
may  be  at  any  time  thereafter  annul- 
led or  varied. 

Where  no  guardian  of  a  minor  has 
been  appointed  by  the  will  of  its  fa- 
ther,   the    surrogate   of  the    county 
where    the    minor   resides,    has  the 
game  power   to    allow  and    appoint 
guardians  as  is  possessed  by  the  chan- 
cellor ;  which  power  is  to  be  exer- 
cised on  the  application  of  the  minor, 
if  he  be  fourteen  years  old,  or  of  any 
relative  or  other  person  in  his  behalf, 
if  he  be  under  that  age ;  and  in  the 
latter  case,  a  day  for  the  hearing  is  to 
be    assigned,    and    notice   is  to  be 
given  to  the   relatives  of  the  minor 
residing  in  the  county.     He  has  the 
same  discretion  in  selecting  guardians 
as  in  the  appointment    of   adminis- 
trators, but  he  is  to  give  preference  to 
certain  relatives   in  the  order    par- 
ticularly prescribed.     The  bonds  of 
guardians  are  to  be  kept  among  the 
papers  of  the  surrogate,  and  are  to  be 
prosecuted    when    he    shall    direct. 
Guardians  for  a  minor  under  fourteen 
are  to  continue  until  another  guardian 
be  appointed,  or  they  be  discharged, 
although    the    minor  may  have   ar- 
rived at  fourteen.    They  may  be  cited 
to  account    by  his  ward  or  by  any 
relative,  on  showing  cause ;  and  shall 
be  compelled  to  account  on  the  ward's 
arriving  at  full  age,  without  cause 
being  shown.     And  in  such  case,  and 
also  upon  a  guardian's  being  super- 


NEW  YORK. 


[09 


seried,  lie  may  compel  an  account ; 
and  appeals  from  the  final  settlement 
of  such  accounts  may  be  made  in  the 
same  manner  and  time,  and  with  the 
same  effect,  as  in  case  of  adminis- 
trators. Guardians  may  be  removed 
by  the  surrogate  appointing  them,  on 
the  application  of  a  ward  or  his  rela- 
tive, and  on  proof  of  the  incompe- 
tency  of  such  guardian,  or  of  his 
wasting  the  estate,  or  of  any  miscon- 
duct in  relation  to  his  duties  as  a 
guardian.  Provision  is  made  for  giv- 
ing notice  of  such  application,  and  for 
the  proceedings  thereon  ;  and  upon  a 
guardian  being  removed,  a  new  one  is 
to  be  appointed.  Appeals  from  an 
order  appointing  a  guardian,  or  re- 
moving him,  or  refusing  to  remove 
him,  may  be  made  to  the  chancellor 
within  six  months,  by  any  person 
interested.  But  an  order  of  removal 
is  not  to  be  affected  by  an  appeal 
until  reversed.  Guardians  are  to  be 
allowed  for  their  expenses,  and  the 
same  rate  of  compensation  for  their 
services,  as  is  prescribed  for  exe- 
cutors. 

The  provisions  of  the  existing  laws 
concerning  apprentices  and  persons 
held   in  service,   are    collected  and 
arranged,  with  few  variations.  Among 
them  are  the  following :     It  is  made 
the  special  duty  of  overseers  of  the 
poor  and  county  superintendents,  to 
take  care  that  the  terms  of  all  con- 
tracts, by  which  persons  are  bound  or 
held  iti  service  be  fulfilled,  and  that 
such  persons  be  properly  used,  and  to 
inquire   into  the   treatment  of  such 
persons,  and  redress  their  grievances. 
Apprentices    and    servants    wilfully 
absenting  themselves  without  leave, 
may  be  compelled  to  serve  double  the 
time  of  such  absence,  unless  satis- 
faction be  otherwise  made ;  but  such 
additional  service  is  not  to   exceed 
three  years  after  the  end  of  the  origi- 
nal  term.     Upon    a   complaint  of  a 
master  of  the  misconduct  of  an  ap- 
prentice, &c.,  to  two  justices,  they 
may  discharge  the  offender  from  ser- 
vice, and  the  master  from  his  obliga- 
tions, or  may  commit  the  apprentice, 
&c..  to  jail,  for  not  more  than  a  month, 


there  to  be  confined  in  a  separate 
room,  and  to  be  employed  in  hard 
labour.  And  upon  complaint  of  the 
misconduct  of  a  master,  they  may 
discharge  the  apprentice,  &c. ;  but 
these  provisions  do  not  apply  when 
any  sum  of  money  is  paid,  or  agreed 
to  be  paid,  for  the  instruction  of  the 
apprentice,  &c.  In  such  cases,  on  a 
complaint  to  a  justice,  he  is  to  make 
such  order  as  the  equity  of  the  case 
may  require  ;  and  if  the  difficulty  can- 
not be  reconciled,  he  is  to  take  a 
recognizance  from  the  master  or  ap- 
prentice complained  of,  to  appear  at 
the  next  court  of  general  sessions, 
who  may  discharge  the  apprentice 
and  order  any  money  paid  to  be  re- 
funded, and  may  punish  the  appren- 
tice by  fine  and  imprisonment,  or 
both.  Upon  the  death  of  any  master 
to  whom  an  apprentice  has  been 
bound  by  the  overseers  of  the  poor 
or  the  county  superintendents,  the 
executor,  &c.,  may,  with  the  written 
consent  of  the  person  bound  acknow- 
ledged before  a  justice,  assign  the 
indentures  to  any  other  person  ;  and 
if  such  consent  be  refused,  the  court 
of  general  sessions  may,  notwith- 
standing, direct  such  assignment, 
after  fourteen  days  notice  to  the  ap- 
prentice, his  parent  or  guardian,  if 
there  be  any  in  the  county. 

The  THIRD  PART  of  the  revised 

statutes  is  entitled  "  An  act  concern- 
ing courts  and  ministers  of  justice, 
and  proceedings  in  civil  cases,"  and 
consists  of  ten  chapters.  The  first 
chapter  treats  of  the  courts  of  general 
or  limited  jurisdiction.  With  respect 
to  the  court  for  the  trial  of  impeach- 
ments, and  the  correction  of  errors, 
it  is  provided  that  the  major  part  of 
the  members  then  in  office,  and  con- 
stitutionally competent  to  vote  on  the 
question  pending,  shall  be  sufficient 
to  constitute  the  court,  but  no  deci- 
sion can  be  made  without  the  concur- 
rence of  ten  members,  competent  to 
vote  on  the  question.  The  reasons 
to  be  assigned  by  the  chancellor,  or 
judges  of  the  supreme  court,  for  the 
decree  or  judgment  appealed  from. 


70] 


ANNUAL  REOISTER—1827-8-9. 


are  to  be  in  writing,  and  to  be  read 
before  the  argument  commences. 
The  chancellor  may  vote  on  questions 
not  affecting  the  merits  of  the  cause 
or  any  point  decided  in  the  court  of 
chancery,  and  the  judges  may  vote  on 
like  questions  arising  in  causes  re- 
moved by  writ  of  error  from  the  su- 
preme court. 

The  powers  of  the  court  of  chan- 
cery are  vested  in  the  chancellor,  and 
an  original  jurisdiction,  concurrent 
with  his,  is  vested  in  each  circuit 
judge,  who  is  declared  a  vice-chan- 
cellor, and  is  to  take  cognizance  of 
all  matters  hi  equity,  where  they  shall 
have  arisen  within  the  circuit  of  such 
judge,  or  where  the  subject  matter  in 
controversy  shall  be  situated  in  such 
circuit,  or  where  the  persons  pro- 
ceeded against,  or  either  of  them, 
reside  within  such  circuit,  subject  to 
appeals  to  the  chancellor.  The  vice- 
chancellor  cannot  interfere  with  any 
order,  &c.,  of  the  chancellor,  nor 
review,  &c.,  any  proceedings  of  any 
other  vice-chancellor,  or  entertain 
any  appeals  that  may  be  made  to  the 
court  of  chancery.  Bills  may  be 
addressed  to  and  filed  before  any  one 
of  them,  in  cases  where  the  chancel- 
lor is  a  party  or  interested  in  the 
event.  In  all  other  cases  than  those 
enumerated,  the  chancellor  is  to  en- 
tertain proceedings  as  heretofore 
practised.  There  is  to  be  a  clerk  of 
the  court  of  chancery  in  each  senate 
district,  except  the  first  and  third,  in 
which  the  register  and  assistant  re- 
gister are  to  officiate  as  clerks. 
Causes  now  pending  in  the  several 
equity  courts,  are  to  be  transferred  to 
the  court  of  chancery,  and  to  be  pro- 
ceeded in  by  the  vice-chancellors  of 
the  respective  circuits.  Provision  is 
made  for  preserving  and  rendering 
accounts  periodically  of  money  paid 
into  the  court,  and  for  its  investment. 
Sheriffs  of  counties  are  to  attend  the 
stated  terms  held  therein  by  the  chan- 
cellor or  vice-chancellor ;  they  are  to 
perform  all  the  powers  and  duties  of 
sergeants-at-arms,  and  may  execute 
the  orders  and  process  of  the  court,  in 
any  county  of  the  state.  Application 


for  an  injunction  or  ne  exeat,  c,> 
be  made  to  any  master  in  chancery, 
after  it  has  once  been  made  to  any 
other  officer :  any  order  granted  on 
such  second  application  is  void,  and 
is  to  be  revoked,  and  the  party  obtain- 
ing it  is  to  be  punished  for  a  contempt. 

The  powers  of  the  court  of  chance- 
ry are  declared  to  be  co-extensive 
with  those  of  that  court  in  England, 
subject  to  the  provisions  in  the  consti- 
tution and  laws  of  the  states.  Suits 
concerning  property,  where  the  mat- 
ter in  dispute  does  not  exceed  one 
hundred  dollars,  are  to  be  dismissed 
with  costs  to  the  defendant.  Where 
a  judgment  has  been  obtained  at  law, 
and  an  execution  returned  thereon, 
unsatisfied  in  whole  or  in  part,  the 
court  may  subject  any  personal  pro- 
perty of  the  defendant,  although  such 
as  cannot  be  reached  by  an  execution, 
to  the  payment  of  the  debt ;  and  for 
that  purpose,  may  compel  a  discovery 
and  prevent  a  transfer  of  any  such 
property.  But  property  or  a  fund 
held  in  trust  for  a  defendant,  which 
has  been  created  by,  or  provided  from, 
another  person,  cannot  be  so  affected. 
[This  provision  disposes  of  the  much 
agitated  question,  respecting  the 
power  to  reach  notes  and  other  secu- 
rities for  debts,  bank  stock,  &c.] 
Set-offs  are  to  be  allowed  in  chance- 
ry, in  the  same  manner,  and  with 
like  effect,  as  in  actions  at  law.  In 
all  other  bills,  than  such  as  are  for 
discovery  only,  the  oath  of  ^he  de- 
fendant to  the  answer  may  be  re- 
ceived, and  the  answer  is  to  have  no 
greater  force  as  evidence  than  the 
bill.  The  chancellor  may  modify  the 
practice  in  all  cases  not  provided  for 
by  statute,  and  he  is  to  make  ne\v 
rules,  and  to  revise  them  every  seven 
years,  with  a  view  to  improvements  in 
the  practice.  Whenever  any  pro- 
ceeding appears  to  have  been  made 
unnecessarily  prolix  for  the  purpose 
of  increasing  the  cost,  it  is  made  the 
duty  of  the  chancellor,  to  order  tho 
solicitor  or  counsellor  by  whom  it  was 
drawn,  1o  pay  the  costs  occasioned  by 
such  prolixity  to  the  party  injured. 

The  vice-chancellors  respectively 


.NEW   YORK. 


[71 


are  to  hold  four  stated  terms  in  each 
year,  at  such  times  and  in  such  coun- 
ties as  they  shall  appoint ;  which  are 
to  remain  unaltered  for  two  years. 
The  chancellor,  by  general  rules,  is  to 
prescribe  the  manner  of  conducting 
proceedings  before  the  vice  chancel- 
lor, and  the  cases  in  which  re-hear- 
ings may  be  granted  to  them.  Where 
a  vice-chancellor  shall  be  unable  to 
hold  a  term,  or  be  interested  in  a 
cause,  or  shall  have  been  solicitor  or 
counsel,  any  other  vice-chancellor 
may  hold  such  term  or  hear  such 
cause. 

All  bills  and  petitions  in  chancery 
are  to  be  addressed  to  the  chancellor : 
and  such  as  relate  to  matters  which 
may  be  heard  by  a  vice-chancellor,  as 
before  stated,  are  to  be  presented  to 
him  and  filed  with  his  clerk.  In  all 
other  cases  they  are  to  be  filed  with 
the  register  or  assistant  register,  who 
are  to  be  clerks  of  the  court  of  chan- 
cery. Subsequent  proceedings  are  to 
be  filed  in  the  same  office  with  the 
bill.  Vice-chancellors  are  to  pro- 
ceed on  the  bills,  &c.,  presented  to 
them,  with  all  the  powers  of  the  court 
of  chancery,  subject  to  appeal.  Or- 
ders and  decrees  are  to  be  entitled  as 
made  before  the  officer,  by  whom  they 
were  in  fact  made,  and  are  to  be  en- 
tered with  his  clerk.  Appeals  from 
interlocutory  orders  of  a  vice-chan- 
cellor are  to  be  made  within  fifteen 
days  after  the  notice  of  the  order, 
and  from  final  decrees,  within  six 
months  after  their  entry  in  the  mi- 
nutes, whether  enrolled  or  not. 

The  chancellor  is  to  prescribe  by 
general  rules,  the  effect  of  orders 
made  by  a  vice-chancellor  before  and 
after  an  appeal ;  when  to  be  suspended 
and  how  affected,  by  an  appeal ;  the 
manner  of  bringing  appeals  before 
him;  the  papers  to  be  transmitted 
and  by  whom.  He  may  annul,  affirm, 
or  modify  the  order,  &c.,  appealed 
from,  or  make  any  other  order,  or  may 
remit  the  cause  back  for  further  pro- 
ceedings, or  may  entertain  them  him- 
self. He  may,  on  the  application  of 
either  party,  direct  a  cause  which  is 
readv  for  a  hearing  beforo  a  vice-chan- 


cellor, to  be  heard  before  himself.  Ap- 
peals to  the  court  of  errors  cannot  be 
made  from  a  vice-chancellor's  order, 
&c.,  until  the  chancellor  shall  have  de- 
cided on  it,  except  those  cases  where 
he  is  a  party.  The  clerks,  on  payment 
of  the  legal  fee,are  to  furnish  solicitors 
with  blank  process  to  appear  and  an- 
swer, and  blank  subpoenas  for  wit- 
nesses, sealed.  Witnesses  may  be 
ordered  to  be  examined  before  a  vice- 
chancellor,  and  when  such  order  is 
made,  they  are  not  to  be  examined 
before  an  examiner  or  upon  a  com- 
mission. The  chancellor  is  to  make 
rules  to  expedite  the  examination  of 
witnesses  and  to  regulate  their  exa- 
mination generally.  Final  decrees 
directing  the  payment  of  money  or 
costs,  are  to  be  docketed  on  the  re- 
quest of  any  party  thereto,  in  the 
same  manner  as  judgments  at  law, 
and  transcripts  are  to  be  sent  to  the 
different  clerks'  offices  of  the  supreme 
court,  to  be  by  them  entered.  Such 
decrees  are  to  be  lien  on  real  estate 
from  the  time  of  docketing  in  chan- 
cery, and  are  to  cease  like  judgments, 
as  to  purchasers  and  creditors  by 
mortgage,  judgment,  or  decree,  after 
ten  years.  The  manner  of  discharg- 
ing such  docket,  is  prescribed ;  and 
upon  being  discharged  the  register  or 
clerk  is  to  transmit  a  note  of  it  to  the 
clerks  of  the  supreme  court. 

When  depositions  or  other  pro- 
ceedings hav«  been  unnecessary  and 
prolix,  no  allowance  is  to  be  made  for 
them  in  the  taxation  of  costa.  Or- 
ders requiring  persons  to  exhibit  de- 
mands and  to  come  in  and  contribute 
to  the  expenses  of  a  suit,  in  order  to 
derive  any  benefit  from  it,  are  to  be 
published  in  the  state  paper  and  in  a 
newspaper  of  the  county  where  the 
demands  are  to  be  exhibited.  Copi- 
ous provisions  are  made  for  reviving 
suits,  on  the  death  of  any  of  the  par- 
ties. 

In  proceedings  against  absent  or 
concealed  defendants,  the  facts  are  to 
be  proved  on  a  reference,  before  a 
master,  and  the  complainant  is  to  be 
examined  as  to  payments  made  to  him. 
Possession  of  the  property  or  specific 


ANN  UAL  REGISTER—  1827-8-9. 


effects  demanded  by  the  bill,  is  not  to 
be  given  without  security  to  abide  the 
order  of  the  court  touching  its  resti- 
tution, in  case  the  defendant  shall 
appear. 

There  are  numerous  and  very  full 
provisions,  regulating  the  issuing  of 
injunctions  to  stay  proceedings  at  law. 
The  general  principle  which  pervades 
them  is,  that  security  is  to  be  given 
by  bond.or  the  deposite  of  money,  to 
indemnify  the  party  who  may  be  en- 
joined. 

Upon  a  bill  for  the  satisfaction  of  a 
mortgage,  where  any  balance  remains 
due  after  a  sale,  which  is  recoverable 
at  law,  the  court  is  to  decree  its  pay- 
ment by  the  mortgagor,  and  to  issue 
the  necessary  executions  for  that  pur- 
pose :  and  if  any  other  person  is  lia- 
ble for  the  mortgage  debt,  he  may  be 
made  a  party  to  the  bill  and  may  be 
compelled  by  decree  and  execution  to 
pay  the  ba  ance  due  after  a  sale.  And 
after  a  bill  is  filed,  no  proceedings 
can  be  had  at  law  for  the  recovery  of 
the  debt,  unless  authorized  by  the 
court  of  chancery.  If  a  judgment  has 
been  had  at  law,  for  the  debt,  no  pro- 
ceedings can  be  had  in  chancery,  until 
an  execution  has  been  returned  unsat- 
isfied in  whole  or  in  part,  and  the  she- 
riff has  returned  that  the  defendant 
has  no  property  other  than  the  mort- 
gaged premises.  The  remaining  part 
of  the  second  title  of  this  chapter 
relates  to  the  proceedings  for  the 
sale  or  other  disposition  of  the  estates 
of  infants,  in  which  there  is  no  new 
provision  of  importance. 

The  third  title  of  chapter  first  of 
the  third  part  relates  to  the  supreme 
court ;  which  is  declared  to  possess 
the  powers  and  authorized  to  exer- 
cise the  jurisdiction  which  belonged 
to  the  supreme  court  of  the  colony  of 
New  York,  with  the  exceptions,  lim- 
itations, and  additions,  created  by  the 
constitution  and  laws  of  the  state. 
There  are  to  be  four  terms,  on  the 
first  Mondays  of  January,  May,  and 
July,  and  the  third  Monday  in  Octo- 
ber ;  the  May  term  to  be  held  in  New 
York,  the  July  term  in  Utica,  and  the 


others  in  Albany.  The  terms  may  be 
continued  five  weeks,  but  in  respect 
to  the  issuing,  teste,  and  return  of  pro- 
cess, (except  subpoenas,  attachments, 
and  writs  of  habeas  corpus,)  each 
term  is  to  be  considered  as  ending  on 
the  second  Saturday.  The  clerks  of 
the  courts  to  appoint  deputies,  who 
may  perform  all  the  duties  appertain- 
ing to  the  office,  during  the  absence 
from  the  county  of  the  clerk,  while  he 
shall  be  incapable  of  performing  his 
official  duties,  and  whenever  his  office 
shall  be  vacant.  The  court  may  by 
general  rules  establish  or  amend  its 
practice,  in  cases  not  provided  for  by 
statutes  :  and  particularly  the  cases  : 
in  which  supreme  court  commission- 
ers may  stay  proceedings  in  causes, 
the  effect  of  such  orders  ;  and  the  terms 
on  which  they  shall  be  granted.  Pow- 
er is  given  to  the  court  to  compel  a 
party  to  produce  books,  papers,  and 
documents  in  his  possession,  relating 
to  the  merits  of  a  suit  ;  by  general 
rules  to  prescribe  the  cases  in  which 
such  discovery  may  be  compelled ;  and 
the  proceedings ;  and  provision  is  made 
for  an  order  for  such  discovery  to  be 
made  by  a  justice  of  the  circuit  court 
or  a  circuit  judge,  and  for  the  revoca- 
tion thereof.  Within  two  years  after 
the  chapter  becomes  a  law,  and  atjthe 
end  of  every  seven  years  thereafter, 
the  judges  are  to  revise  their  rules 
with  a  view  to  improvements  in  the 
practice. 

The  fourth  title  of  this  chapter  treats 
of  circuit  courts  and  sittings,  and 
courts  of  oyer and terminer.  Ifacircuit 
judge  shall  be  incapable,  from  sick- 
ness or  other  cause,  to  hold  a  circuit, 
he  is  to  give  notice  thereof  to  the 
chief  justice,  who,  together  with  the 
other  justices,  is  to  designate  some 
circuit  judge  to  hold  the  court,  and  if 
none  can  hold  it,  it  is  the  duty  of  one 
of  the  justices  of  the  supreme  court 
to  hold  it ;  and  the  expenses  of  any 
judge  in  attending,  holding,  and  re- 
turning from,  any  court,  in  such  case, 
are  to  be  paid  out  of  the  state  treasury. 
Whenever  a  circuit  court  shall  fail, 
the  chief  justice  is  to  appoint  a  time 


I 


NEW  \URR. 


[73 


;>.nu  piace  tor  holdmg  another,  and  to 
apprise  a  justice  of  the  supreme  court 
or  circuit  judge  to  hold  it,  and  to 
cause  notice  of  such  appointment  to 
be  immediately  published.  A  circuit 
judge  may  appoint  a  special  court  of 
oyer  and  terminer  to  be  held  for  any 
county  in  his  circuit,  not  less  than 
thirty  days  from  the  date  of  his  war- 
rant, which  he  is  to  transmit  imme- 
diately to  the  district  attorney. 
Twenty  days  before  the  time  of  hold- 
ing any  oyer  and  terminer,  the  dis- 
trict attorney  is  to  issue  a  precept  to 
the  sheriff,  the  contents  of  which  are 
given.  The  sheriff  is  to  cause  a  pro- 
clamation in  conformity  thereto  to  be 
published,  once  in  each  week,  in  one 
or  more  of  the  newspapers  of  the 
county. 

The  fifth  title  of  this  chapter  re- 
lates to  the  court  of  common  pleas 
and  courts  of  general  sessions. — 
Among  the  powers  of  courts  of  com- 
mon pleas,  is  that  of  granting  new 
trials  without  the  concurrence  of  the 
first  judge,  &c.  Among  those  of  the 
general  sessions,  is  that  of  reviewing 
convictions  of  disorderly  persons  ac- 
tually imprisoned.  Such  courts  may, 
by  an  order  to  be  entered  in  their 
minutes,  send  indictments  triable  be- 
fore them,  which  shall  not  have  been 
determined,  to  the  next  court  of  oyer 
and  terminer  to  be  held  in  their  coun- 
ties. Each  term  of  the  several  courts 
of  common  pleas  and  general  sessions 
may  be  held  until  and  including  the 
second  Saturday  after  its  commence- 
ment ;  but  process  (excepting  sub- 
poenas and  attachments)  cannot  be 
tested  or  made  returnable  in  the  se- 
cond week.  The  court  of  common 
pleas  in  Albany  may  be  held  by  the 
first  judge  alone,  and  it  is  made  his 
special  duty  to  hold  it. ' 

The  sixth  title  of  this  chapter  re- 
lates to  mayors'  courts  in  cities, 
in  which  there  is  no  new  provision. 

The  second  chapter  of  the  third 
part  treats  of  courts  of  peculiar  and 
special  jurisdiction.  The  first  title 
relates  to  surrogates'  courts.  Every 
surrogate  is  to  hold  a  court  for  the 
purposes  particularly  enumerated ; 


VOL.  IIF. 


10* 


among  which  is  the  power  to  take  the 
proof  of  wills  of  real  and  personal 
estate,  in  the  cases  prescribed  by 
law ;  and  of  wills  relating  to  real  es- 
tate within  his  county,  where  the 
testator  shall  have  died  out  of  this 
state,  not  being  an  inhabitant  thereof, 
and  not  leaving  any  assets  therein. 
His  court  is  to  be  open  at  all  times, 
and  particularly  on  Monday  of  each 
week ;  it  is  his  duty  to  attend  at  his 
office  to  execute  the  powers  confer- 
red on  him.  He  has  power  to  issue 
subpoenas ;  and  to  enforce  them  by 
attachment ;  and  in  like  manner  to 
enforce  other  process  issued  by  him, 
and  all  lawful  orders  and  decrees 
against  persons  refusing  to  obey 
them ;  to  exemplify  records,  papers, 
&c.,  which  are  to  be  received  in  evi- 
dence, in  the  same  manner  as  exem- 
plifications of  courts  of  record ;  and 
to  preserve  order  in  his  court,  by 
punishing  contempts.  He  is  to  keep 
six  distinct  books,  in  which  he  is  to 
record  wills ;  letters  of  administration, 
&c. ;  accounts  of  executors  and  ad- 
ministrators ;  minutes  of  order  and 
other  proceedings  in  relation  to  es- 
tates of  deceased  persons ;  the  ap- 
pointment of  guardians  and  their  ac- 
counts ;  and  all  proceedings  in  relation 
to  the  admeasurement  of  dower  ;  and 
to  each  of  them  is  to  be  attached  an 
index.  He  has  power  to  award  costs, 
in  cases  of  contest  before  him.  When 
jurisdiction  over  any  matter  shall 
have  been  acquired  by  a  surrogate, 
by  the  commencement  of  proceedings, 
they  are  to  be  continued  in  the  surro- 
gate's court  of  the  same  county,  and 
it  is  to  be  exclusive  of  all  other  surro- 
gates. A  surrogate  cannot  be  conn, 
sel,  solicitor,  or  attorney,  for  or 
against  any  executor,  administrator, 
guardian,  or  minor,  in  any  civil  action, 
over  whom  or  whose  accounts  he 
could  have  any  jurisdiction  by  law. 
The  second  title  relates  to  courts  of 
special  sessions  of  the  peace,  in  which 
it  is  provided,  that  such  courts  may 
be  held  in  any  county  other  than  New 
York,  by  any  three  justices  of  the 
same  county,  or  by  two  such  justices 
and  one  judge  of  the  county  courts. 


74] 


ANNUAL  REGISTER— 1827-8-9. 


The  third  title  relates  to  special 
justices'  courts,  in  the  several  cities 
in  which  there  is  no  provision. 

The  fourth  title  treats  of  courts  held 
by  justices  of  the  peace.  It  is  divided 
into  thirteen  articles,  in  which  all  the 
statute  law  on  the  subject  is  arranged 
under  distinct  heads.  By  virtue  of 
the  new  provisions  which  are  in- 
troduced justices  may  entertain  suits 
for  penalties  given  by  statute,  not 
exceeding  fifty  dollars,  whether  pro- 
secuted in  the  name  of  the  peo- 
ple or  of  a  public  officer ;  and  may 
issue  attachments  when  the  debt  or 
damages  claimed  shall  not  exceed  one 
hundred  dollars.  Actions  of  covenant 
may  be  maintained,  on  the  condition 
of  a  bond  for  the  payment  of  not  more 
than  fifty  dollars,  although  the  penal- 
ty exceed  that  sum.  If  a  justice,  af- 
ter his  election,  becomes  a  tavern- 
keeper,  he  cannot  have  any  jurisdic- 
tion of  civil  causes,  but  may  issue 
execution  on  judgments  previously 
rendered.  Where  a  summons  has 
been  served  by  leaving  a  copy,  a  war- 
rant must  be  issued  on  the  return  day 
of  the  summons,  (if  the  defendant 
does  not  appear,)  or  the  suit  is  to  be 
deemed  discontinued.  In  all  other 
cases  of  application  for  a  warrant,  ex- 
cept that  last  mentioned,  the  facts 
and  circumstances  to  justify  it  must 
be  stated  in  a  written  affidavit.  War- 
rants are  to  contain  a  clause,  requiring 
the  constable  to  notify  the  plaintiff  of 
an  arrest  having  been  made  pursuant 
to  it.  If  the  justice  issuing  a  warrant, 
be,  at  the  return  of  it,  absent,  or  una- 
ble to  hear  the  cause,  or  it  shall  be 
made  to  appear  to  him  by  the  affida- 
vit of  the  defendant  that  he  is  a  mate- 
rial witness,  the  constable  is  to  take 
the  defendant  before  the  next  justice 
of  the  town,  who  is  to  proceed  with 
the  cause.  Constables  are  required 
to  return  in  writing  the  manner  of  ex- 
ecuting a  warrant,  and  whether  the 
plaintiff  has  been  notified.  A  defen- 
dant arrested  on  a  warrant,  is  to  be 
detained  in  the  custody  of  the  consta- 
ble, until  the  justice  shall  direct  his 
release,  but  is  not  to  be  detained  more 


than  twelve  hours  in  any  case,  unless 
the  trial  of  the  cause  shall  have  been 
commenced,  or  it  shall  have  been  de- 
layed at  his  instance.  Applications 
for  attachments  are  to  be  in  writing : 
the  debt  or  demand  claimed  must  be 
proved  by  the  affidavit  of  the  plain- 
tiff or  his  agent,  stating  the  facts 
and  circumstances  to  justify  the  ap- 
plication, and  they  must  also  be  ve- 
rified by  the  affidavits  of  two  disinter- 
ested witnesses ;  and  the  justice  may 
issue  subpffinas  to  compel  witnesses 
to  testify  on  that  subject.  The  plain- 
tiff is  to  execute  a  bond,  with  surety 
to  be  approved  by  the  justice,  in  the 
penalty  of  two  hundred  dollars,  condi- 
tioned to  pay  all  damages,  if  he  fail 
to  recover  judgment,  and  to  pay  to  the 
defendant  the  surplus  of  all  moneys 
that  shall  be  collected,  above  the  judg- 
ment, interest,  and  costs.  Attach- 
ments are  to  specify  the  amount  of  the 
debts  sworn  to,  and  are  to  command 
the  constable  to  seize  so  much  pro- 
perty as  shall  be  sufficient  to  pay  the 
debt,  &c.  The  constable  is  to  make 
an  inventory  of  the  property  seized, 
and  to  leave  a  copy  of  it  and  the  at- 
tachment at  the  dwelling-house  or 
last  residence  of  the  defendant,  if  he 
had  one  ;  and  if  he  had  none,  with  the 
person  in  whose  custody  the  goods 
seized,  were.  Any  person  claiming 
the  goods  seized,  may  have  them  re- 
turned to  him  at  any  time  before  exe- 
cution issued,  by  executing  a  bond 
with  sureties,  to  be  approved  by  the 
constable  or  justice,  conditioned  that 
he  will  within  three  months  establish 
that  he  was  owner  of  the  goods,  or 
will  pay  the  value  of  the  goods  seized, 
with  interest.  The  constable  is  to 
return  any  bond  taken  by  him,  to  the 
justice,  with  a  copy  of  the  inventory. 
If  the  defendant  satisfies  the  plaintiff 
in  the  attachment,  he  may  maintain  a 
suit  on  the  bond  of  the  claimant,  as 
the  plaintiff  might  have  done  :  and  if 
in  a  suit  on  such  bond  by  the  plaintiff, 
he  recover  more  than  his  judgment, 
interest,  and  costs,  he  is  liable  to  the 
defendant  for  the  surplus.  Process  is 
not  to  issue  for  an  infant,  nor  is  his 


NEW  YORK. 


[75 


cause  to  be  heard,  until  a  next  friend 
"be  appointed,  to  be  named  by  the  in- 
fant,  and  who  is  to  consent  in  wri- 
ting and  be  responsible  for  the  costs 
of  suit.  Guardians  are  in  like  man- 
ner to  be  appointed  for  infant  defen- 
dants, after  the  service  and  return  of 
process  against  them,  and  if  they  do 
not  appear,  or  refuse  to  nominate  a 
guardian,  the  justice  is  to  appoint 
one ;  but  guardians  are  not  to  be  re- 
sponsible for  costs,  and  until  one 
is  appointed,  the  suit  cannot  proeeed. 
Proceedings  cannot  be  had  against  a 
defendant  served  with  a  warrant,  un- 
til he  has  personally  appeared.  The 
constable  who  served  the  original  or 
jury  process,  cannot  appear  for  either 
party  at  the  trial,  but  may  act  as  at- 
torney in  any  other  stage  or  proceed- 
ing in  the  cause.  The  authority  to 
appear  for  another,  must  be  proved  by 
the  oath  of  the  attorney  himself,  or 
other  competent  testimony,  unless  ad- 
mitted by  the  opposite  party.  The  jus- 
tice is  to  wait  one  hour  after  the  return 
of  a  summons  or  attachment,  and  after 
the  time  specified  for  their  return,  un- 
less the  parties  sooner  appear.  Par- 
ties are  to  join  issue  on  their  first  ap- 
pearance, and  before  any  adjourn- 
ment, except  in  case  of  a  warrant 
hereafter  mentioned.  When  the 
pleadings  are  verbal  the  justice  is  to 
enter  their  substance  in  his  docket. 
The  cases  in  which  set-offs  may  be 
made,  the  nature  of  the  demands,  and 
the  extent  to  which  they  are  to  be  al- 
lowed, are  particularly  specified  ;  but 
they  are  too  long  and  minute  for  repe- 
tition here.  The  numerous  decisions 
on  the  subject  are  condensed  and 
classified,  and  the  law  definitively 
settled.  Defendants  are  for  ever  bar- 
red from  recovering  any  demand 
which  might  have  been  set-off,  and  if 
such  demand  consisted  of  a  negotia- 
ble note,  no  person  deriving  title  to  it 
from  or  through  the  defendant,  can 
recover  on  it ;  except  when  the  set- 
off  shall  have  been  fifty  dollars  more 
than  the  plaintiff's  judgment;  or 
where  it  consisted  of  a  judgment  then 
rendered ;  or  where  a  balance  of  more 
than  fifty  dollars  was  found  for  the 


defendant,  he  may  recover  the  part 
not  allowed  him ;  or  where  the  de- 
fendant was  sued  by  attachment  and 
did  not  personally  appear ;  or  claims 
for  unliquidated  damages  which  could 
not  have  been  set-off;  or  claims 
which  were  in  suit,  before  that  in 
which  the  set-off  might  be  made.  In 
these  cases,  the  defendant  may  reco- 
ver, notwithstanding  a  former  suit. 
Upon  a  plea,  or  notice  under  the  ge- 
neral issue,  that  the  title  of  lands  will 
come  in  question,  and  the  execution 
and  delivery  of  a  bond  that  the  de- 
fendant will  appear  to  a  suit  in  the 
common  pleas,  the  action  is  to  be  dis- 
continued, and  each  party  pays  his 
own  costs,  which  may  be  recovered  by 
the  prevailing  party  in  the  common 
pleas.  In  that  court,  if  the  plaintiff 
recovers  at  all,  he  is  to  have  his 
costs ;  but  the  defendant  is  not  to  be 
allowed  costs,  on  a  judgment  in  his 
favour,  (except  one  of  non-suit,  or 
non-pros,)  unless  the  presiding  judge 
certifies  that  the  title  to  lands  did  come 
in  question.  If  the  plea  of  title  before 
the  justice  goes  to  some  of  the  causes 
of  action  only,  the  plaintiff  may  sue 
in  the  common  pleas  for  such  causes, 
and  for  the  other  causes  of  action  the 
justice  may  continue  his  proceedings. 
If  on  the  trial  before  the  justice,  it  ap- 
pear from  the  plaintiff's  own  showing, 
that  the  title  to  lands  is  in  question, 
which  title  is  disputed  by  the  defend- 
ant, the  cause  is  to  be  dismissed,  and 
the  plaintiff  is  to  pay  costs. 

A  justice  cannot,  on  his  own  motion 
only,  adjourn  a  cause  commenced  by 
warrant;  in  a  suit  commenced  by 
summons  or  attachment,  he  can  do  so 
only  on  the  return  of  the  process,  and 
where  issue  is  joined  without  process, 
he  can  do  so  only  at  the  time  of  join- 
ing issue.  Causes  commenced  by 
warrant  at  the  suit  of  a  non-resident 
plaintiff,  are  not  to  he  adjourned  on 
the  application  of  a  defendant ;  unless 
he  swears  that  he  has  a  good  defence, 
and  is  not  ready  to  proceed  to  the 
trial,  and  consents  to  the  examination 
of  any  witness,  that  may  be  then  at- 
tending on  the  part  of  the  plaintiff, 
and  that  his  testimony  be  read  at  the 


ANNUAL  REGISTER— 18^7-8-9. 


trial.  The  first  adjournment  of  any 
cause  commenced  by  warrant  must 
be  to  a  day,  not  less  than  three  nor 
more  than  twelve  days  thereafter. 
[This  would  seem  to  be  confined,  to 
the  case  of  a  warrant  issued  at  the 
suit  of  a  non-resident ;  for  the  next 
section  provides  that  in  all  cases  (oth- 
er than  that)  the  cause  may  be  ad- 
journed not  exceeding  ninety  days,  on 
the  application  of  the  defendant,  upon 
his  making  oath,  and  giving  security, 
if  required.]  If  the  defendant  arrest- 
ed on  a  warrant  procured  an  adjourn- 
ment, he  is  to  remain  in  custody,  un- 
less he  gives  security ;  but  is  to  be 
discharged  when  it  is  procured  by  the 
plaintiff,  or  on  the  consent  of  both 
parties ;  but  such  discharge  does  not 
discontinue  the  proceedings.  A  fur- 
ther adjournment  may  be  obtained  by 
a  defendant  in  all  cases,  upon  proving 
that  he  cannot  safely  proceed  to  trial, 
for  want  of  testimony,  which  he  has 
used  due  diligence  to  procure,  and 
giving  security.  The  security  re- 
quired of  the  defendant  in  all  cases, 
is,  that  he  will  render  himself  upon 
the  execution,  if  one  is  issued,  before 
its  return,  or  that  he  and  his  security 
will  pay  the  money  with  interest.  If 
a  bond  has  been  given  on  an  adjourn- 
ment, it  is  not  necessary  to  give  a  new 
one  on  a  subsequent  application,  un- 
less required  by  the  bail  in  the  prior 
bond,  or  by  the  justice. 

A  justice  may  issue  an  attachment 
against  any  person  duly  subpoenaed  as 
a  witness,  refusing  to  attend,  on  the 
oath  of  the  party,  that  the  testimony 
of  such  witness  is  material ;  which 
attachment  is  to  be  executed  in  the 
same  manner  as  a  warrant,  and  the 
costs  are  to  be  paid  by  the  witness, 
unless  he  excuses  his  default,  in  which 
case  they  are  to  be  paid  by  the 
party. 

Twelve  persons  only  are  to  be  sum- 
moned, from  whom  six  are  to  be 
drawn  to  form  a  jury ;  but  the  parties 
may  agree  on  a  less  number,  when 
the  venire  is  to  direct  the  summoning 
of  double  that  number.  The  consta- 
ble is  not  to  summon  any  person, 
whom  he  has  reason  to  believe  biased, 


or  prejudiced  for  or    against  either 
party  :  he  is  to  annex  a  list  of  the 
persons  summoned  to  the  venire,  and 
return  them.     A  party  in  the  suit,  or 
interested  in  it,  cannot  be  a  witness, 
without  consent,  except  to  prove  the 
loss  of  an  instrument,  or  the  death  of 
a  subscribing  witness  to  it,  or  of  his 
absence  beyond  reach  of  a  subpcena  of 
the  justice.    Objections  to  the  com- 
petency of  a  witness  are  to  be  tried 
and  determined  by  the  justice,  and  the 
witness  may  be  examined  on  oath,  in 
which  case  no  other  testimony  is  to 
be  received  from  either  party  on  the 
subject ;  but  otherwise,  evidence  is  to 
be  given  as  in  other  cases.    The  form 
of  the  oath  to  the  constable  taking 
charge  of  the  jury  is  varied ;  particu- 
larly that  before  they  render  their  ver- 
dict, he  will  not  communicate   the 
state  of  their  deliberations,  or  the 
verdict  they  have  agreed  on.     On  re- 
ceiving the  verdict,  the  justice  is  to 
call  the  plaintiff;  if  he,  or  some  one 
for  him,  do  not  appear,  the  verdict 
cannot  be  received.     When  a  jury 
has  been  out  a  reasonable  time,  and 
the  justice  is  satisfied  that  they  cannot 
agree,  he  may  discharge  them,  and  un- 
less the  parties  consent  that  the  jus- 
tice render  judgment  on  the  evidence 
given,  he  is  to  issue  a  new  venire  re- 
turnable in    forty-eight  hours.      [It 
should  be  observed  that  by  section 
12th  of  title  2d,  chapter  5,  first  part. 
Revised  Statutes,  a  justice  cannot  try 
a  civil  cause,  in  any  other  town,  than 
that  for  whica  he  was  chosen,  except 
in  cases  specially  provided  by  law.] 
No  judgment  can  be  rendered  on  a 
confession,  unless  it  be  in  writing, 
signed  by  the   defendant,  and  filed 
with  the  justice,  nor  unless  the  defen- 
dant personally  appear  before  the  jus- 
tice :  and  if  it  be  for  a  sum  exceeding 
fifty  dollars,  it  must  be  accompanied 
by  affidavit  of  both  parties,  that  the 
defendant  is  honestly  and  justly  in- 
debted in  the  sum  stated,  and  that  the 
confession  is  not  made  with  a  view  to 
defraud    any    creditor :    and    unless 
these  requisites  are  complied  with, 
the   judgment   is    to    be    void,    ex- 
cept  as  to  a   purchaser  of  proper. 


.NEW  YORK. 


ly  under  it,  and  as  to  the  defendant. 
'  Courts  of  common  pleas  have  the 
power  to  inquire  into  the  validity  of 
judgments  by  confession,  which  are 
liens  on  real  estate  ;  and  a  judge  may 
stay  proceedings  on  such  judgment 
until  the  order  of  the  court.  Judg- 
ment of  discontinuance  is  to  be  enter- 
ed,  without  costs  to  either  party,  in  all 
cases,  (except  suits  commenced  by 
warrant,)  when  the  defendant  shall 
make  affidavit  before  issue  joined,  that 
the  justice  is  a  material  witness  for 
iiim.  Judgment  of  non-suit  with 
costs  is  to  be  rendered  against  a 
plaintiff,  if  he  fail  to  appear  on  the  re- 
turn  of  process,  within  one  hour  after 
it  was  returnable,  or  within  one  hour 
after  the  time  to  which  an  adjourn- 
ment shall  have  been  made.  Where 
it  is  found  by  verdict  or  decision  of 
I  he  justice,  (in  cases  where  there  is 
no  jury,)  that  the  plaintiff  has  no 
cause  of  action,  judgment  is  to  be 
rendered  for  defendant,  with  costs. 
Judgments  against  joint  debtors, 
where  one  or  more  are  summoned,  are 
to  be  evidence  as  against  them  only  of 
the  extent  of  the  plaintiffs  demands, 
after  their  liability  shall  have  been 
otherwise  established.  A  justice  is  to 
render  judgment  forthwit h,  when  the 
plaintiff  shall  be  non-suited,  discon- 
tinue, or  withdraw ;  in  all  cases  where 
a  verdict  shall  be  rendered,  and  where 
the  defermant  is  in  custody,  at  the 
hearing  of  the  cause :  in  other  cases  it 
is  to  be  rendered,  within  four  days 
from  the  time  the  cause  was  submit- 
ted to  him.  If  a  balance  is  found  for 
any  party  of  more  than  fifty  dollars, 
he  may  remit  the  excesses  and  take 
judgment  for  the  residue. 

Executions  against  females  are  not 
to  contain  the  clause  commanding  the 
constable  to  take  the  body,  and  they 
are  not  to  be  arrested  or  imprisoned 
on  any  justice's  execution.  When  a 
bond  for  the  payment  of  monthly  in- 
stalments has  been  given,  execution 
is  to  issue  immediately  with  a  direc- 
tion endorsed  to  suspend  the  service, 
as  long  as  the  instalments  shall  be 
paid,  and  in  case  of  failure  then  to 
proceed.  Exomtion  against  a.  defen- 


dant, not  being-  a  freeholder,  nor  an 
inhabitant  having  a  family,  may  be  is- 
sued immediately,  but  the  justice  may 
require  proof  of  the  facts.  Where  a 
party  would  be  entitled  to  an  execu- 
tion upon  proving  the  danger  of  losing 
his  debt  without  it,  such  execution 
may  be  stayed  until  the  regular  time, 
by  the  defendant's  giving  a  bond  for 
the  payment  of  the  debt,  and  leaving 
it  with  the  justice  at  the  time  of  ren- 
dering judgment,  or  before  the  actual 
issuing  of  execution.  Executions  are 
to  issue  immediately  upon  judgments 
for  any  penalty  incurred  under  the  ex- 
cise laws,  or  those  relating  to  fishe- 
ries ;  and  the  cause  of  issuing  them  is 
to  be  endorsed  ;  if  property  cannot  be 
found,  the  defendant  is  to  be  commit- 
ted to  jail,  to  be  there  detained  for 
sixty  days,  (unless  the  judgment  be 
sooner  paid,)  without  being  allowed 
the  liberties  of  the  jail.  Executions 
may  be  issued  on  a  justice's  judg- 
ment, at  anytime  within  two  years 
after  it  was  rendered.  If  a  constable 
does  not  return  an  execution  within 
five  days  after  its  return  day,  he  is  lia- 
ble to  an  action  of  debt,  in  which  the 
amount  of  the  execution  with  inter- 
est, is  to  be  recovered.  An  action  of 
assumpsit  may  be  brought  by  the  par- 
ty entitled  against  a  constable  and  his 
sureties,  upon  the  instrument  given 
by  him  at  his  election,  for  money  col- 
lected and  not  paid  over,  with  inter. 
est,  and  execution  is  to  issue  immedi- 
ately. Executions  cannot  be  issued 
by  the  county  clerk,  until  the  expira- 
tion of  ninety  days  after  the  judgment 
was  rendered  :  which  executions  may 
be  amended  by  the  common  pleas,  and 
controlled  in  all  respects,  as  if  they 
had  been  issued  out  of  that  court. 
The  same  proceedings  may  be  had  to 
compel  their  return,  and  the  payment 
of  money  collected  on  them,  by  rule 
and  attachment.  The  kinds  of  pro- 
perty exempt  from  executions  are 
increased ;  among  them  are  the  tools 
and  implements  of  a  mechanic  neces- 
sary to  carry  on  his  trade,  not  exceed- 
ing twenty-five  dollars  in  value. 

Judgments  rendered  before  a  jus- 
tiro  of  the  peace,  may  be  removed  by 


78J 


ANNUAL  REGISTER— 1827-8-fl. 


certiorari  into  the  common  pleas  of 
the  county,  in  all  cases  where  issue 
was  not  joined  between  the  parties, 
and  where  issue  was  joined,  but  the 
debt  or  damages  recovered,  exclusive 
of  costs,  do  not  exceed  twenty-five 
dollars.  An  affidavit  setting  forth  the 
testimony  and  proceedings  before  the 
justice  and  the  grounds  of  alleging 
error,  is  to  be  presented  within  twen- 
ty days  after  rendering  the  judgment, 
to  the  first  judge,  or  some  other  county 
judge  who  is  a  supreme  court  com- 
missioner, who  may  allow  the  certio- 
rari :  a  bond  is  to  be  executed  to  pay 
the  costs  that  may  be  awarded  on  af- 
firmance, and  to  pay  the  debt,  if  any 
were  recovered,  and  the  judgment  be 
affirmed.  The  bond,  affidavit,  and 
certiorari,  are  to  be  served  within  ten 
days,  on  the  justice,  who  is  to  be  paid 
two  dollars  for  making  a  return. 
Such  service  stays  the  issuing  of  an 
execution,  or  if  one  be  issued  and  not 
collected,  it  stays  its  collection,  upon 
a  certificate  of  the  justice.  Within 
ten  days  after  such  service,  the  jus- 
tice is  to  make  a  return,  answering  to 
all  the  facts  set  forth  in  the  affidavit, 
which  he  is  to  file  with  the  bond,  affi- 
davit, and  certiorari,  in  the  county 
clerk's  office.  These  papers  are  to 
be  brought  into  court :  no  copies  are 
necessary,  nor  is  any  assignment  of 
errors,  but  the  court  is  to  proceed  to 
hear  an  argument  on  the  notice  of  ei- 
ther party.  The  court  is  to  give  judg- 
ment according  to  the  right  of  the 
case,  without  regarding  imperfec- 
tions, &c.,  and  to  give  costs  to  the 
prevailing  party,  among  which  five 
dollars  may  be  allowed  for  arguing  the 
cause,  but  not  more  than  $25  costs  are 
to  be  taxed  in  any  case.  If  the  judg- 
ment be  affirmed  in  part,  the  costs,  or 
such  part  as  the  court  shall  deem  just, 
may  be  awarded  to  either  party.  And 
the  court  may  award  restitution  where 
a  judgment  has  been  collected  and  re- 
versed, upon  an  affidavit  that  it  has 
been  paid. 

Appeals  to  courts  of  common  pleas 
are  confined  to  cases,  where  a  judg- 
ment has  been  recovered  for  more 
than  twenty-five  dollars,  exclusive  of 


costs,  upon  an  issue  of  a  law  joined, 
or  upon  an  issue  of  fact  joined,  whe- 
ther the  defendants  were  present  or 
not.  Within  ten  days  after  the  judg- 
ment was  rendered,  an  affidavit  is  to 
be  presented  to  a  judge  of  the  su- 
preme court,  a  circuit  judge,  a  su- 
preme court  commissioner,  or  to  the 
first  or  senior  judge  of  the  county 
courts,  setting  forth  the  testimony  and 
proceedings,  and  ground  on  which  er- 
ror is  alleged,  or  on  which  a  new 
trial  is  claimed.  An  allowance  of  an 
appeal  is  to  be  endorsed  on  the  affida- 
vit, if  the  judge  is  satisfied  that  error 
affecting  the  merits  has  been  commit- 
ted by  the  justice  or  the  jury ;  or  that 
an  adjournment  could  not  be  procured 
on  account  of  the  absence  of  a  witness 
or  testimony,  to  obtain  which  due  dili- 
gence had  been  used ;  or  that  since 
the  trial  new  testimony  has  been  dis- 
covered on  some  material  point  which 
was  not  argued  at  the  trial ;  and  that 
for  any  of  these  reasons  a  new  trial 
ought  to  be  had.  Within  thirty  days 
after  such  allowance,  it  is  to  be  serv- 
ed on  the  justice,  together  with  the 
affidavit,  and  a  bond,  the  conditions  of 
which  are  particularly  prescribed :  the 
costs  of  the  suit  are  to  be  paid  and  se- 
venty-five cents,  in  addition,  to  the 
justice,  for  making  a  return.  The 
justice  is  to  make  a  return  within  ten 
days,  the  particulars  of  vdiich  are 
enumerated, — which  is  to  be  filed  in 
the  county  clerk's  office,  with  all  the 
papers  in  the  cause,  and  with  the  affi- 
davit allowance  and  bond.  If  the  re- 
turn be  not  made,  on  filing  an  affida- 
vit of  having  complied  with  the  above 
requisitions,  a  rule  may  be  entered  by 
the  appellant,  in  vacation  or  in  term, 
requiring  the  justice  to  make  the  re- 
turn within  ten  days,  or  show  cause 
on  the  first  day  of  the  next  term,  why 
an  attachment  should  not  be  issued 
against  him.  And  a  similar  rale  may 
be  entered  by  the  appellee.  And  the 
court  may  issue  an  attachment  for 
disobeying  such  rules,  and  may  im- 
prison him  until  he  submit,  and  may 
require  him  to  pay  the  costs  of  the 
proceedings.  An  appeal  cannot  be 
dismissed  by  the  court  unless  ther« 


NEW  YORK. 


have  been  previous  notice  for  that 
purpose,  or  a  good  excuse  for  not 
giving  it  to  be  rendered ;  which  notice 
must  specify  the  grounds  of  the  mo- 
tion. And  such  motion  cannot  be 
heard  after  the  first  term,  at  which  it 
should  have  been  made.  An  appeal 
is  not  to  be  discussed  on  account  of 
any  informality  in  the  bond,  if  it  be 
amended  with  the  consent  of  the 
obligors,  or  another  sufficient  bond 
be  filed ;  nor  can  it  be  dismissed  on  the 
ground  that  the  costs,  or  the  justice's 
fee.  have  not  been  paid.  Upon  dis- 
missing an  appeal,  the  court  may 
award  costs  to  the  appellee,  and  en- 
force their  payment  by  rule  and  at- 
tachments. An  appeal  may  be  dis- 
continued by  the  court,  if  it  be  not 
prosecuted  within  the  term  prescribed 
by  its  rules.  Upon  a  copy  of  an  or- 
der of  dismissal  or  discontinuance  be- 
ing served  on  the  justice,  he  is  to 
proceed  in  the  cause ;  but  in  such  case 
an  execution  on  the  judgment  before 
him,  must  be  returned  unsatisfied  in 
whole  or  in  part,  before  a  suit  can  be 
brought  on  the  appeal  bond.  Upon 
an  issue  of  law,  the  common  pleas  is 
to  determine  according  to  the  law  of 
the  case,  and  may  allow  amendments 
to  pleadings  ;  and  require  the  opposite 
party  to  answer  them,  or  join  issue. 
The  same  issue  of  fact  that  was  joined 
before  the  justice,  and  no  other,  is  to 
be  tried  by  a  jury  in  the  common  pleas, 
unless  some  demand  of  the  plaintiff, 
or  some  defence  or  set-off  of  the  de- 
fendant was  overruled  by  the  justice, 
in  which  error  was  committed,  when 
the  court  may  allow  proof  of  such  de- 
mand, &c.,  as  if  issue  had  been  joined 
before  the  justice.  The  cases  in 
which  costs  are  to  be  allowed  to  the 
parties  on  appeal,  are  particularly 
enumerated.  If  one  party  recovers 
any  debt  or  damages,  and  the  other 
party  recover  costs,  the  court  shall 
set-off  the  one  against  the  other,  and 
tender  judgment  for  the  balance.  If 
judgment  be  for  the  appellee,  he  must 
sue  out  execution  thereon  within  thir- 
ty days  after  the  term,  or  the  sureties 
in  the  appeal  bond  will  be  discharged, 
'uid  upon  its  being  returned  unsati«- 


fied  in  whole  or  in  part,  he  may  sue  the 
bond. 

The  additional  fees  allowed,  are,  to 
the  judge,  on  hearing  an  application 
for  a  certiorari  or  allowance  of  an  ap- 
peal, fifty  cents,  whether  granted  or 
not.  A  justice  is  not  to  be  allowed 
for  an  adjournment  on  his  own  mo- 
tion. Three  cents  are  allowed  for 
filing  every  paper  with  a  justice,  ex- 
cept pleading  and  process,  and  he  is 
allowed  25  cents  for  every  judgment. 
A  constable  is  to  have  fifty  cents  for  a 
copy  of  the  attachment  and  inventory 
left  at  the  defendant's  residence,  and 
there  are  some  unimportant  variations 
in  his  poundage.  If  judgment  be  ren- 
dered  by  a  justice  for  a  greater 
amount  of  costs  than  is  allowed  by 
law,  or  for  any  improper  item,  and  it 
be  collected,  it  may  be  recovered  of 
the  party  receiving  it,  with  interest. 

All  process  issued  by  a  justice,  is  to 
be  signed  by  him,  and  may  be  under 
seal,  or  without  seal.  Every  justice  is 
required  to  keep  a  book,  in  which  shall 
be  entered  the  titles  of  all  causes  com- 
menced before  him ;  the  particular 
process  issued,  and  the  time  when ; 
the  time  of  the  parties  appearing  be- 
fore him  on  the  return  of  process,  or 
when  none  was  issued  ;  a  concise 
statement  of  the  pleadings  of  the  par- 
ties when  made  orally,  and  the  issue 
joined;  every  adjournment,  to  what 
time  and  place,  and  on  whose  motion  ; 
the  issuing  a  venire,  at  whose  request, 
and  when  and  where  returnable ;  the 
time  of  the  trial,  the  names  of  the  ju- 
rors who  did  not  appear  and  were 
fined ;  the  names  of  those  who  ap- 
peared, and  of  those  who  were  sworn ; 
the  names  of  the  witnesses  sworn, 
and  for  which  party  ;  the  objections, 
if  any,  to  their  competency,  and  the 
decisions  thereon  ;  the  verdict  of  the 
jury,  and  when  received ;  the  judg- 
ment rendered,  and  when ;  the  time 
of  issuing  the  execution  and  the  name 
of  the  officer  to  whom  delivered  ;  if 
issued  before  the  regular  time,  the  na- 
ture of  the  proof  given  to  warrant  it ; 
the  return  of  an  execution  and  when 
rnade  ;  the  time  of  making  every  re- 
newal of  an  execution :  the 


bOJ 


ANiNLAL  REGISTER— 1827-8-9. 


when  he  furnished  a  transcript  of  the 
judgment  to  be  filed  with  the  county 
clerk ;  the  time  of  the  service  of  a 
certiorari  upon  him ;  the  time  when 
any  appeal  from  the  judgment  is 
made  ;  which  are  to  be  entered  under 
the  title  of  each  cause  to  which  the 
several  items  relate.  Every  justice 
is  also  to  keep  an  alphabetical  index 
of  all  judgments  rendered  by  him,  re- 
ferring to  the  page  of  the  docket 
where  they  may  be  found.  The  jus- 
tice's docket,  or  a  transcript  thereof 
certified  by  him,  shall  be  good  evidence 
in  a  a  suit  before  himself,  of  any  judg- 
ment or  other  procee  ding.  Arid  a  tran- 
script certified  as  required,  is  evi- 
dence in  all  other  cases.  The  proceed- 
ings before  a  justice  may  also  be  prov- 
ed by  his  own  oath.  If  he  be  dead  or 
absent,  they  may  be  proved  by  pro- 
ducing the  original  minutes  in  his 
book,  in  his  own  hand  writing ;  and 
copies  of  such  minutes  proved  to 
have  been  made  in  his  writing, 
which  have  been  compared  by  a  com- 
petent witness,  are  also  evidence. 
Justices  have  power  to  take  affidavits 
when  they  become  necessary  in  pro- 
ceedings before  them.  Provisions  are 
made  requiring  a  justice  removed 
from  office,  or  moving  out  of  his  town, 
to  deposite  his  books  and  papers  with 
the  town  clerk,  with  a  certificate  in 
his  docket  of  the  amounts  due  on  the 
judgments  entered  therein.  In  case 
of  the  death  of  the  justice,  or  his  of- 
fice becoming  vacant,  the  town  clerk 
may  demand  his  official  books  and  pa- 
pers ;  cm  those  in  whose  possession 
they  may  be  ;  and  to  enforce  the  fore- 
going provisions,  the  like  proceedings 
may  be  had  as  are  noticed  in  the  ab- 
stract of  Chap.  5  of  the  1st  part. 
The  entries  in  such  books  are  to  be 
presumptive  evidence.  A  justice  may 
issue  executions  on  judgments  render- 
ed before  the  expiration  of  his  office, 
at  any  time  within  six  months  after 
that  period.  If  a  justice  neglects  or 
refuses,  within  a  reasonable  time  after 
demand  to  pay  over  money  collected 
by  him,  he  is  to  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  is 
to  forfeit  his  office.  A  justice  out  of 


office  is  to  make  return  to  a  certiura- 
ri  or  appeal,  in  the  same  manner  as  if 
he  remained  in  office  ;  and  if  he  be 
dead,  insane,  or  out  of  the  state,  the 
proceedings  before  him  may  be  pro- 
ved by  affidavits,  and  the  court  shall 
proceed,  as  if  they  had  been  returned 
by  him.  And  in  such  cases  the  ap- 
pellant may  file  the  allowance  of  an 
appeal,  the  affidavit,  and  bond,  with 
the  county  clerk,  who  is  to  approve 
the  sureties,  which  are  to  be  as  valid 
as  if  served  on  the  justice.  If  a  jus- 
tice die,  &c.,  before  issuing  execution 
on  a  judgment  rendered  by  him,  an 
action  of  debt  may  be  maintained  on 
it.  The  court  may,  by  mandamus, 
compel  a  justice,  who  has  removed^out 
of  the  county  to  make  return  to  a  cer- 
tiorari or  appeal.  Where  a  justice's 
docket  has  been  lost,  &c.,  other  proof 
of  the  fact  that  a  judgment  was  ren- 
dered may  be  given. 

Three  justices  may  hear  a  complaint 
against  a  constable,  against  whom  and 
his  sureties  a  judgment  has  been  re- 
covered for  money  collected  by  him, 
and  are  to  remove  him  from  office  after 
a  hearing  of  the  parties,  if  the  com- 
plaint be  established,  or  he  neglect  to 
appear.  A  certificate  of  the  removal 
is  to  be  filed  with  the  town  clerk,  who 
is  to  serve  a  copy  of  it  on  the  consta- 
ble, which  is  to  vacate  his  office.  A 
justice  has  power  to  punish  as  for  a 
contempt,  disorderly  or  insolent  be- 
haviour to  him  while  engaged  in  ju- 
dicial proceedings,  which  shall  tend 
to  interrupt  such  proceedings,  or  im- 
pair the  respect  due  to  his  authority  ; 
any  breach  of  the  peace  or  other  dis- 
turbance tending  to  interrupt  his  offi- 
cial proceedings,  or  any  wilful  resis- 
tance in  his  presence,  to  the  execu- 
tion of  any  lawful  order  or  process, 
made  or  issued  by  him.  Person  charg- 
ed with  contempts  are  to  be  heard  be- 
fore conviction,  and  a  warrant  may  be 
issued  for  their  apprehension.  Pun- 
ishments for  contempts  in  the  above 
cases,  may  be  by  fine  not  exceeding 
25  dollars,  or  imprisonment  not  ex- 
ceeding five  days,  or-both  ;  but  the  de- 
fendant is  not  to  remain  imprisoned 
for  the  non-payment  of  the  fine  only, 


NE\V   iORK. 


[81 


more  than  ten  days.  A  record  of  the 
conviction  is  to  be  made  up,  stating 
the  circumstances  and  the  judgment, 
which  is  to  be  filed  with  the  county 
clerk  within  ten  days.  The  warrant 
of  commitment  must  set  forth  the  par- 
ticular  circumstances  of  the  offence, 
or  it  will  be  void.  A  witness  refusing 
to  be  sworn,  or  to  answer  any  perti- 
nent question,  is  to  be  imprisoned,  if 
the  party  calling  upon  him  makes 
oath  that  his  testimony  is  so  far  mate- 
rial, that  without  it  he  cannot  safely 
proceed  in  the  trial  of  the  cause. 
The  warrant  is  to  specify  the  cause 
of  commitment,  and  the  question 
which  the  witness  refused  to  answer, 
if  any,  and  the  witness  is  to  be  close- 
ly confined  until  he  submit  to  answer : 
and  the  cause  is  to  be  adjourned,  if 
the  party  calling  the  witness  require 
it,  from  time  to  time,  until  the  wit- 
ness answer,  or  be  dead  or  insane. 

The  third  chapter  of  the  third  part, 
contains  general  provisions  concern- 
ing courts  of  justice,  and  the  duties, 
&c.,  of  certain  officers.  All  courts 
are  to  be  open  to  the  public.  No  one 
can  sit  as  a  judge  in  a  cause  in  which 
he  is  interested,  or  in  which  he  would 
be  excluded  from  being  a  juror  by  rea- 
son of  affinity ;  nor  can  he  decide  a 
cause  that  was  argued  when  he  was 
not  present,  or  which  had  been  before 
determined  by  him  as  a  judge  of  any 
other  court.  A  judge  cannot  prac- 
tise in  his  own  court,  except  where 
he  is  a  party,  &c.  No  judge  can 
have  a  partner  practising  in  the  court 
of  which  he  is  judge,  or  be  interest- 
ed in  the  costs  of  any  suit  brought  in 
his  court.  No  judicial  officer  can 
take  any  compensation  for  giving  ad- 
vice in  any  matter  pending  before 
him,  or  of  which  he  can  take  cogni- 
zance, or  for  preparing  papers  in  any 
such  matter,  except  where  fees  for  the 
service  are  provided  by  law.  Courts 
cannot  be  opened  or  transact  any  bu- 
siness on  Sunday,  except  to  receive  a 
verdict :  but  single  magistrates  may 
exercise  their  criminal  jurisdiction  in 
cases  provided  by  law.  Proceedings 
are  not  to  be  discontinued  by  the  fail- 
ure of  any  stated  term  of  a  court,  but 
Vot.  III. 


are  to  be  continued  at  the  next  term : 
and  process  may  be  tested  on  the  first 
day  of  the  term,  that  should  have  been 
held.  An  omission  to  adjourn  the 
court  from  day  to  day,  is  not  to  vi- 
tiate any  proceedings.  Courts  may  or- 
der new  seals,  whenever  they  are  in- 
jured or  destroyed.  The  cases  in 
which  courts  of  record  may  punish,  as 
for  criminal  contempts  are  enumera- 
ted. 1st.  Disorderly  behaviour  in  ite 
presence,  tending  to  interrupt  its  pro- 
ceedings, or  impair  the  respect  due  to 
its  authority.  2d.  Any  disturbance 
tending  to  interrupt  its  proceedings. 
3d.  Wilful  disobedience  of  a  lawful 
order  or  process.  5th.  The  unlawful 
refusal  of  a  witness  to  be  sworn  or  to 
answer  a  legal  and  proper  question. 
6th.  The  publication  of  a  false  and 
grossly  inaccurate  report  of  its  pro- 
ceedings, but  not  a  full,  true,  and  fair 
account  of  such  proceedings.  Pun- 
ishments for  contempt  may  be,  by  fine 
not  to  exceed  $250,  or  imprisonment 
not  to  exceed  30  days,  or  both  :  and 
imprisonment  for  non-payment  of  a 
fine,  alone,  is  not  to  exceed  30  days. 
By  a  provision  of  Chap.  1  of  the  4th 
part,  all  such  contempts  are  also  de- 
clared misdemeanour,  punishable  as 
such.  The  warrant  of  commitment 
for  a  contempt,  is  to  set  forth  the  par- 
ticular circumstances  of  the  offence. 

Where  power  is  given  by  a  statute 
to  the  justices  of  the  supreme  court 
and  the  circuit  judges,  of  either  of 
them,  without  naming  supreme  court 
commissioners,  the  latter  shall  not  be 
authorized  to  act.  Such  commis- 
sioners are  prohibited  from  granting 
any  order  to  stay  proceedings  on  a 
capias,  or  on  an  attachment ;  or  upon 
an  execution  against  the  body,  unless 
a  bond  be  given  in  the  latter  case, 
that  the  defendant  shall  be  forthcom- 
ing. After  an  application  for  any 
order  has  been  made  to  a  judge  or 
commissioner,  which  has  beeu  refused 
or  granted  in  part,  or  conditionally, 
a  subsequent  application  in  the  same 
stage  of  the  proceedings  cannot  be 
made  to  any  other  commissioner;  and 
if  made,  and  an  order  be  granted,  it 
is  to  be  revoked,  and  the  party  making 
11* 


82] 


ANNUAL  REGISTER—I 827-8-9. 


it,  is  liable  to  be  punished  for  a  con- 
tempt. A  commissioner  cannot  grant 
an  order  on  the  application  of  an  at- 
torney, counsellor,  or  party  residing 
more  than  forty  miles  from  him,  if 
within  that  distance  there  be  any 
commissioner.  Nor  can  he  grant 
an  order  in  any  case  conducted 
by  his  partner,  if  there  be  a  law- 
partnership.  The  supreme  court 
has  authority,  by  general  rules,  fur- 
ther to  limit  the  powers  of  commis- 
sioners. 

In  addition  to  the  powers  of  com- 
missioners of  deeds,  they  may  take 
the  acknowledgment  of  satisfaction 
of  judgments  in  the  supreme  court 
and  in  the  common  pleas.  Masters 
and  examiners  in  chancery,  may  be 
suspended  from  office  by  the  chancel- 
lor for  misconduct,  who  is  to  report 
the  fact  to  the  governor.  The  pow- 
ers of  notaries  public  are  defined,  and 
the  cases  prescribed  in  which  their 
protests  under  their  official  seals  and 
memorandums  made  by  them,  are  to 
be  received  in  evidence.  For  official 
misconduct  they  are  liable  to  criminal 
prosecution,  as  other  officers. 

Oaths  and  affidavits  in  all  cases  and 
proceedings,  wljere  required  or  autho- 
rized by  law,  (except  on  trials,  oaths 
of  office,  and  where  a  statute  directs 
them  to  be  taken  before  a  particular 
officer,)  may  be  taken  before  any 
judge  cf  any  court  of  record,  supreme 
court  commissioner,  commissioner  of 
deeds,  or  clerk  of  any  court  of  record : 
and  may  be  read  in  any  court  of  law 
or  equity,  or  before  any  officer. 

Provisions  are  made  for  continuing 
special  proceedings  commenced  be- 
fore any  officer,  in  case  of  his  death, 
sickness,  resignation,  removal,  ab- 
sence, or  other  disability.  Clerks  of 
counties,  and  of  all  courts,  are  re- 
quired to  keep  their  offices  open  every 
day  in  the  year,  from  9  o'clock,  A. 
M.  to  12  M.,  and  from  2  to  5  P.  M., 
except  Sundays  and  the  4th  of  July. 
Sheriffs  are  to  keep  an  office  in  the 
village  where  the  county  courts  are 
held,  and  to  be  kept  open  the  same 
hours  as  last  stated ;  and  they  are  to 
filo  a  notice  of  the  place  where  the 


office  is,  with  the  county  clerk.  All  pa- 
pers may  be  served  at  such  office ;  or 
if  they  have  not  filed  anotice,  they  may 
be  left  with  the  county  clerk.  If  a  she- 
riff's office  be  vacant  by  his  death, 
&c.,  assignments  of  bonds  made  to 
him,  may  be  executed  by  his  underl 
sheriff,  or  the  person  acting  for  him. 
Clerks  of  counties  are  to  preserve  in- 
dexes to  the  books  in  which  deeds  or 
mortgages  are  recorded,  or  collectors' 
bonds  are  entered.  The  register  and 
assistant  register  may  appoint  depu- 
ties, who  may  officiate  during  any  va- 
cancy in  the  office,  and  who  may  at- 
tend the  vice  chancellor's  courts. 
Officers  of  courts  of  record,  when 
sued  alone,  are  to  be  exempt  from  ar- 
rest during  the  actual  sitting  of  the 
court  of  which  they  are  officers  ;  but 
attorneys,  counsellors,  and  solicitors, 
are  not  to  be  exempt,  unless  employed 
in  some  cause  pending,  and  then  to  be 
heard  in  such  court.  Spirituous  li- 
quors are  not  to  be  sold  in  any  court 
house,  while  a  court  is  sitting  there ; 
unless  in  such  part  of  the  building  not 
appropriated  to  the  court  or  juries,  as 
the  supervisors  shall  have  aDowed  for 
that  purpose. 

Chapter/owr,  of  the  third  part,  treats 
of  actions  and  the  times  of  commenc- 
ing them.  All  actions  at  law,  and 
suits  in  equity,  are  embraced  in  this 
chapter.  The  limitation  upon  actions 
relating  to  real  estate,  is  the  same, 
twenty  years,  in  all  cases,  whether 
the  suit  be  by  the  people,  or  persons 
claiming  from  them,  or  actions  to  try 
the  right,  or  those  which  are  merely 
possessory.  The  difficult  and  com- 
plicated doctrine  of  adverse  posses- 
sion, Is  settled ;  what  is  to  constitute 
it,  in  the  two  cases  where  it  is  ac- 
companied by  a  claim  of  written  ti- 
tle and  where  it  is  unaccompanied  by 
such  claim  ;  its  duration  and  its  effect. 
The  right  of  any  one  to  the  posses- 
sion of  lands  is  not  to  be  affected  by 
a  descent  being  cast,  by  the  person  in 
possession  dying.  All  actions  of  debt, 
excepting  those  on  the  judgment  of 
some  court  of  record,  are  to  be 
brought  within  six  years  ;  and  within 
the  same  time,  actions  upon  judg- 


\tt\V  YORK. 


183 


ments  or'  courts,  not  being  of  record, 
(such  as  justices,  special  judges' 
courts,  &c.)  also  all  actions  of  tres- 
pass on  land,  or  for  taking  personal 
property,  or  for  any  injury  to  the  per- 
sons or  rights  of  any,  except  for  as- 
sault and  battery  and  false  imprison- 
ment, which  are  to  be  brought  within 
four  years.  All  actions  for  words 
spoken,  including  those  where  special 
damage  has  been  sustained,  are  to  be 
brought  within  two  years.  Actions 
against  sheriffs  and  coroners  for  any 
liability  incurred  by  acts  in  their  offi- 
cial capacity  or  for  any  other  omission 
of  duty,  are  to  be  brought  within  two 
years,  except  for  escapes,  which  must 
be  commenced  within  one  year.  In 
actions  upon  mutual,  open,  and  cur- 
rent accounts,  the  time  of  the  last 
item  proved,  is  to  be  deemed  the  time 
when  the  cause  of  action  accrued. 
None  of  these  provisions  apply  to 
suits  on  evidences  of  debt  issued  by 
moneyed  corporations.  [So  that  as  to 
them  there  is  no  limitation.]  If  a 
person  dies  while  he  has  a  right  to 
bring  an  action,  that  survives  to  his 
representatives,  they  may  prosecute 
after  the  limitation  has  expired,  and 
within  a  year  after  his  death.  If  a 
person  be  out  of  the  state  when  the 
cause  of  action  accrues  against  him, 
the  time  of  such  absence  is  not  to  be 
reckoned  ;  nor  is  it  to  be  estimated 
when  he  departs  from  and  resides  out 
of  the  state,  after  the  cause  of  action 
accrued.  Suits  in  the  name  of  the 
people,  or  to  their  b-snefit,  are  to  be 
brought  within  the  same  time  as  those 
by  individuals.  Actions  commenced 
within  the  prescribed  time,  which 
abate  by  the  death  of  either  party, 
may  be  renewed,  by  or  against  his 
representatives,  within  one  year  after 
such  death.  The  time  during  which 
the  commencement  of  a  suit  shall  be 
stayed  by  an  injunction,  is  not  to  be 
estimated.  Actions  must  be  com- 
menced  by  the  actual  service  of  pro- 
cess, or  by  the  issuing  of  a  capias  to 
the  county  where  the  defendant  re- 
sided  usually,  with  intent  to  be  actu- 
ally served,  and  by  its  being  duly  re- 
turned. And  the  defendant  may 


prove  that  means  were  used  by  the 
plaintiff  or  attorney  to  prevent  the 
service  of  the  writ,  or  to  keep  the  de- 
fendant ignorant  of  its  having  been 
issued,  which  shall  bar  a  recovery. 
No  person  can  avail  himself  of  a  disa- 
bility unless  it  existed  at  the  time  his 
right  of  action  or  of  entry  accrued  ; 
and  if  there  be  two  or  more  disabili- 
ties at  the  same  time,  the  limitation 
is  not  to  attach  until  they  are  all  re- 
moved. The  provisions  of  this  title- 
are  not  to  apply,  when  the  right  of  ac- 
tion has  accrued  before  this  chapte" 
takes  effect. 

The  presumption  of  payment  as  to 
sealed  instruments,  is  to  apply  to  all 
judgments  of  courts  of  record,  render- 
ed before  this  chapter  takes  effect. 
Judgments  of  courts  of  record  hereaf- 
ter rendered,  are  to  be  presumed  paid 
after  twenty  years  ;  but  it  may  be  re- 
butted by  proof  of  payment  of  part,  or 
written  acknowledgment  of  indebted- 
ness. And  the  same  presumption  is 
to  apply  to  sealed  instruments,  but 
may  be  rebutted  in  the  same  manner. 

When  there  is  a  concurrent  remedy 
in  equity,  the  limitation  of  a  cause  of 
action  at  law,  is  to  apply  to  a  suit  in 
equity.  Bills  for  relief  on  the  ground 
of  fraud,  are  to  be  filed  within  six 
years  after  the  discovery  of  the  fraud. 
Bills  for  relief  in  all  other  cases,  in- 
cluding trusts,  are  to  be  filed  within 
ten  years  after  the  cause  of  action  ac- 
crues, and  not  after.  These  limita- 
tions are  subject  to  the  same  excep- 
tions arising  from  disabilities,  as  suits 
at  law. 

Chapter^ve  of  the  third  part,  treats 
of  suits  relating  to  real  estate.  Writs 
of  right,  of  dawer,  of  entry  and  of  as- 
size, fines  and  recoveries,  are  abolish- 
ed. Ejectments  may  be  brought  in 
cases  where  a  writ  of  right  or  of  dow- 
er, would  lie,  as  well  as  to  reco- 
ver the  possession  of  land.  The  use 
of  fictitious  names  is  abolished,  toge- 
ther with  the  statement  of  demises, 
and  consent  rules.  Suits  are  to  be  in 
the  names  of  the  real  parties,  against 
the  actual  occupant,  if  there  be  one, 
or  against  some  one  exercising  acts 
of  ownership  or  claiming  some  inteiv 


S4J 


AX.N  UAL  REGISTER— 1827-8-9. 


«st  in  the  premises.  Tlie  manner  of 
declaring,  and  of  serving  the  declara- 
tion with  notice,  and  the  manner  and 
time  of  pleading  are  particularly  de- 
scribed. Provision  is  made  to  com- 
pel the  attorney,  to  produce  his  au- 
thority for  commencing  the  action. 
Lease,  entry  and  ouster  need  not  be 
proved  or  confessed,  except  in  suits 
between  tenants  in  common,  &c. 
Actual  dispossession,  or  some  act 
amounting  to  a  total  denial  of  the 
right  of  the  co-tenant  must  be  estab- 
lished. The  verdict  is  to  specify  pre- 
cisely for  whom  it  is  found,  against 
whom,  and  for  what  property.  Judg- 
ments upon  verdicts  become  conclu- 
sive in  five  years.  But  one  new  trial 
may  be  granted  of  course,  on  payment 
of  costs,  and  another  when  the  court 
shall  think  the  rights  of  the  parties 
require  it.  And  judgments  by  default, 
are  conclusive  after  three  years ;  but 
within  five  years  the  court  may  grant 
a  new  trial.  Instead  of  an  action  of 
trespass  for  mesne  profits,  an  action 
of  assumpsit  for  use  and  occupation 
is  to  be  brought,  by  way  of  suggestion 
on  the  record  of  judgment  in  eject- 
ment :  in  which  the  plaintiff  is  to  reco- 
ver only  for  the  time  actually  occu- 
pied, and  the  defendant  may  set  off 
permanent  improvements  made  by 
him,  and  he  is  not  to  be  charged  for 
the  use  of  such  improvements.  If  the 
action  be  for  dower,  commissioners 
to  set  off  the  dower  are  to  be  appoint- 
ed, who  are  to  proceed  as  those  ap- 
pointed by  surrogates.  Actions  of 
ejectment  cannot  hereafter  he  main- 
tained by  a  mortgage,  his  assignees 
or  representatives. 
Title  second  provides  the  proceedings 
to  compel  the  determination  of  claims 
to  real  property  in  certain  cases.  The 
ancient  mode  of  barring  claims  to  real 
estate,  by  suffering  a  fine  and  reco- 
very, being  abolished,  this  title  pro- 
vides a  substitute.  Any  person  who 
has  been  in  possession  of  real  estate 
three  years,  may  serve  a  notice  upon 
another  of  full  age,  &c.,  who  is  sup- 
posed to  have  any  claim  to  such  es- 
tnte.  requiring  him  to  appear  in  the 


supreme  court,  and  assert  his  claims, 
or  be  for  ever  barred.  If  the  person 
notified  does  not  choose  to  appear, 
judgment  by  default  goes  against  him, 
with  the  same  effect  as  if  he  had  dis- 
claimed. If  he  appears,  and  disclaims 
all  title  to  the  property,  he  is  to  be 
allowed  his  costs,  and  judgment  passes 
against  him  that  he  be  for  ever  bar- 
red, as  well  as  all  claiming  under  him 
by  title  subsequent  to  the  notice.  Or 
he  may  deny,  that  the  person  giving 
the  notice  has  been  in  possession  three 
years.  If  he  means  to  claim  title,  he  is 
then  to  declare  in  ejectment,  and  the 
same  proceedings  are  to  be  had  as  in 
other  cases.  If  a  non-resident  be  sup- 
posed to  have  any  claim  to  such  estate, 
notice  maybe  served  on  his  agent  here 
under  the  directions  of  the  supreme 
court,  and  the  same  proceedings  are 
to  be  had  as  if  he  were  personally 
served  with  notice. 
The  third  title  relates  to  the  partition 
of  lands.  The  petitioners  and  other 
parties,  must  hold  and  be  in  possession 
of  the  premises.  In  case  of  a  default  of 
defendants,  the  petitioners  are  to  the 
exhibit  proof  of  their  title,  and  an 
abstract  of  the  conveyances  by 
which  it  is  held.  The  proof  may  be 
taken  by  the  court  or  by  the  clerk  on 
a  reference,  and  it  is  to  be  filed  toge- 
ther with  the  abstracts  by  the  clerk. 
When  the  premises  are  ordered  to  be 
sold,  by  reason  of  being  incapable  of 
partition,  they  may  be  sold  on  credit. 
But  before  a  sale  is  ordered,  the  clerk 
is  to  search  for  incumbrances,  and  if 
any  are  found,  sufficient  is  to  be  re- 
tained out  of  the  proportion  of  mo- 
neys belonging  to  the  party  against 
whom  the  incumbrances  exist,  to  dis- 
charge them.  Provision  is  made  for 
giving  notice  to  the  incumbrancers, 
for  determining  their  rights,  and  for 
distribution  among  them.  Persons 
having  an  estate  in  the  premises,  of 
dower,  or  for  life,  may  be  made  par- 
ties, and  their  estate  may  be  sold  un- 
der the  order  of  the  court,  and  they 
are  to  be  paid  the  full  value  of  such 
estate,  or  it,  is  to  be  invested  for  their 
benefit. 


NEW  \ORK. 


iburth  title,  which  relates  to 
the  \vrit  of  nuisance,  retains  that  writ, 
prescribes  its  form,  the  proceeding 
upon  it,  and  the  judgment  that  the 
•.ice  be  removed,  and  that  the 
plaintiff  recover  his  damages. 

The  fifth  title  relates  to  waste,  in 
which  the  form  of  a  summons  is  giv- 
en, and  the  proceedings  on  it.  Judg- 
ments of  partition  may  be  given  on  a 
recovery,  in  which  the  plaintiff  may 
be  compensated  for  his  damage. 

The  purchaser  of  real  property,  who 
ishall   obtain  a  conveyance   under  a 
sheriff's   sale,  may  maintain   waste 
against  any  one,  who  may  have  been 
in  possession  of  the  premises,  for  any 
waste  after  the  sale.     [And  by  a  pro- 
vision of  chapter  6,  of  same  3d  part, 
•such  purchaser  is   deemed  to  have 
jeen  vested  with  the  legal  estate  from 
:he  time  of  the  sale,  for  the  purpose 
if  maintaining  an  action  for  any  inju- 
•y  done  to  the  premises.]     The  acts 
if  the  party  in  possession,  after  sale 
)n  execution,  and  before  a  deed  is 
jivcn,  which   are  not  to   constitute 
vaste,   are   particularly   prescribed ; 
ic  may  use  the  premises  as  before  the 
;ale,  doing  no  permanent  injury  to  the 
ireehold ;  may  repair  buildings,  &c., 
rom  any  wood  or  timber  on  the  land  ; 
ie  may  take  necessary  fire  wood  ;  and 
IB  may  till  the  premises  in  the  ordinary 
ourse  of  husbandry  ;  but  is  not  to  be 
ntitled  to  the  crops  growing  at  the 
ime  a  deed  is  legally  given.    He  may 
e  restrained  from  committing  waste 
y  the  order  of  certain  officers  ;  and 
f  the  order  be  violated,  he  may  be 
notified  to  show  cause  why  he  should 
ot  be  committed;  and  upon  proof  of 
uch  violation  he  may  be  committed 
D  close   confinement  for  not  more 
Iran  one  year.     He  may  be  discharg- 
d ,  on  giving  security  that  he  will  not 
Commit  waste. 

The  sixth  title  relates  to  trespass 
n  land,  in  which  there  is  no  new 
'revision. 

The  seventh  title  contains  general 
•revisions  concerning  actions  relating 
o  real  property.  Such  actions  are 
ot  to  be  suspended  by  reason  of  the 
ofancy  of  any  defendant :  but  guar- 


dians are  to  be  appointed ;  and  the 
same  proceedings  for  that  purpose  are 
to  be  had  as  in  personal  actions. 
When  a  survey  of  any  premises  shall 
be  necessary  to  enable  a  party  to  de- 
clare, plead,  or  prepare  for  trial,  the 
court  may  order  it.  Writs  of  view 
are  abolished  ;  but  a  bill  of  particulars 
may  be  required.  No  imparlance, 
voucher,  aid,  prayer,  or  receipt,  is  to 
be  allowed  ;  but  the  landlord,  and  any 
person  having  any  privity  of  estate  or 
interest  with  the  tenant  or  landlord, 
may  be  admitted  to  defend,  with  or 
without  the  tenant.  Writs  of  inqui- 
ry, to  assess  the  value  of  mesne  pro- 
fits, or  of  the  damages  in  dower  or 
waste,  may  be  executed  at  a  circuit 
court.  The  practice  in  real  actions, 
is  to  be  the  same  as  in  personal  ac- 
tions, unless  otherwise  provided  ;  and 
rules  may  be  entered  in  the  like  man- 
ner. Writs  of  right,  of  dower,  of  as- 
size, fines,  and  recoveries,  and  all 
other  real  actions  not  enumerated  in 
this  chapter,  are  abolished ;  and  all 
process  heretofore  used  in  real  ac- 
tions, which  are  not  specially  retain- 
ed, are  abolished. 

Title  eight  relates  to  the  mode  of 
discovering  the  death  of  persons  on 
whose  lives  estates  depend ;  in  which 
the  new  provisions  are  not  sufficient- 
ly important  for  enumeration  here. 

The  sixth  chapter  of  the  third  part 
relates  to  proceedings  in  personal  ac- 
tions. They  may  be  commenced  as 
at  present,  by  writ,  or  by  serving  a 
declaration  on  a  defendant  personal- 
ly, with  notice  of  a  rule  to  plead.  If 
the  name  of  a  defendant  be  unknown, 
a  writ  may  be  issued  against  him  by  a 
fictitious  name.  If  a  defendant  re- 
fuse to  endorse  his  appearance  on  a 
writ  not  requiring  bail,  the  sheriff 
may  return  it  personally  served,  and 
the  clerk  is  to  enter  his  appearance. 
The  cases  in  which  persons  may  be 
held  to  bail,  are  specified.  The  con- 
dition of  a  bail  bond  is  to  be,  that  the 
defendant  will  appear  in  the  action 
by  putting  in  special  bail  within  twen- 
ty days  after  the  return  day  specified 
in  the  writ,  and  perfecting  such  bail, 
if  required.  An  nttaohment,  mavis- 


$6] 


ANNUAL  REGISTER— 1827-8-y. 


sue  against  a  sheriff  in  vacation,  for 
not  putting  in  special  bail  according 
to  rule  for  that  purpose.  The  mode 
of  proceeding  against  the  sheriff  is 
pointed  out,  to  ascertain  the  extent  of 
his  liability ;  and  if  he  confess  a  judg- 
ment to  the  plaintiff,  time  is  to  be  gi- 
ven him  to  prosecute  his  bail  bond. 
The  sheriff  may  prosecute  the  bail 
bond  to  indemnify  himself,  for  all  dam- 
ages he  may  have  sustained.  The 
sheriff  is  to  return  the  fact,  when  the 
defendant  is  committed  to  prison  for 
want  of  bail.  The  practice  of  filing 
warrants  of  attorney,  except  where  a 
judgment  is  confessed  by  virtue  of 
one,  is  abolished ;  but  the  names  of 
the  attorneys  for  each  party  are  to  be 
stated  in  the  pleadings. 

The  mode  of  declaring  for  money 
received  contrary  to  statute,  as  for 
property  forfeited,  is  prescribed.  If 
there  be  a  special  demurrer  for  an 
imperfection,  which  the  court  would 
amend  on  general  demurrer,  and  judg- 
ment be  given  against  the  party  de- 
murring, it  ie  to  be  absolute,  and  he 
is  not  to  be  permitted  to  plead  any 
other  matter  of  law  or  fact.  Notices 
of  special  matter  in  defence  may  be 
given  under  a  plea  of  nil  debit,  or  un- 
der any  plea  denying  the  execution 
of  the  instrument  on  which  an  action 
of  covenant  is  brought.  All  actions 
against  all  public  officers,  are  to  be 
laid  in  the  county  where  the  act  was 
done,  and  in  all  such  actions  the  ge- 
neral issue  may  be  pleaded  and  the 
special  matter  given  in  evidence, 
without  notice.  The  cases  in  which 
set-offs  may  be  allowed,  the  nature  of 
the  demands,  and  the  extent  to  which 
they  may  be  set-off,  are  particularly 
prescribed.  They  are  too  numerous 
and  technical  to  be  repeated  here; 
the  following,  however,  are  suffi- 
ciently important  to  be  noticed.  If 
an  action  be  brought  on  negotiable 
paper,  by  a  person  to  whom  it  was 
assigned  after  it  was  due,  a  set-off  of 
any  demand  existing  against  any  per- 
son, who  shall  have  assigned  it  after 
it  was  due,  which  could  have  been 
made  against  such  person,  may  be 
made  in  the  action,  to  tho  extent,  of 


the  plaintiff's  debt.  And  in  suits  upon 
contracts  not  negotiable,  demands 
against  the  plaintiff  or  any  assignee 
of  the  contract,  at  the  time  of  its  as- 
signment, acquired  before  notice  of 
the  assignment,  may  be  set-off  to  the 
amount  of  the  plaintiff's  debt.  If  the 
suit  be  brought  in  the  name  of  a  trus- 
tee or  person  having  no  real  interest, 
a  set-off  may  be  allowed  of  any  de- 
mand against  those  beneficially  inter- 
ested, to  the  extent  of  the  plaintiff's 
debt.  To  entitle  to  a  set-off  against 
executors,  &c.,  the  demand  must  have 
belonged  to  the  defendant  at  the  time 
of  the  death  of  the  testator.  A  gene- 
ral replication  of  fraud  may  be  made 
to  any  plea  of  a  discharge  under  an 
insolvent  act,  if  it  be  accompanied 
with  a  notice  of  the  particular  acts  of 
fraud  that  will  be  relied  on.  The 
court  may,  on  special  application,  al- 
low a  plaintiff  to  reply  several  matters 
to  a  plea :  or  a  defendant  to  rejoin  se- 
veral matters  to  a  replication.  If  a 
party  has  appeared  in  an  action  in 
person  or  by  attorney,  he  is  entitled 
to  notice  of  assessment  of  damages 
on  a  default ;  otherwise  not ;  and  the 
notice  is  to  be  for  the  same  time  as 
for  a  trial.  Damages  cannot  be  as- 
sessed in  an  action  upon  the  bond  ta- 
ken on  the  arrest  of  a  defendant,  un- 
til declaration  in  the  original  action  is 
filed. 

A  plaintiff  cannot  be  non-suited  af- 
ter a  verdict  found,  but  judgment  must 
be  rendered  on  the  verdict.  Judg- 
ments are  declared  a  lien,  as  at  pre- 
sent, with  the  addition  of  the  words 
"  real  estate  and  chattels  real,"  which 
the  defendant  may  have.  The  dura- 
tion of  such  lien  is  the  same  as  by  the 
former  law  ;  but  the  time  during  which 
proceedings  on  it  shall  be  prevented 
by  an  injunction  or  writ  of  error,  is  to 
be  exceptcd,  if  within1  ten  years,  the 
party  claiming  the  lien  shall  file  a 
notice  to  that  effect  with  the  clerk ; 
who  is  to  enter  it  in  his  docket,  and 
if  in  the  supreme  court,  transmit  it  to 
the  other  clerks.  Judgments  dock- 
etted  against  a  party  after  his  death, 
are  not  to  bind  his  real  estate,  but  are 
to  be  considered  debts  to  be  naid  in 


ftEW  YORK. 


the  order  of'  administration.  No  pro- 
ceedings  can  be  had  on  any  judgment, 
until  the  record  is  signed  and  filed. 
Transcripts  of  judgments  docketed 
by  a  clerk  of  the  supreme  court,  are 
to  be  sent  to  the  other  clerks,  on  the 
first  and  fifteenth  days  of  every 
month.  A  clerk  neglecting  to  docket 
a  judgment,  or  transmit  a  transcript 
within  three  days  after  the  time  re- 
quired, forfeits  to  the  party  aggrieved 
$250  besides  all  damages.  Recogni- 
zances are  not  to  be  a  lien  on  real  es- 
tate or  other  property ;  but  are  mere 
evidences  of  debt.  Dockets  of  judg- 
ments are  to  be  discharged  by  the 
clerks,  on  receiving  a  satisfaction  ac- 
knowledged by  the  party  in  whose  fa- 
vour it  is,  or  his  executors,  &c.,  be- 
fore a  judge  or  commissioner  of  deeds, 
who  shall  certify  that  the  party  ma- 
king the  acknowledgment  was  known 
to  him,  or  was  made  known  by  com- 
petent proof.  The  attorney  on  the 
record  may  acknowledge  satisfaction 
within  two  years  after  filing  the  jndg- 
ment  record  ;  but  it  is  not,  to  be  con- 
clusive in  favour  of  any  person,  who 
shall  have  had  actual  notice  of  the 
revocation  of  the  power  of  such  attor- 
ney. The  plaintiff  or  attorney  re- 
ceiving the  amount  of  a  judgment,  is 
bound  to  acknowledge  satisfaction  of 
it,  on  the  fee  being  paid.  The  clerk 
is  to  enter  on  the  docket,  the  return 
by  the  sheriff  upon  an  execution,  of 
the  amount  collected  by  him,  and  the 
judgment  is  to  be  deemed  satisfied  to 
the  amount  so  returned,  unless  the  re- 
turn be  vacated  by  the  court.  Upon 
a  judgment  in  the  supreme  court  be- 
ing discharged,  the  clerk  is  to  transmit 
to  the  other  clerks  a  minute  thereof,  to 
be  entered  by  them  in  their  respective 
dockets. 

In  connexion  with  this  subject,  it 
is  proper  to  state,  that  in  title  17  of 
chapter  8  of  the  3d  part,  are  provi- 
sions requiring  the  clerk  of  the  su- 
preme court  in  New  York,  at  the  pub- 
lic expense,  to  procure  by  the  1st  of 
July,  1830,  from  the  clerk  of  the 
southern  district  of  New  York,  a  cer- 
tified copy  of  the  dockets  of  all  judg- 


ments rendered  in  the  United  States' 
courts  in  that  district,  since  the  1st 
of  January,  1830.  The  clerk  at  Utica 
is  in  like  manner  to  obtain  a  copy  of 
the  dockets  of  judgments  rendered  in 
the  United  States'  courts  for  the 
northern  district.  These  dockets  are 
to  be  entered  with  their  dockets  of 
judgments  in  the  supreme  court  and 
to  be  transmitted  to  the  other  clerks, 
to  be  entered  by  them.  The  clerks 
are  entitled  to  the  same  fees  for 
searching  these  dockets,  as  those  in 
the  supreme  court.  [As  judgments 
in  the  United  States'  courts  are  liens 
equally  with  those  in  our  state  courts, 
the  object  of  these  provisions,  is  to 
place  within  the  reach  of  our  citizens 
the  means  of  ascertaining  their  exis- 
tence.] 

The  fifth  title  treats  of  executions, 
and  the  duties  of  officers  thereon. 
Exections  may  issue  within  two  years 
after  filing  the  record  of  judgment. 
They  are  not  to  issue  against  execu- 
tors, heirs,  devisees,  &c.,  except  in 
the  cases  specially  provided.  And 
when  a  bail  bond  has  been  assigned  to 
the  plaintiff,  as  well  as  when  special 
bail  has  been  filed,  an  execution 
against  property  must  be  issued  before 
one  can  be  sued  out  against  the  body, 
unless  the  defendant  shall  be  impri- 
soned, or  shall  have  been  surrendered 
by  his  bail.  Executions  of  the  same 
kind,  may  be  issued  at  the  same  time 
to  sheriffs  of  different  counties. 
When  a  judgment  is  obtained  in  a 
court  of  record  against  a  sheriff,  the 
execution  may  issue  to  any  person  not 
a  party  in  interest,  who  shall  be  desig- 
nated by  the  court  in  term,  or  a  judge 
thereof  in  vacation,  and  such  person 
is  to  be  deemed  a  coroner  of  the  coun- 
ty, and  subject  to  the  same  liabilities. 

A  levy  and  sale  made  under  an  ex- 
ecution against  property,  gives  it  a 
preference  to  the  one  previously  is- 
sued, unless  a  levy  shall  have  been 
made  under  it;  in  all  other  cases  the 
execution  first  delivered  is  to  have 
preference,  notwithstanding  a  levy 
under  another ;  and  the  same  rule  is 
to  apply  to  attachments  against  pro- 


AM  N  UAL  REGISTER— 


perty.  But  an  execution  or  an  at- 
tachment, issued  by  a  justice  or  court, 
not  of  record,  if  actually  levied,  has 
preference  over  any  other  execution 
out  of  any  court,  which  shall  not  have 
been  previously  levied,  although  the 
latter  may  have  been  first  issued. 
This  is  contrary  to  the  former  law, 
and  is  important.  The  title  of  a  pur- 
chaser of  goods  or  chattels,  acquired 
befor  the  actual  levy  of  an  execution 
without  notice  of  its  having  been  is- 
sued, is  not  to  be  divested,  although 
such  execution  was  delivered  before 
such  purchase.  This  is  also  contrary 
to  the  former  law.  A  levy  may  be 
made  on  current  gold  and  silver  coin, 
which  may  be  returned  as  so  much 
money  collected,  and  bank  bills,  &c., 
may  be  levied  upon  and  sold.  The  in- 
terest of  the  pawner  in  goods  and 
chattels  pledged,  may  be  levied  on 
and  sold,  and  the  purchaser  acquires 
the  interest  of  the  owner.  There  are 
some  additions  to  the  property  ex- 
empt from  sale  by  execution,  among 
which  are  all  nesessary  pork,  beef, 
fish,  flour,  and  vegetables,  actually 
provided  for  family  use,  and  necessa- 
ry fuel  for  the  use  of  a  family  sixty 
days,  and  the  tools  and  implements  of 
a  mechanic  necessary  to  his  trade,  not 
exceeding  twenty-five  dollars  in  value. 
Personal  property  is  not  to  be  expo- 
sed for  sale,  unless  it  be  in  view  of 
those  attending.  If  execution  be  is- 
sued on  a  judgment  recovered  for  a 
debt  secured  by  mortgage  of  real 
estate,  it  will  not  authorize  a  sale  or 
the  equity  of  redemption  of  the  mort- 
gagor in  such  real  estate  ;  and  in  such 
case,  a  description  of  the  premises 
mortgaged,  and  a  reference  to  the  re- 
cord of  the  mortgage,  is  to  be  endors- 
ed on  the  execution,  with  directions  to 
the  sheriff  not  to  sell  such  premises. 
In  addition  to  the  former  provisions 
respecting  the  posting  of  notices  of 
the  sale  of  real  estate,  they  are  requi- 
red to  be  fastened  up  in  three  public 
places  of  the  town  in  which  the  premi- 
ses are  situated.  Separate  lots,  tracts, 
or  parcels,  are  to  be  separately  ex- 
posed for  sale ;  and  any  portion  of  a 
Tot,  &c.,  is  to  be  exposed  for  sale  se- 


parately, if  required  by  the  ovvusa,  ur 
any  one  entitled  to  redeem  such  por- 
tion. No  more  land  is  to  be  exposed 
for  sale,  than  shall  appear  necessary 
to  satisfy  the  execution.  The  officer 
to  whom  an  execution  is  directed,  and 
the  deputy  holding  the  execution,  and 
conducting  the  sale,  cannot  purchase 
any  property  at  such  sale.  Certifi- 
cates of  sale  are  to  be  delivered  to 
each  purchaser  of  real  property,  and 
the  price  bid  for  each  distinct  lot  or 
parcel,  is  to  be  specified ;  and  upon 
being  proved  or  acknowledged,  like 
deeds,  they  may  be  read  in  evidence. 
The  provisions  respecting  the  re- 
demption of  real  estate  sold  under 
execution,  by  the  defendant,  his  devi- 
see, heir,  or  grantee,  who  shall  have 
acquired  an  absolute  title  by  anj 
means,  to  any  lot,  tract,  or  parcel 
which  shall  have  been  separately 
sold,  are  very  full  and  minute.  Amon£ 
them,  the  most  important  generally, 
are  the  following :  a  person  having  ti- 
tle to  a  portion  of  a  lot,  &c.,  raay 
deem  the  whole  lot,  and  may  enforce 
contribution  from  the  owners  of  the 
other  portions.  The  owner  of  an  undi- 
vided share  may  redeem  it.  Creditors 
having  liens  on  a  separate  lot,  which 
was  separately  sold,  may  acquire  the  ti- 
tle of  the  purchaser,  by  paying  the  bid 
for  such  lot,  with  interest ;  if  the  lien 
be  on  a  portion  of  such  lot,  the  credi- 
tor may  purchase  the  whole  lot ;  and 
if  it  be  a  lien  OH  an  undivided  share, 
he  may  purchase  such  share.  The 
original  purchaser  at  the  sheriff's 
sale  may  avail  himself  of  a  decree  or 
judgment,  in  the  same  manner  as  oth- 
er creditors,  to  acquire  a  title.  And 
the  plaintiff  in  the  execution,  may,  in 
like  manner,  avail  himself  of  any 
judgment  or  decree  that  he  has  :  but 
he  cannot  use  the  decree  or  judgment 
on  which  the  execution  issued,  for 
such  purpose.  To  entitle  a  creditor 
to  acquire  the  interest  purchased  un- 
der an  execution,  he  must  leave  with 
the  officer  who  made  the  sale,  or  with 
the  purchaser,  er  creditor  who  made 
the  sale,  or  with  the  purchaser,  or 
creditor  whose  title  he  seeks  to  ob- 
tain :  let.  a  copy  of  the  judgment  o^ 


NEW  YORK. 


decree  duly  certified,  under  which  he 
claims;  2d,  a  copy  of  all  assignments 
of  the  judgment  or  decree,  proved  by 
his  own  affidavit,  or  that  of  the  wit- 
ness to  the  assignment ;  3d,  an  affida- 
vit by  the  creditor,  his  agent,  or  at- 
torney, of  the  sum  due  him  on  the 
judgment  or  decree.  Although  the  title 
of  a  defendant  to  real  estate  sold,  is 
not  divested  until  after  fifteen  months 
from  the  time  of  sale  ;  yet  if  it  be  not 
redeemed,  and  a  deed  be  executed,  the 
grantee  in  such  deed  is  to  be  deem- 
ed vested  with  the  legal  estate,  from 
the  time  of  the  sale,  so  as  to  maintain 
an  action  for  any  injury  to  the  land 
sold.  In  case  of  the  death  or  remo- 
val from  office,  of  a  sheriff,  after  a  sale, 
and  before  executing  a  deed,  it  is  to 
be  executed  by  his  under-sheriff,  and 
if  there  be  none,  the  court  from  which 
the  execution  issued,  may  appoint  a 
proper  person  to  complete  an  execu- 
tion where  the  sheriff  dies,  or  is  re- 
moved before  it  is  satisfied,  and  there 
is  no  under-sheriff.  Money  required 
to  be  paid  on  the  redemption  of  real 
estate,  or  to  acquire  the  title  of  the 
purchaser,  may  be  paid  to  the  clerk 
of  the  county,  or  to  the  under-sheriff, 
when  the  sheriff  is  dead  or  removed 
from  office. 

If  a  purchaser  of  estate  under  exe- 
cution be  evicted,  or  if  he  fail  in  an 
action  to  recover  it,  by  reason  of  any 
irregularity  in  the  sale,  or  of  the  judg- 
ments being  vacated  or  reversed,  he 
may  recover  of  the  party  for  whose 
benefit  the  sale  was  made,  the  amount 
paid  with  interest.  And  such  party 
may  have  further  execution  upon  his 
judgment,  which  is  to  be  deemed 
valid  for  that  purpose,  but  not  as 
against  intermediate  purchasers  or  in- 
cumbrancers.  Where  lands  in  the 
hands  of  several  persons  shall  be  lia- 
ble to  a  judgment,  and  more  than  a 
due  proportion  is  levied  on  the  lands 
of  any  one,  he  may  compel  a  contri- 
bution by  the  others.  The  order  of 
such  contribution,  and  the  mode  of  en- 
forcing it  by  a  bill  in  equity,  are  fully 
prescribed. 

The  sixth  title  of  chapter  sixth. 


contains  provisions,  concerning  cer- 
tain proceedings  in  the  progress  of  an 
action  at  law.  With  respect  to  joint 
debtors,  judgment  may  be  rendered 
against  all,  upon  process  being  served 
on  either,  which  is  to  be  conclu- 
sive against  the  defendant  served,  or 
who  appeared  in  the  suit ;  but  is  to 
be  evidence  against  the  other  defend- 
ant, only  of  the  extent  of  the  plain- 
tiff^ demands,  after  the  liability  of 
such  defendant  shall  have  been  other- 
wise established.  An  endorsement  is 
to  be  made  on  the  execution  in  such 
case,  specifying  the  names  of  such 
defendants  as  were  not  served  with 
process ;  and  neither  the  persons  of 
such  defendants,  nor  their  sole  pro- 
perty, is  to  be  affected ;  but  any  pro- 
perty owned  in  partnership  with  the 
defendants  taken,  or  with  any  of  them, 
may  be  levied  on.  The  fourteenth 
section  of  the  act  for  the  amendment 
of  the  law  which  gives  a  peculiar 
remedy  in  cases  of  joint  and  several 
obligations,  is  abolished,  and  they 
stand  on  the  same  footing  as  other 
joint  and  several  contracts,  at  the 
common  law.  There  are  some  new 
provisions  respecting  proceedings  on 
bonds  for  the  performance  of  cove- 
nants. In  every  action  on  a  bond  for 
the  breach  of  a  condition,  other  than 
the  payment  of  money,  and  in  every 
action  for  a  penal  sum  for  the  non- 
performance  of  a  written  agreement ; 
the  plaintiff  is  required  to  assign  in 
his  declaration  tiie  specific  breaches 
for  which  the  action  is  brought.  In 
case  of  recovery,  judgment  is  to  be 
entered  for  the  final  sum  forfeited, 
with  costs;  and  that  the  plaintiff 
have  execution  for  the  amonnt  of  the 
damages  assessed  by  the  jury,  whose 
verdict  is  required  to  be  entered  on  the 
record.  Upon  satisfaction  of  the 
amount  of  such  damages,  the  defend- 
ant and  his  property  are  to  be  exone- 
rated from  any  further  liability  there- 
for. If  the  jury  find  that  any  as. 
signment  of  breaches  is  not  true, 
their  verdict  is  a  bar  to  any  other  de- 
mand, for  damages  by  occasion  of  the 
pa  me  breaches. 


90J 


ANNUAL  REGISTER— 1827-8-9. 


In  regard  to  special  bail,  the  mode 
of  proceeding  to  make  a  surrender  of 
their  principal,  in  their  discharge,  is 
prescribed.  It  is  essentially  like  that 
formerly  practised.  When  a  bail  bond 
is  taken  on  the  arrest  of  a  defendant, 
he  may  surrender  himself,  or  may  be 
surrendered  by  his  bail,  in  their  exo- 
neration, in  the  same  mode  as  required 
in  case  of  special  bail ;  except  that 
copies  of  the  bail  bond,  proved  by  the 
affidavit  of  the  sheriff,  or  of  a  subscrib- 
ing witness,  are  to  be  used  instead  of 
copies  of  the  bail  piece.  If  bail  are 
sued,  they  may  plead  and  show  in  their 
defence,  that  an  execution  against  the 
property  of  their  principal  has  not 
been  issued,  or  that  none  has  issued 
against  his  body,  or  not  in  due  time, 
or  that  any  fraudulent  or  collusive 
means  were  used  to  prevent  its  service. 
The  courts  are  to  relieve  bail  when 
their  principal  dies,  after  the  return  of 
an  execution  against  his  body,  and  be- 
fore eight  days  have  expired,  after  the 
return  of  process  served  on  him. — 
Writs  of  scire  facias  against  bail, 
must  be  served  on  them  personally. 

There  are  some  new  provisions 
concerning  the  reference  of  causes. 
The  judge  holding  a  circuit  court,  may 
by  rule,  order  any  cause  noticed  for 
trial  at  such  circuit,  to  be  referred  in 
the  same  manner,  and  in  the  same  ca- 
ses in  which  the  supreme  court  could 
make  such  order.  Any  referee  may 
administer  the  necessary  oath  to  wit- 
nesses produced  for  examination.  All 
the  referees  must  meet  together  and 
hear  proofs,  &c.,  of  the  parties ;  but 
any  two  may  make  a  report.  The 
referees  may  be  compelled  by  rule  of 
court,  to  proceed  to  a  hearing,  and 
report  the  balance  they  find,  and  their 
decisions  on  any  point  before  them, 
together  with  the  testimony,  and 
their  reasons  for  allowing,  or  disallow- 
ing, any  claims  of  either  party.  Ac- 
tions of  account  are  to  be  referred  to 
referees,  who  are  to  have  all  the  pow- 
ers of  auditors. 

The  seventh  chapter  of  the  third 
part,  contains  "  miscellaneous  provi- 
sions of  a  general  nature,  applicable 
to  proceedings  in  civil  cases."  In 


respect  to  the  abatement  of  suits  by 
death,  marriage,  or  otherwise,  it  is 
provided  that  a  verdict  rendered 
against  a  party  who  shall  be  then 
dead,  shall  be  absolutely  void,  and  no 
judgment  can  be  entered  on  it.  Pro- 
ceedings in  partition  do  not  abate  by 
the  death  of  any  of  the  parties.  In 
case  of  the  marriage  of  a  female  plain- 
tiff, in  any  stage  of  the  cause,  a  sug- 
gestion of  the  fact  is  to  be  made  on 
the  record,  on  the  order  of  judge,  on 
his  own  application,  or  that  of  the 
plaintiff,  but  in  the  latter  case,  he  has 
the  same  right  to  contest  the  fact  of 
marriage,  as  if  the  suit  had  been  ori- 
ginally brought  against  him.  Suits 
brought  by  or  in  the  name  of  a  public 
officer,  or  of  a  trustee  appointed  by 
virtue  of  any  statute,  are  not  to  abate 
by  the  death  or  removal  of  the  plain- 
tiff, but  are  to  be  continued  by  his  suc- 
cessor, who  shall  be  substituted  for 
that  purpose  by  the  court. 

Causes  in  courts  of  common  pleas, 
are  to  be  removed  by  certiorari,  and 
the  writ  of  habeas  corpus  for  that  pur- 
pose is  abolished.  The  certiorari  is 
to  be  allowed  by  a  judge  of  the  su- 
preme court,  or  some  officer  author- 
ized to  perform  the  duties  of  such 
judge  in  vacation,  upon  the  applica- 
tion of  all  the  defendants  who  shall 
have  appeared  in  the  action,  and  on 
affidavit  specifying  the  nature  and 
amount  of  the  plaintiff's  demand. 
The  writ  will  not  be  effectual,  unless 
before  filing  it  the  defendants  shall 
have  appeared  in  the  court  below,  by 
filing  and  perfecting  special  bail,  if  it 
be  required.  If  allowed  in  an  action 
in  which  an  issue  of  fact  has  been 
joined,  it  must  be  filed  with  the  clerk 
of  the  court,  at  least  eight  days  before 
the  term  at  which  the  cause  might  be 
tried :  and  if  not  so  filed  it  is  not  to 
have  any  effect  unless  the  plaintiff's 
costs  of  preparing  for  trial,  shall  be 
paid,  if  the  cause  was  noticed  for  trial. 
Notice  of  filing  the  writ  is  to  be  given 
to  the  plaintiff.  The  clerk  is  to  return 
the  writ  with  a  copy  of  all  the  plead- 
ings and  proceedings,  and  the  cause  is 
to  proceed  in  the  supreme  court,  as  if 
it  had  commenced  there ;  the  bail  are 


NEW  YORK. 


to  be  liable  in  the  same  manner,  and 
evidence  taken  in  the  court  below,  is 
to  be  used  in  the  supreme  court,  with 
the  same  effect  as  in  the  court  where 
it  was  taken. 

Proceedings  before  justices  of  the 
peace,  or  any  court  of  general  sessions, 
in  relation  to  apprentices,  or  any  other 
matter  which  may  be  brought  before 
such  court  on  appeal  from  a  justice  or 
justices,  cannot  be  removed  by  cer- 
tiorari,  or  otherwise,  into  the  supreme 
court,  until  after  a  final  determination 
by  the  inferior  tribunal.  And  no  cer- 
tiorari  or  other  writ  or  proceeding, 
can  remove  into  the  supreme  court, 
any  cause,  or  matter,  which  may  be 
brought  before  a  court  of  common 
pleas,  or  before  the  county  judges,  by 
appeal  from  a  justice,  or  justices,  or 
from  commissioners  of  highways,  or 
from  any  other  officer,  until  after  a 
final  determination  thereon  by  such 
court  or  such  judges. 

The  third  title  is  entitled  "  of  evi- 
dence." Where  a  suit  has  been  coi*. 
menced  by  the  service  of  process,  w 
the  defendant  shall  have  appeared, 
either  party  may  have  the  testimony 
of  any  witness  taken  conditionally,  by 
applying  to  a  judge  of  the  court  upon 
an  affidavit  setting  forth  the  circum- 
stances. Notice  is  to  be  given  to  the 
adverse  party,  who  may  attend  the  ex- 
amination of  the  witnesses.  The  de- 
position is  to  contain  every  answer 
which  either  party  may  require  to  be 
inserted,  and  is  to  be  filed  with  the 
clerk  of  the  court  in  ten  days.  It 
may  be  given  in  evidence,  on  the 
proof  of  the  death,  insanity,  sickness, 
or  settled  infirmity  of  the  witnesses, 
or  of  his  continued  absence  out  of  the 
state.  Its  reading  in  evidence  may  be 
prevented  by  proof  that  sufficient  no- 
tice was  not  given  to  attend  the  ex- 
amination, or  that  the  examination 
was  not  fair,  or  conducted  as  required 
by  law.  The  deposition,  when  read, 
is  to  have  the  ssme  and  no  other  effect, 
than  if  the  witness  was  personally  ex- 
amined, and  all  exceptions  to  its  com- 
petency, or  relevancy,  are  reserved. 

Commissions  to  take  the  testimony 
if  witnesses  out  of  the  state,  mav  be 


issued  on  the  order  or'  a  justice  of  the 
supreme  court,  or  of  a  circuit  judge, 
upon  notice  of  the  application,  in  the 
same  cases  and  upon  the  like  terms 
that  the  supreme  court  would  award 
them.  The  manner  of  executing 
commissions,  is  particularly  prescri- 
bed, and  it  is  directed  that  a  copy  of 
the  section  (J  16  of  title  3)  shall  be 
annexed  to  every  commission.  The 
return  is  to  be  filed  in  the  office  of  a 
clerk  of  the  court,  or  if  made  in  the 
supreme  court,  it  is  to  be  filed  with 
the  clerk  of  the  county  where  the 
venue  is  laid.  The  original,  or  an 
exemplification,  if  the  original  be  not 
filed  in  the  county,  may  be  read  in 
evidence,  subject  to  the  same  objec- 
tions that  might  be  made  to  the  testi- 
mony of  the  witness  if  he  were  exam- 
ined orally.  Commissioners  may  also 
issue  when  interlocutory  judgment 
has  been  obtained  in  a  cause. 

Where  an  affidavit  taken  abroad 
may  by  law  be  received  in  this  state, 
it  must  be  authenticated  by  the  certi- 
ficate of  a  judge  of  some  court  having 
a  seal,  and  his  signature,  official  cha- 
racter, and  the  existence  of  the  court, 
must  be  certified  by  its  clerk  wader 
its  seal.  Records  and  proceedings 
of  courts  in  foreign  countries  are  to 
be  authenticated  by  the  attestation  of 
the  clerk  of  the  court  under  its  seal, 
with  a  certificate  of  the  presiding 
judge,  to  the  official  character  of  the 
clerk  and  the  genuineness  of  his  sig- 
nature, and  by  a  certificate  of  the  of- 
ficer of  the  government,  having  the 
custody  of  its  great  or  principal  seal, 
purporting  that  the  court  is  duly  con- 
stituted, stating  the  nature  of  its  juris- 
diction generally,  and  verifying  the 
signatures  of  the  clerk  and  presiding 
judge.  And  copies  of  records  and 
proceedings  of  foreign  courts  may  be 
received  in  evidence,  on  proof  of  their 
having  been  compared  with  the  ori- 
ginals, that  the  original  was  in  the  cus- 
tody of  an  officer  legally  having  charge 
of  it,  and  that  the  copy  is  attested  by 
a  seal,  proved  to  be  the  seal  of  the 
court.  These  provisions  are  not  to 
preclude  any  other  mode  of  proof  al- 
lowed bv  the  common  tow.  nor  aro 


AiNiN  UAL  REGISTER— 1827-8-9. 


they  to  be  construed  as  declaring  the 
effect  of  any  proceeding  authenticated 
as  therein  prescribed. 

Provision  is  made  for  compelling 
witnesses  in  this  state,  whose  testi- 
mony is  required  in  other  states,  to 
appear  and  be  examined  for  that  pur- 
pose. The  former  law,  providing 
means  to  perpetuate  the  testimony  of 
witnesses,  in  actions  relating  to  real 
estate,  is  extended  to  all  cases  where 
suits  of  any  description  are  pending, 
or  are  expected  to  be  commenced ; 
in  the  latter  case,  the  adverse  party 
must  reside  within  this  state,  and  be 
of  full  age.  There  is  no  substantial 
variation  from  the  old  law  in  the  mode 
of  proceeding. 

To  render  the  service  of  a  subpoena 
effectual,  the  original  must  be  shown  to 
the  witness,  and  a  copy,  or  a  ticket  con- 
taining its  substance,  must  be  delivered 
to  him ;  and  his  fees  for  travelling  to, 
returning  from,  and  attending  one 
day  at,  the  place  designated,  must  be 
paid  or  tendered.  A  summons  issued 
by  a  judge,  is  to  be  served  in  the  same 
manner,  and  upon  neglect  to  obey  it, 
the  judge  is  to  issue  a  warrant  to 
apprehend  the  witness.  If  a  witness 
shalrrefuse  to  answer  legal  and  perti- 
nent questions,  or  to  subscribe  his  de- 
position, he  is  to  be  committed  to  jail 
until  he  answer,  by  a  warrant  in  which 
the  cause  of  commitment  is  to  be 
specified,  and  the  question  which  was 
refused  to  be  answered.  Persons  du- 
ly subpoenaed  are  exonerated  from  ar- 
rest in  a  civil  cause,  while  going  to, 
attending  at,  and  returning  from,  the 
place  where  they  are  required  to  at- 
tend. If  arrested,  they  are  to  be  dis- 
charged by  the  court  from  which  the 
subpoena  issued ;  or  if  it  has  adjourn- 
ed, by  any  judge  of  the  court:  supreme 
court  commissioners  and  first  judges 
of  counties,  have  authority  also  to 
discharge  them  from  arrest.  An  ar- 
rest of  a  witness  is  declared  a  con- 
tempt, and  those  making  it,  are  liable 
to  three  times  the  amount  of  the 
damages  found  by  the  jury,  and  also 
to  the  party  who  subpoenaed  the  wit- 
ness. But  sheriffs  and  other  officers 
are  not  to  be  liable  for  making  surh 


arrest,  unless  the  witness  shall,  upon 
being  required,  make  oath  that  he  has 
been  subpoenaed,  stating  the  court  or 
officer  before  whom,  the  place  at 
which,  and  the  cause  in  which,  he  was 
subpoenaed,  and  that  he  was  not  sub- 
po3naed  by  his  own  procurement,  with 
the  intent  of  avoiding  the  service  of 
process ;  which  affidavit  may  be  ta- 
ken by  the  sheriff  or  other  officer,  and 
when  taken  exonerates  him  from  all 
liability  for  omitting  to  arrest  the  wit- 
ness. 

Affidavits  of  the  publication  iu 
newspapers  of  notices  required  to  be 
so  published,  may  be  made  and  filed 
with  the  proper  officer,  within  six 
months  after  the  last  day  of  publica- 
tion, and  the  originals,  or  certified 
copies,  are  to  be  presumptive  evi- 
dence in  every  court.  The  mode  of 
authenticating  copies  of  papers  by  the 
clerk  or  officer  in  whose  custody  they 
are,  is  prescribed.  And  a  county 
clerk  is  to  attest  papers  certified  by 
hkn,  under  the  seal  of  the  common 
ppas  of  his  county. 

Clerks  of  counties  and  the  register  in 
the  city  of  New  York,  are  to  receive  in 
their  offices  any  papers  offered  to  them 
for  safe  keeping,  which  are  to  be  en- 
dorsed with  the  names  of  the  parties 
thereto,  and  so  as  to  indicate  their 
general  nature :  they  are  to  be  filed 
and  kept,  and  are  not  to  be  delivered 
to  any  person  without  the  written 
order  of  the  person  depositing  them, 
or  his  personal  representatives,  or  on 
the  order  of  some  court  of  record. 
Any  person  may  deposit  a  will  with 
the  county  clerk,  or  with  the  surro- 
gate, being  enclosed  in  a  sealed  wrap- 
per, with  the  name  of  the  testator  en- 
dorsed, his  place  of  residence,  and  the 
time  of  its  being  delivered  ;  and  it  is 
not  to  be  opened  or  examined  except 
as  specially  provided.  It  may  be  de- 
livered to  the  testator,  or  on  his  writ- 
ten order  proved  by  the  oath  of  a  sub- 
scribing witness,  or  after  his  death, 
to  the  persons  named  in  the  wrapper, 
if  there  be  any  so  named,  and  if  none, 
then  to  the  surrogate  of  the  county. 
After  the  death  of  the  testator,  the 
surrogate  is  to  open  it  publicly. 


NEW  YORK. 


make  known  its  contents,  and  file  it 
in  his  office. 

There  are  many  new  provisions 
respecting  the  examination  of  wit- 
nesses and  the  rules  of  evidence.  A 
competent  witness  is  not  to  be  ex- 
cused from  answering,  on  the  ground 
that  his  answer  may  tend  to  establish 
a  debt  against  him,  or  that  he  is  other- 
wise subject  to  a  civil  suit.  But  this 
is  not  to  be  construed  to  require  a 
witness  to  accuse  himself  of  any  crime 
or  misdemeanor,  or  to  expose  him  to 
any  penalty  or  forfeiture.  Ministers 
of  the  gospel  are  not  to  be  allowed,  to 
disclose  any  confession  made  to  them 
in  the  course  of  ecclesiastical  disci- 
pline. Persons  legally  authorized  to 
practise  physic  or  surgery,  are  not  al- 
lowed to  disclose  information  obtained 
while  attending  a  patient,  in  a  profes- 
sional character,  which  information 
was  necessary  to  enable  them  to  pre- 
scribe or  act  professionally.  Where 
a  party  has  been  admitted  to  prove  the 
loss  of  any  instrument  of  his  own 
oath,  the  adverse  party  may  also  be 
examined  on  oath  to  disprove  the  loss 
and  account  of  the  instrument.  A 
party  may  recover  upon  a  negotiable 
note  or  bill,  that  has  been  lost,  upon 
giving  security  to  indemnify  the  ad- 
verse party  against  all  claims  on  ac- 
count of  such  bill  or  note.  A  seal  to 
an  instrument  is  to  be  only  presump- 
tive evidence  of  a  consideration,  which 
may  be  rebutted,  if  notice  be  given  or 
it  be  pleaded.  Variances  between 
process,  pleadings,  or  instruments,  at 
the  recital  of  them  in  any  pleading. 
&c.,  and  mistakes  in  stating  time,  or 
describing  property,  which  could  be 
amended  after  a  verdict,  are  to  be  dis- 
regarded on  the  trial,  unless  they  are 
calculated  to  surprise  or  mislead  the 
other  party.  The  confessions  of  a 
member  of  a  corporation  aggregate, 
are  not  to  be  received  as  evidence  un- 
less they  were  made  concerning  some 
transaction  in  which  he  was  the  agent 
of  the  corporation.  And  a  member  of 
a  corporation  aggregate,  not  named 
on  the  record  as  a  party,  shall  be 
competent  to  testify  to  any  matter 
against  the  interest  of  the  corpora- 
tion. 


In  respect  to  the  administering  of 
oaths,  it  is  provided  that  any  person 
desiring  it  may  swear  in  the  manner 
prescribed,  without  kissing  the  gos- 
pels. "  Every  person  believing  in  the 
existence  of  a  Supreme  Being,  who 
will  punish  false  swearing,  shall  be 
admitted  to  be  sworn,  if  otherwise 
competent ;"  and  the  belief  of  a  wit- 
ness must  be  proved  by  other  testi- 
mony than  his  own.  But  the  capacity 
of  infants  and  others,  and  the  extent 
of  their  religious  knowledge,  may  be 
ascertained  bytheir  examination. 

The  fourth  title  relates  to  the  trial 
of  issues  of  fact.  Actions  for  the  re- 
covery of  real  estate,  or  for  injuries 
done  to  it,  and  for  injuries  done  to  the 
person,  or  to  personal  property,  are  to 
be  tried  in  the  county  where  the  ac- 
tion arose.  Actions  for  slander  and 
libels,  and  all  other  actions  for  wrongs 
and  upon  contract,  are  to  be  tried 
where  the  plaintiff  lays  the  venue,  un- 
less the  court  change  it.  All  issues 
of  fact  are  to  be  tried  by  a  jury,  or  by 
referees.  A  circuit  roll  is  to  be  made 
up  in  causes  to  be  tried  at  circuits,  in 
which  the  formal  entries  heretofore 
usual,  are  not  required;  nor  is  any 
seal  necessary  to  the  roll.  Notices  of 
trial  are  to  be  given,  in  all  cases,  four- 
teen days  before  the  first  day  of  the 
court.  Venires  are  abolished,  except 
when  a  foreign  jury  is  ordered.  The 
supervisor,  town  clerk,  and  assessors 
of  the  several  towns,  are  to  assemble 
on  the  first  Monday  of  July,  1830,;:  and 
on  the  same  day  in  every  third  year 
thereafter,  and  form  a  list  of  persons 
to  serve  as  jurors,  whose  qualifications 
are  particularly  pointed  out ;  and  in 
addition  to  those  formerly  prescribed, 
persons  assessed  for  personal  proper- 
ty belonging  to  them  in  their  own 
right,  to  the  amount  of  two  hundred 
and  fifty  dollars,  are  deemed  qualified, 
and  it  is  required  that  all  persons  se- 
lected should  be  free  from  all  legal  ex- 
ceptions, of  fair  character,  approved 
integrity,  sound  judgment,  and  well 
informed.  The  list  of  persons  thus 
selected,  is  to  be  sent  within  ten  days 
to  the  county  clerk,  and  they  are  to 
serve  as  jurors  for  three  years  and  un- 
til new  lists  shall  be  returned. 


04J 


ANNUAL  REGISTER— 1827-8-9. 


of  the  time  and  place  of  drawing  jurors 
for  any  court,  is  to  be  published  at 
least  six  days  previously  in  a  newspa- 
per of  the  county,  and  is  to  be  served 
on  the  sheriff  and  on  the  first,  or  some 
other  judge  of  the  county  courts ;  and 
it  is  made  their  duty  to  attend  and  wit- 
ness the  drawing.  In  case  of  their 
neglect,  the  clerk  is  to  notify  two 
judges  or  justices  to  attend.  The 
drawing  muslJBe  had  in  the  presence 
of  the  sheriff  and  a  judge  or  justice, 
or  two  judges  or  justices ;  very  pre- 
cise directions  are  given  respecting 
the  mode  of  conducting :  a  minute  of 
the  drawing  is  to  be  made,  signed  by 
tha  clerk  and  attending  officers,  which 
is  to  be  filed  and  they  are  to  make  a 
list  of  the  persons  drawn,  which  is  to 
be  delivered  to  the  sheriff  who  is  to 
summon  them.  Thirty-six  jurors  are 
to  be  drawn,  unless  a  greater  number 
shall  have  been  ordered  by  a  circuit 
judge  for  a  circuit  court,  who  may  di- 
rect an  additional  number  not  exceed- 
ing twenty-five  to  be  drawn. 

Special  juries  are  to  be  struck  by 
the  clerk  of  the  county,  upon  the  no- 
tice for  that  purpose ;  and  when  the 
clerk  is  interested,  two  indifferent 
persons  are  to  be  appointed  by  the 
court. 

Aliens  are  not  entitled  to  a  jury  of 
part  aliens.  It  is  not  a  cause  of  chal- 
lenge to  the  pannel,  that  the  clerk 
who  drew  them  was  a  party,  or  inter- 
ested, &c. ;  nor  that  they  were  sum- 
moned by  a  sheriff  who  was  a  party, 
&c.,  unless  it  be  shown  that  there  was 
an  intentional  omission  to  summon 
some  of  the  jurors  drawn.  Jurors 
cannot  be  questioned  or  subjected  to 
any  action  or  proceeding,  civil  or 
criminal,  for  any  verdicts  rendered, 
except  to  indictment  for  corrupt  con- 
duct in  the  cases  prescribed  by  law. 
The  mode  of  taking  exceptions  to  any 
decisions  of  the  court,  is  regulated, 
as  well  as  the  manner  of  returning 
them.  The  taking  of  exceptions  will 
not  hereafter  prevent  the  party  from 
also  moving  to  set  aside  the  verdict, 
as  being  against  evidence.  If  a  cause 
is  not  tried  at  a  circuit,  a  short  form 


of  continuance   is  given,  instead  of 
the  prolix  entries. 

The  fifth  title  is  entitled  "  of  amend- 
ing pleadings  and  proceedings,"  and 
is  a  consolidation  in  plain  language  of 
the  various  statutes  of  amendments 
and  jeofails,  with  some  additions,  the 
most  important  of  which  is  the  exten- 
sion of  the  statute  to  all  civil  actions, 
in  courts  of  law,  including  suits  for 
penalties  and  writs  of  mandamus,  and 
scire  facias,  and  informations  in  the 
nature  of  quo  warranto. 

The  sixth  title  relates  to  the  power 
and  duties  of  sheriffs,  &c.,  in  the  ar- 
rest and  imprisonment  of  persons,  and 
in  the  execution  and  return  of  process. 
Females  are  not  to  be  imprisoned  on 
any  process,  in  any  action  founded  on 
contract.  Copious  provisions  are  made 
for  removing  prisoners  from  the  jail  of 
one  county  to  that  of  another,  to  be 
designated  by  three  county  judges,  in 
cases  where  the  jail  shall  be  destroyed 
by  fire  or  otherwise,  or  in  any  way  be- 
come unfit  or  unsafe  for  the  confine- 
ment of  prisoners.  And  in  case  of 
fire  in  the  jail,  or  the  breaking  out  of 
any  pestilence,  provision  is  made  for 
the  removal  of  the  prisoners.  It  is 
made  the  duty  of  the  boards  of  super- 
visors of  the  several  counties,  within 
the  year  1830  to  appoint  a  reputable- 
physician  to  attend  the  jail  as  its  phy- 
sician, who  is  to  hold  his  office  during 
the  pleasure  of  the  board.  It  is  made 
a  misdemeanor  to  bring  into  a  jail  any 
spirituous,  fermented  or  other  liquors, 
without  permit  from  the  physician. 
And  every  sheriff,  jailor,  or  his  assis- 
tant, suffering  any  to  be  brought  in, 
is  liable  to  fine  and  imprisonment, 
and  on  convictian,  forfeits  his  office. 
A  copy  of  the  minutes  of  the  court  es- 
tablishing the  liberties  of  the  jail,  and 
of  all  alterations  therein,  is  to  be  de- 
livered within  six  months  after  the 
first  of  January,  1830,  by  the  county 
clerk,  to  the  keepers  of  the  jails  of 
their  counties,  who  are  to  expose  the 
same  for  public  view  in  some  public 
part  of  the  jail,  and  to  exhibit  it  to 
every  person  on  his  being  admitted  to 
the  liberties.  The  sureties  in  a  bond 


NEW  YORK, 


mouths,  after  such  appointment,  is 
given  for  the  liberties,  may  surrender 
their  principal  to  the  keeper  of  the 
jail.  This  provision  is  worthy  of  par- 
ticular notice.  In  suits  by  sheriffs  on 
bonds  for  the  liberties,  judgment  is  to 
be  rendered  on  the  return  day  of  the 
writ,  if  the  sureties  had  notice  of  the 
previous  suit  against  the  sheriff,  and 
judgment  shall  have  been  rendered 
against  him  ;  and  in  all  cases  where 
such  notice  was  given,  the  judgment 
agamst  the  sheriff  is  to  be  conclusive 
against  the  sureties  :  and  the  recovery 
of  a  judgment  against  the  sheriff,  is 
sufficient  io  entitle  him  to  maintain 
an  action  on  the  bond  for  the  liberties, 
without  the  judgment  being  actually 
collected.  A  sheriff  is  liable  for  the 
escape  of  a  prisoner  committed  on  a 
justice's  execution,  as  if  it  were  from 
a  court  of  record.  A  sheriff  is  not 
obliged  to  swear  to  his  plea  of  volunta- 
ry return  or  recaption  of  a  prisoner. 

Ample  provisions  are  made  for  de- 
livering over  the  jail,  the  prisoners, 
and  sheriff's  papers,  on  the  election  of 
a  new  sheriff,  and  a  mode  of  compel- 
ling such  delivery  is  prescribed. 

The  authority  of  a  sheriff  to  com- 
mand the  assistance  of  every  inhabit- 
ant of  his  county,  to  overcome  actual, 
or  apprehended  resistance,  is  declar- 
ed, and  it  is  made  a  misdemeanour  to 
refuse,  or  neglect  to  obey  such  com- 
mand. When  the  power  of  a  county 
is  not  sufficient  to  enable  a  sheriff  to 
execute  a  process,  the  governor  is  to 
order  a  military  force  from  any  other 
county  or  counties. 

Coroners  are  to  execute  process  in 
all  cases  where  the  sheriff  is  a  party. 
If  a  sheriff  is  arrested,  they  may  take 
from  him  a  bond  for  the  liberties  of 
the  jail,  or  on  the  arrest,  as  the  sheriff 
might  in  other  cases.  If  a  sheriff  is 
to  be  confined,  the  coroner  is  to  keep 
him  in  some  house,  other  than  the  jail 
of  the  county,  or  the  sheriff's  own 
dwelling,  situate  within  the  liberties 
of  the  jail.  If  a  person  be  arrested  at 
the  suit  of  a  sheriff,  he  is  to  be  com- 
mitted to  the  jail,  as  in  other  cases, 
but  the  coroner  is  not  to  be  liable  for 
his  escape  ;  and  such  person  is  to  be 
*  entitled  to  the  liberties  as  other  pri- 


soners.  It  is  made  the  duty  of  all 
sheriffs  to  receive  prisoners  commit- 
ted by  the  courts  of  the  United  States, 
and  they  are  answerable  for  the  safe 
keeping  of  such  prisoners  in  the  courts 
of  the  United  States. 

The  eighth  chapter  is  entitled  "  of 
proceedings  in  special  cases,"  and 
consists  of  seventeen  titles  on  va- 
rious miscellaneous  subjects.  To 
entitle  a  person  to  prosecute  as  a 
poor  person,  and  without  expense, 
he  is  to  swear  that  he  is  not 
worth  twenty  dollars,  excepting  the 
necessary  wearing  apparel  and  furni- 
ture for  himself  and  family,  and  ex- 
cepting the  subject  matter  of  the  ac- 
tion, when  he  is  not  in  possession  of 
it :  and  must  produce  the  certificate 
of  a  counsellor,  that  he  has  examined 
the  claim,  and  is  of  opinion  that  the 
poor  person  has  a  good  cause  of  ac- 
tion. Process  cannot  issue  for  an  in- 
fant who  is  sole  plaintiff,  until  a  next 
friend  be  appointed,  who  is  to  l>e  re- 
sponsible for  the  costs.  The  mode 
of  proceeding  to  appoint  such  next 
friend  is  prescribed.  Guardians  are 
to  be  appointed  for  infant  defendants, 
after  the  issuing  of  process  against 
them,  and  before  any  further  pro- 
ceedings can  be  had.  The  manner  of 
obtaining  snch  guardians,  and  the  pro- 
ceedings in  case  of  the  neglect  of  the 
defendant  to  procure,  are  pointed  out. 

Actions  for  wrongs  to  the  property, 
right,  or  interests  of  another,  may  be 
brought  by  executors,  &c.,  against  the 
wrong  doer,  or  against  his  adminis- 
trators, &c.,  in  the  same  manner  as 
suits  upon  contracts  :  except  actions 
for  libel,  slander,  assault  and  battery, 
false  imprisonment,  and  for  injuries  to 
the  person.  Executors,  &c.,  are  not 
to  be  held  to  bail,  except  when 
charged  vvitli  waste,  and  then  only  on 
the  order  of  a  judge.  The  term  of 
eighteen  months  after  the  death  of  a 
person,  is  not  to  be  reckoned  as  any 
part  of  the  time  limited  by  law  for 
commencing  suits  against  his  execu- 
tors, &c.  And  the  time  between  the 
death  of  a  person,  and  that  of  ap- 
pointing executors,  &c.  of  his  estate, 
not  exceeding  six  months ;  and  six 
months  after  the  appointment  are 


ANNUAL  REGISTER—  ItfcW-S-y. 


not  to  be  reckoned  as  any  part  of  the 
time  limited  by  law  for  bringing  suits 
by  executors,  &c.  Executors  and 
administrators  are  not  to  be  liable 
personally,  for  any  false  plea.  An 
executor  of  an  executor,  has  no  au- 
thority over  the  estate  of  the  first  tes- 
tator. The  inventory  filed  by  an  ad- 
ministrator, &c.,  is  not  to  be  conclu- 
sive against  him,  or  in  his  favour,  but 
may  be  explained  and  rebutted :  and 
he  is  not  to  be  charged  for  demands 
contained  in  the  inventory,  unless  it 
appears  that  they  have  been  collected, 
or  might  have  been  collected,  with 
due  diligence.  Persons  are  not  to  be 
prosecuted  as  executors,  in  their  own 
wrong,  but  are  to  be  liable  as  wrong 
doers  to  the  administrators,  &c. 

Very  full  and  minute  provisions  are 
made  respecting  suits  against  lega- 
tees, next  to  kin,  heirs,  and  devisees, 
and  to  enable  creditors  to  recover  of 
the  next  kin,  money  or  property  paid 
to  them  by  the  executors,  &c.  Heirs 
and  devisees  liable  for  the  debts  of 
their  ancestor  or  devisor,  can  no 
longer  be  prosecuted  in  a  court  of 
law,  but  must  be  sued  jointly  in  a 
court  of  equity ;  and  to  such  suits  the 
provisions  of  former  laws  on  the  sub- 
ject are  extended.  The  court  of  chan- 
cery has  authority  to  compel  payment 
to  a  child  born  after  the  will  is  made, 
and  for  whom  there  is  no  provision, 
of  its  share  of  the  personal  property, 
and  a  distribution  of  its  proportion  of 
the  real  estate ;  and  has  the  like  au- 
thority to  distribute  to  persons  who 
would  otherwise  be  excluded  on  ac- 
count of  being  witnesses  to  wills. 

The  fourth  title  of  this  chapter, 
which  relates  to  proceedings  by  and 
against  corporations  and  public  bodies 
having  corporate  powers,  contains 
many  new  and  important  provisions. 
Foreign  corporations  are  entitled  to 
sue  in  the  courts  of  New  York,  upon 
giving  security  for  costs,  except  in 
cases  arising  out  of  a  violation  of  her 
laws.  Domestic  corporations  are  no 
longer  required  to  prove  on  the  trial, 
their  existence,  until  it  shall  be  de- 
nied by  a  plea  in  abatement  or  a  plea 
in  bar.  And  a  mistake  in  nominating 


a  corporation  in  pleading,  i»  iu  be 
pleaded  in  abatement  or  to  be  deemed 
waived.  And  it  is  not  necessary  to 
recite  the  acts  incorporating  any  do- 
mestic corporation,  or  the  proceedings 
under  such  acts,  but  a  reference  to  the 
title  of  the  act  and  the  date  of  its 
passage,  is  sufficient.  Suits  may  be 
brought  in  the  supreme  court  by  a 
resident  of  this  state,  against  a  fo- 
teign  corporation,  by  attachment  of 
their  property,  which  is  to  be  issued  by 
a  judge  or  supreme  conrt  commis- 
sioner, upon  proof  of  the  debt  or  da- 
mages claimed,  and  upon  receiving  a 
bond  in  $250,  with  sureties,  condi- 
tioned to  pay  costs  in  case  of  failure. 
The  proceedings  of  the  sheriff  on  the 
attachment  are  similar  to  those  a- 
gainst  absconding  debtors.  The  plain- 
tiff is  to  proceed  in  the  suit  as  in  oth- 
er cases,  and  upon  recovering  judg- 
ment, is  entitled  to  execution.  Dou- 
ble costs  may  be  awarded  against  him 
for  a  vexatious  suit.  The  corporation 
may  be  let  in  to  defend,  upon  giving 
a  bond  with  sureties  for  the  payment 
of  the  demand.  If  there  are  several 
judgments  against  a  corporation  at 
the  same  time,  the  property  seized  is 
to  be  appropriated  among  them  by  the 
court,  in  proportion  to  their  respec- 
tive amounts. 

The  chancellor  has  power  to  re- 
strain a  corporation  from  exercising 
any  franchises  not  granted  by  its 
charter,  and  to  restrain  individuals 
from  exercising  any  corporate  rights 
not  granted  to  them.  And  the  in- 
junction may  be  issued  before  the 
coming  in  of  the  answer.  He  has 
general  jurisdiction  over  the  officers 
of  corporations,  to  call  them  to  ac- 
count for  official  conduct,  to  compel 
payment  of  moneys  or  property  which 
they  have  transferred,  lost,  or  wasted 
by  misconduct,  to  suspend  any  trus- 
tee, or  officer  that  has  abused  his 
trust,  and  to  remove  him  from  office 
for  gross  misbehaviour,  or  to  direct 
new  elections,  to  supply  vacancies  so 
created,  or  if  there  be  no  board  or 
persons  to  make  such  elections,  to  re- 
port to  the  governor,  who  is  author- 
ized in  such  ropes,  with  the  consen* 


NEW  YORK. 


[97 


of  the  senate,  to  fill  such  vacancies ; 
to  prevent  and  set  aside  fraudulent 
"alienations  of  the  corporate  property 
by  its  officers.     But  these  provisions 
are  not  to  divest  the  authority  given 
by  statute  to  any  board  of  officers,  to 
visit  or  control  corporations.  The  pro- 
ceedings to  restrain  insolvent  corpo- 
rations, and  to  appoint  receivers  to 
distribute  their  effects,  are  given  at 
length.  If  the  effects  are  not  sufficient 
to  pay  the  debts,  each   stockholder 
may  be  compelled  to  pay  the  amount 
due,   and  remaining  unpaid    on  the 
shares  of  stock  held  by  him.  The  corpo- 
ration and  its  officers  and  agents  may 
be  compelled  to  discover  its  property, 
and  all  transfers  made  by  it  or  them ; 
and  every  person  having  such  proper- 
ty under  his  control,  may  likewise  be 
compelled  to  discover  it.  When  suits 
in  equity  are  brought  against  corpo- 
rations, actions  at  law  by  other  cre- 
ditors may  be  restrained,  and  they  may 
be  notified  to  come  in  and  participate 
in  the  benefit  of  the  decree.    Any 
corporation  may  be  dissolved  by  the 
chancellor,  on  the  application  of  the 
directors,  whenever  it  shall  be  for  the 
interest  of  the  creditors  or  the  stock- 
holders.   The  proceedings  are  giv- 
en   in    detail,    together    with    the 
powers  and  duties  of  receivers.     Su- 
pervisors of  a  county,  and  of  towns, 
county  superintendents  of  poor,  com- 
missioners of  common  schools  and  of 
highways,  trustees  of  school  districts, 
&c.,  may  bring  actions  in  their  offi- 
cial character,  upon  contracts  made 
with  them  or  their  predecessors,  to 
enforce  any  duty  or  liability  to  them 
officially,  to  recover  penalties  and  da- 
mages for  injuries  to  their  rights  or 
property,  as  such  officers  or  the  bodies 
represented  by  them.     Such  actions 
may  be  brought  in  the  name  of  their 
officers,   although   upon    a  contract 
made  with  their  predecessors  in  their 
individual  names.     Actions  against 
those  officers  a  re  to  be  brought  against 
them  individually,  specifying  their  of- 
fices, and  are  to  be  prosecuted  as  oth- 
er actions.     But  the  defendants  are 
not  to  be  held  to  bail,  without  the  or- 
der of  a  judge,  founded  on  proof  of  of- 


VOL.  III. 


ficial  misconduct,  or  of  personal  lia- 
bility having  been  incurred.     Actions 
against   counties  are  to  be  brought 
against  the  supervisors  ;  those  against 
towns  are  to  be  brought  against  the 
town  by  its  name,  and  are  to  be  com- 
menced by  summons,  and  proceeded  in 
as  in  suits  against  corporations.  Where 
a  contract  has  been  entered  into  in 
behalf  of  any  county  or  town,  by  an 
officer  duly  authorized,  an  action  may 
be  brought  on  it  by  his  successor. 
Suits  by  and  against  officers,  are  not 
to  abate  by  their  death,  removal,  &c.. 
but  their  successors  are  to  be  substi- 
tuted.    When  judgments  are  reco- 
vered against  the  supervisors,  or  coun- 
ty superintendents,  against  a  town,  or 
its  supervisor,    or  overseers   of  the 
poor,  a  copy  of  the  docket  or  record, 
if  required,  is  to  be  laid  before  the 
board  of  supervisors,  who  are  to  add 
the  amount  to  the  tax  of  the  county  or 
town,   against    which  the  judgment 
was  recovered,  and  that  amount  is 
to  be  collected  and  paid  over  to  the 
plaintiff  by  the  county  treasurer.  But 
if  the  county  treasurer  has  moneys  in 
his  hands,  not  otherwise  specifically 
appropriated,  he  is  to  pay  the  judg- 
ment against  the  county,  and  for  ne- 
liable  to  the  plaintiff.     In  like  man- 
glectingso  to  do,  he  is  to  be  personally 
ner,  a  supervisor  of  a  town,  or  over- 
seers of  the  poor,  having  moneys  not 
appropriated,  are  to  pay  a  judgment 
against  them  officially,  and  become 
personallyliable  for  neglecting  so  to  do : 
and  the  supervisor,  in  the  like  case,  is 
to  pay  a  judgment  against  his  town. 
In  the  above  cases  no  execution  is 
to  be  issued  against  the  defendant. 
In  other  cases,  judgments  against  of- 
ficers are  to  be  collected  of  them  in- 
dividually, and  the  amount  is  to  be  al- 
lowed them  in  their  official  accounts. 
The    fifth  title    relates    to    suits 
against  sheriffs,  surrogates,  and  other 
officers  on  their  officialbonds.  When- 
ever a  sheriff  becomes  liable  for  the 
escape  of  a  prisoner,  or  has  been 
guilty  of  any  default  in  his  office,  the 
injured  party  may  apply  to  the  su- 
preme court  for  leave  to  prosecute  big 
official  bond,  which  the  court  is  to  di- 


13* 


ANNUAL  REGISTER— 1827-8-9. 


rect  on  proof  of  the  delinquency,  and 
that  no  satisfaction  for  it  has  been  re- 
ceived.    The  pleadings  and  proceed- 
ings are  to  be  similar  to  those  pre- 
scribed in  actions  upon  bonds,  with 
conditions  other  than  for  the  payment 
of  money ;  but  the  name  of  the  rela- 
tor  is  to  be  stated,  and  it  is  to  be 
deemed  his  private  suit,  and  he  may 
be  nonsuited,  &c.,  and  judgment  for 
costs  may  be  rendered  against  him. 
No  scire  facias  is  to  be  brought  on  a 
judgment  rendered,   for  a  breach  of 
the  condition  of  the  official  bond,  but 
distinct  suits  are  to  be  brought  by  the 
parties  entitled  thereto.      Provision 
against  collusive  recoveries,  is  made, 
so  that  sureties  are  to  be  answerable 
for  the  full  amount  of  the  penalty  of 
the  bond.      The   execution   on  any 
judgment  is  to  have  an  endorsement, 
directing  it  to  be  levied,  first  of  the 
property  of  the  sheriff,  and  if  there  is 
not  sufficient,  then  of  the  property  of 
the  sureties  :  and  no  execution  against 
the  bodies  of  the  defendants,  is  to  is- 
sue, until  one  against  their  property 
has  been  returned  unsatisfied,  in  whole 
or  in  part. 

The  court  of  chancery  may  author- 
ize a  surrogate's  bond  to  be  prosecu- 
ted upon  proof  of  his  default  or  mis- 
conduct in  office ;  and  the  proceed- 
ings are  to  be  the  same  as  on  sheriff's 
bonds.  Similar  proceedings  are  to  be 
had,  when  suits  are  directed  by  the 
chancellor  upon  the  bonds  of  the  re- 
gister, assistant  register,  or  clerks  of 
that  court.  Applications  to  sue  the 
official  bond  of  the  clerk  of  the  city 
of  New  York,  are  to  be  made  to  the 
court  of  common  pleas  of  that  coun- 
ty, and  the  like  proceedings,  as  on 
sheriff's  bonds,  are  to  be  had  thereon. 
And  similar  provisions  are  made  re- 
specting the  prosecution  of  bonds 
given  by  marshals  of  cities,  for  which, 
application  is  to  be  made  to  the  may- 
or's court  of  the  city. 

The  sixth  title  relates  to  suits  for 
penalties,  &c.,  and  for  the  collection 
and  remission  of  fines  and  -recogni- 
zances. Debt  or  assumpsit  may  be 
brought  for  a  penalty,  and  trover  may 
be  maintained  for  property  forfeited. 
Such  actions  are  to  be  prosecuted  in 


the  same  manner  as  other  persona! 
actions ;    and  suits  by  the  attorney 
general,  or  district  attorney,  for  pe- 
nalties or  forfeitures,  are  to  be  con- 
ducted in  the  same  manner,  and  the 
amouut  recovered,  when   not  specifi- 
cally appropriated  by  law  to  any  par- 
ticular person,  officer,  town,  or  coun- 
ty, is  to  be  paid  into  the  state  treasu- 
ry.    When  a  penalty  is  imposed  for 
any  offence  committed  on  a  stream  of 
water,  or  lake,  situated  in    two  or 
more  counties,  it  may  be  sued  for  in 
either  county.     Suits  for  penalties  by 
the  persons  aggrieved,  are  to  be  con- 
ducted like  other  suits,  but  the  pro- 
cess is  in  no  case  to  be  delivered  to 
the  plaintiff,  but  is  to  be  returned  to 
the  court  from  which  it  issued.     Upon 
all  process  for  penalties,  a  general  re- 
ference to  the  statute  giving  the  ac- 
tion is  to  be  endorsed ;  and  in  plead- 
ing, a  similar  reference  is  to  be  made. 
Very  full  and  minute  provisions  are 
made  for  the  collection  of  fines  and 
recognizances,  which,    as    they  are 
technical,  and  relate  to  the  duties  of 
a  particular  officer,  are  not  deemed 
proper  to  be  here  repeated.     Courts 
of  common  pleas  may  remit  fines  and 
recognizances,  with  the  concurrence 
of  the  first  judge  of  the  county,  if  he 
be  present,  and  after  notice  to  the  dis- 
trict attorney,  and  giving  him  time  to 
prepare  to  meet  it.     But  they  cannot 
remit  a  fine  imposed  by  a  court  of 
oyer  and  terminer,  or  general  sessions 
upon  a  conviction  of  a  criminal  of- 
fence, nor   fines    imposed  for    con- 
tempts, nor  recognizances  for  appear- 
ance  in  another    county  :    and  the 
costs  and  expense  incurred  in  the  col- 
lection of   a  fine   or    recognizance, 
must,  in  all  cases,  be  paid  by  the  ap- 
plicant.    They  may  remit  fines  impo- 
sed by  a  court  of  special  sessions,  or 
by  a  justice  of  the  peace  ;  when  the 
offender  shall  have  been  committed 
until  such  fine  be  paid.     None  of  the 
provisions  of  this  title  apply  to  the 
city  of  New  York. 

The  seventh  title  relates  to  the  ad- 
measurement of  dower,  in  which  there 
are  but  few  new  provisions,  and  as 
those  relate  to  the  mode  of  proceed- 
ing, they  do  not  fall  within  the  scope 


.\7EW  YORK. 


[99 


of  this  abstract.  It  may  be  well  to  state 
^owever,  that  the  right  is  expressly 
given  to  the  widow  to  maintain  eject- 
ment for  the  lands  admeasured  to  her, 
In  which  her  right  to  dower  may  be 
controverted ;  but  if  she  recovers,  she 
holds  that  which  was  assigned  to  her 
during  her  natural  life,  subject  to  all 
taxes  and  charges  accruing  subse- 
quent to  her  taking  possession. 

The  eighth  title  provides  for  the 
collection  of  demands  against  ships 
and  vessels.  An  entire  new  mode  of 
proceeding  is  prescribed,  similar  to 
that  against  absconding  debtors.  A 
warrant  of  seizure  is  to  be  issued  upon 
application  by  a  creditor,  and  on  proof 
of  her  debt ;  and  notice  is  to  be  pub- 
lished for  three  months,  requiring  cre- 
ditors to  exhibit  their  demands,  and 
that  the  vessel  will  be  sold,  unless  the 
owner,  or  some  person  interested,  ap- 
pears and  discharges  the  amount  ac- 
cording to  law,  within  three  months. 
The  warrant  may  be  discharged  by 
the  owner,  &c.,  executing  a  bond  with 
surety,  conditioned  to  pay  the  amount 
of  the  claims  exhibited,  which  shall 
be  established  to  have  been  liens ; 
this  bond  may  be  executed  at  any 
time,  before  an  order  for  the  sale  of  the 
vessel  shall  have  been  granted.  The 
proceedings  of  this  bond,  and  the 
mode  of  ascertaining  the  claims  of 
the  respective  creditors,  are  prescri- 
bed. If  no  such  bond  be  given,  the  ves- 
sel is  to  be  sold,  and  the  proceeds  are 
to  be  distributed  among  the  creditors. 
If  a  claim  be  contested,  it  is  to  be  re- 
ferred to  three  referees,  who  are  to 
proceed  thereon  as  in  other  cases. 
The  proceedings  are  to  be  returned  to 
certain  courts,  who  may  correct  an 
error  therein,  and  make  such  order  as 
shall  be  just.  Vessels  proceeded 
against  in  the  courts  of  the  United 
States,  are  not  subject  to  this  title. 

The  ninth  title  relates  to  distress 
for  rent,  and  the  recovery  of  demised 
premises  for  non-payment  of  rent,  by 
ejectment.  A  distress  cannot  be 
made  for  rent,  for  which  a  judgment 
has  been  recovered.  •  Distresses  are 
in  all  cases  to  be  made  by  a  sheriff, 
marshal  of  a  city,  or  constable  of  a 


town ;  and  to  authorize  them,  there 
must  be  an  affidavit  by  the  person  for 
whose  benefit  the  distress  is  made,  his 
agent    or    receiver    specifying    the 
amount  of  rent  due,  and  the  time  for 
which  it  accrued :  which  affidavit  is 
to  be  filed  with  the  warrant  of  distress, 
in  the  office  of  the  town  clerk,  or  in 
the  cities,  with  the  clerk  of  the  coun- 
ty.    A  penalty  of  fifty  dollars  is  im- 
posed for  neglect,  by  the  officer  hav- 
ing; the  distress,  to  comply  with  this 
provision.     The  articles  which  may 
be    distrained  are   enumerated,    and 
they  may  be  cut,  gathered,  and  se- 
cured in  a  secure  place  ;  but  things 
annexed  to  the  freehold,  or  to  a  build- 
ing, and  produce  of  the  soil,  in  the 
ground,  are  not  to  be  removed  until 
after  a  sale  thereof.     The  following 
property  cannot  be  distrained  : — such 
as  is  deposited  with  the  tenant,  or 
hired  by  him,  or  lent  to  him,  with  the 
consent  of  the    landlord  ;   such    as 
shall  have  accidentally  strayed  on  the 
premises,  or  shall  have  been  deposited 
with  the  tavern  keeper,  or  keeper  of 
a  warehouse,  in  the  course  of  their 
business ;  or  deposited  with  a  mechan- 
ic, or  other  person,  to  be  repaired  or 
manufactured ;  but  the  officer  is  not 
to  be  liable  for  seizing  such  property, 
unless  he  has  notice  of  the  claim  of  a 
third  person  on  it.     The  officer  ma- 
king a  distress  is  to  leave  an  invento- 
ry of  the  property  taken,  with  notice 
of  the  cause  of  the  distress,  and  the 
amount  of  the  rent  due,  which  is  to  be 
left  with  the  tenant,  or  if  he  be  ab- 
sent, at  the  principal  dwelling  house, 
or  some  other  notorious  place  on  the 
demised  premises.      If  the  rent  and 
costs  are   not  paid  within  five  days 
after  such  notice,  the  property  seized 
is  to  be  appraised  in  writing  by  two 
disinterested  householders,  to  be  sum- 
moned and  sworn  by  the  officer.  After 
five  days  notice,  the  property  is  to  be 
sold.     The*  proceedings  to    recover 
lands  by  ejectment  for  non-payment 
of  rent,  do  not  differ  materially  from 
the  former  law  on  that  subject. 

The  tenth  title  provides  the  means 
of  recovering  the  possession  of  land 
in  certain  cases.  The  statute  con- 


100] 


ANNUAL  REGISTER— 1827-8-9. 


cerning  forcible  entries  and  detainers, 
is  entirely  remodelled,  and  certain  de- 
fects are  supplied.  The  authority 
vested  in  justices  of  the  peace  in  such 
cases,  is  taken  from  them,  and  is 
confined  to  circuit  judges,  supreme 
court  commissioners,  judges  of  county 
courts,  mayors,  recorders  and  alder- 
men of  cities  and  special  justices,  ma- 
rine court  justices,  and  assistant  jus- 
tices in  the  city  of  New  York.  Com- 
plaint is  to  be  made  to  some  one  of 
the  above  mentioned  officers  in  wri- 
ting, accompanied  by  an  affidavit  of 
the  forcible  entry,  or  forcibly  holding 
out,  and  that  the  complainant  has  a 
right  to  the  possession  of  the  premises, 
stating  it ;  upon  which  a  jury  of  in- 
quiry of  twenty-four  persons  is  to  be 
summoned,  and  the  adverse  party  is 
to  be  notified.  The  jury  are  to  in- 
quire and  make  their  inquisition, 
which  may  be  traversed  on  paying 
certain  expenses  of  trying  it,  by  the 
tenant,  or  by  his  landlord,  on  the  lat- 
ter making  affidavit  of  his  claim.  A 
jury  is  then  to  be  summoned,  who  are 
to  try  the  issue ;  the  title  to  the  pre- 
mises is  not  to  be  tried,  but  a  posses- 
sion of  three  years  by  the  actual  oc- 
cupant, is  a  bar  to  the  prosecution. 
If  a  verdict  be  found  against  the  oc- 
cupant, or  if  there  be  no  traverse,  a 
precept  is  to  issue  to  restore  the  com- 
plainant to  his  possession,  and  to  col- 
lect the  costs  and  expenses  of  the  pro- 
ceedings. Certioraris  to  remove  the 
proceedings  can  only  be  allowed  by  a 
judge  of  the  supreme  court,  or  a  com- 
missioner of  that  court,  upon  receiving 
a  bond  with  sureties,  conditional  for 
the  defendant's  appearing  and  stand- 
ing trial,  &c.  The  bond  is  to  be  pro- 
secuted under  the  order  of  the  court, 
upon  the  defendant's  default  or  con- 
viction. Upon  a  conviction  for  a  for- 
cible entry  or  detainer  in  a  court  of 
oyer  and  terminer,  or  court  of  general 
sessions,  such  court  may  award  resti- 
tution. The  authority  heretofore  con- 
ferred on  a  single  magistrate,  upon 
view  of  the  premises  and  of  the  force, 
to  fine  the  defendants,  isfabolished. 

When  any  demised  premises  have 
been  deserted,  by  a  tenant  being  in 


arrear  for  rent,  and  leaving  no  goods 
to  satisfy  the  rent,  a  justice  of  the 
peace,  on  proof  of  those  facts,  is  to 
view  the  premises,  and  if  satisfied  of 
their  truth,  is  to  affix  a  notice  on  the 
premises  requiring  the  tenant  to  pay 
the  rent  at  a  time  to  be  specified,  not 
less  than  five,  nor  more  than  twenty 
days  from  the  date.  If  the  rent  is  not 
paid,  and  there  is  no  property  to  satis- 
fy it,  the  justice  is  to  put  the  landlord 
into  possession,  and  any  demise  or 
lease  of  the  premises  to  such  tenant 
thereupon  becomes  void.  Appeals 
from  the  proceedings  of  the  justice 
may  be  made  by  the  tenant  within 
three  months,  to  the  court  of  common 
pleas,  who  may  affirm  them  or  order 
restitution. 

An  act  passed  in  1820  authorizing 
the  removal  of  a  tenant  for  non-pay- 
ment of  rent,  is  extended  to  the  case 
of  a  defendant  in  an  execution,  con- 
tinuing to  hold  land  that  has  been 
sold  under  it,  after  a  deed  has  been 
executed,  and  is  otherwise  modified 
in  a  few  particulars.  The  defendant, 
in  the  case  mentioned,  may  stay  pro- 
ceedings by  paying  the  costs,  filing 
an  affidavit  that  he  claims  the  land  by 
a  title  accruing  after  such  sale,  or  as 
guardian,  &c.,  for  another,  and  execu- 
ting a  bond  with  sureties  to  pay  the 
costs  of  an  action  of  ejectment,  and 
the  value  of  the  use  of  the  premises 
until  they  shall  be  recovered,  and  not 
to  commit  waste.  In  all  proceedings 
under  this  statute,  costs  may  be  reco- 
vered by  the  prevailing  party. 

The  eleventh  title  relates  to  the 
distraining  of  cattle  and  other  chat- 
tels doing  damage,  &c.  When  dis- 
trained, they  are  to  be  kept  in  some 
secure  place  other  than  the  public 
pound,  until  the  damages  be  appraised. 
Within  twenty-four  hours  after  such 
distress,  application  is  to  be  made  to 
the  fence- viewers  of  the  town,  to  ap- 
praise the  damage.  They  are  to  re- 
pair  to  the  place,  and  are  authorized 
to  examine  witnesses  in  relation  to 
the  damage  and  the  sufficiency  of  any 
fence  around  the  premises,  and  are 
to  certify  the  amount  of  the  damage 
and  of  their  fees.  Within  twentv-four 


NEW  YORK. 


[101 


hours  after  the  damages  are  appraised, 
unless  the  amount,  &c.,  shall  have 
been  paid,  the  cattle  may  be  put  in 
the  nearest  pound  in  the  county 
where  distrained,  until  sold,  or  reple- 
vied,  or  until  the  damages  are  paid. 
If  not  replevied,  the  pound  master 
shall  sell  as  many  of  them  as  shall  be 
necessary,  within  six  days,  at  public 
vendue,  giving  forty-eight  hours  no- 
tice of  such  sale  by  fixing  up  an  ad- 
vertisement at  the  pound  and  the 
nearest  public  place.  The  proceeds 
of  the  sale  are  to  be  applied  to  the 
payment  of  the  fees  of  the  pound- 
master,  of  the  fence  viewers,  and  the 
amount  of  the  damages,  and  the  sur- 
plus is  to  be  paid  to  the  owner  of  the 
beasts.  If  no  ownej  claim  such  sur- 
plus within  a  year,  it  is  to  be  paid  over 
to  the  overseers  of  the  poor.  When 
inanimate  goods  or  chattels  are  dis- 
trained, they  are  to  be  kept  in  a  safe 
place  until  the  damage  is  appraised, 
and  the  goods  disposed  of.  Two 
fence-viewers  of  the  town  are  to  be 
applied  to,  to  appraise  the  damage. 
The  fence-viewers  are  to  proceed  in 
the  same  manner,  as  they  do  with  re- 
spect to  cattle  doing  damage,  and  in  ad- 
dition thereto  they  are  to  estimate  and 
certify  the  value  of  the  distrained  pro- 
perty. The  distrainer  is  to  give  no- 
tice of  the  sale,  which  is  to  be  at  least 
ten  days  from  the  time  of  the  notice. 
If  the  property  exceed  fifty  dollars 
in  appraised  value,  a  notice  is  to  be 
given  in  the  nearest  newspaper,  and 
the  time  of  sale  is  to  be  at  least  thirty 
days  from  the  notice.  If  the  goods 
be  not  removed,  and  the  damages,  &c., 
paid,  by  the  time  appointed  for  the 
sale,  the  distrainer  shall  apply  to  the 
sheriff,  or  one  of  the  constables  of  the 
town,  to  sell  the  goods.  The  officer 
is  to  proceed  in  the  sale  of  the  goods, 
in  the  same  manner  as  on  executions 
against  personal  property  in  civil 
cases.  The  proceeds  of  such  sale  are 
to  be  applied  to  the  payment  of  the 
damages,  and  the  expenses  incurred, 
and  the  balance,  if  any  remain,  is  to 
be  paid  to  the  county  treasurer,  for 
the  use  of  the  owner  of  such  property, 
or  his  legal  representatives. 


The  court  of  common  pleas,  upon 
the  application  of  the  owner  of  such 
property  or  his  representatives,  will 
direct  the  county  treasurer  to  pay 
over  such  balance  to  the  owner,  after 
deducting  a  commission  of  five  per 
cent.  If  the  court  entertain  any  doubt 
of  the  ownership  of  such  property, 
before  ordering  the  balance  to  be  paid 
over,  they  shall  require  the  claimant 
to  execute  a  bond,  conditioned  to  pay 
the  balance  to  any  person,  who  shall 
establish  his  right  to  the  same  within 
two  years.  When  any  officer  is  au- 
thorized by  the  provisions  of  any  sta- 
tute, to  distrain  on  any  property,  he 
is  required  to  give  at  least  five  days' 
notice  of  the  sale  of  such  property. 
Before  such  sale,  an  appraisal  of  the 
property  is  to  be  made,  with  an  inven- 
tory of  the  property.  Within  ten 
days  after  the  sale,  an  affidavit,  speci- 
fying the  cause  of  the  distress,  and  of 
the  notice  required  is  to  be  given,  and 
the  certificate  and  the  inventory  of 
the  appraisers,  is  to  be  filed  with  the 
clerk  of  the  place  where  the  sale  is 
made.  Unless  proof,  &c.,  is  made, 
the  officer  making  the  distress,  shall 
forfeit  to  the  owner  of  the  property 
sold,  twenty-five  dollars.  The  pro- 
ceeds of  the  sale  are  to  be  applied  to 
the  payment  of  the  damages  and  ex- 
penses incurred,  and  the  residue  is 
to  be  paid  over  to  the  treasurer  of  the 
county.  -Such  residue  may  be  ob- 
tained by  the  owners  of  the  property 
sold,  in  the  same  manner  as  the  ba- 
lance remaining  after  the  sale  of  inani- 
mate chattels. 

The  twelfth  treats  of  the  action  of 
replevin.  This  action  may  be  brought 
for  the  recovery  of  goods  wrongfully 
taken,  distrained  or  detained,  except 
in  cases  afterwards  specified.  When 
brought  to  recover  goods  distrained, 
the  venue  must  be  laid  in  the  county 
where  the  distraint  was  made.  It  does 
not  lie  for  the  recovery  of  property 
taken  by  virtue  of  any  warrant  for 
the  collection  of  any  tax,  &c.,  nei- 
ther does  it  lie  at  the  suit  of  the  de- 
fendant in  execution,  to  recover  goods 
or  chattels  seized  by  virtue  of  any 
execution  or  attachment,  unless  such 


102] 


ANNUAL  REGISTER— 1827-8-9. 


chattels  are  exempted  by  law  from 
such  execution,   nor    does    replevin 
lie  at  the  suit  of  any  other  person, 
unless  he  shall,  at  the  time,  have  a 
right  to  reduce  them  to  possession. 
Replevin  is  to  be  commenced  by  writ, 
which  shall  not  be  executed  until  the 
plaintiff,  or  some  one  for  him,  make 
an  affidavit,  that  he  is  the  owner  of 
the  property  described  in  the  writ, 
and  entitled  to  the  possession  of  the 
same  ;  that  the  same  was  not  seized 
upon  warrant  or  execution,  against 
the  goods  of  the  plaintiff;  and  shall 
also   execute  a  bond,  with  sureties, 
&c.,  to  prosecute  his  suit  without  de- 
lay ;  and  in  case  judgment  be  against 
him,  and  a  return  of  the  property  be 
awarded,  to  return  the  same  and  to 
pay  such  sum  of  money  as  the  defen- 
dant in  the  action  shall  recover  against 
him.     The  sheriff  shall  execute  the 
writ  by  delivering  possession  of  the 
property  named   in  the  writ,  to  the 
plaintiff  or  agent,  and  by  summoning 
the  defendant  according  to  the  tenor 
of  the  writ.    If  the  property  to  be  re- 
plevied,  or  any  part  of  it  be  secured 
or  concealed  in  any  building  or  enclo- 
sure, the  officer  shall  publicly  demand 
the  deliverance  thereof;  and  if  it  be 
not  delivered  he  shall  cause  the  house 
or  building  to  be  broken  open,  and 
shall  make  replevin  according  to  the 
writ.     If  the  property  be  concealed, 
so  that  the  sheriff  cannot  make  deli- 
very thereof,  he  shall  arrest  the  body 
of  the  defendant,  and  keep  him  in 
custody,   until  the   property  is   deli- 
vered.   The  defendant  shall  be  dis- 
charged from  custody  upon  executing 
a  bond  with  sureties,  &c.,  to  abide  the 
order  and  judgment  of  the  court  in 
such  action,  and  that  he  will  cause 
special  bail  to  the  action  to  be  put  in, 
if  required.     If  any  person,  who  shall 
be  in  possession  of  the  goods   and 
chattels  specified  in  the  writ,  shall 
claim  property  therein,  the  sheriff  shall 
summon  a  jury  to  try  the  validity  of 
such  claim.     Notice  is  to  be  given 
to  the  parties.     Process  of  subprena 
may  be  issued  to  compel  the  atten- 
dance of  witnesses,   and  the  sheriff 
shall  have  power  to  administer  oaths 


to  the  witnesses  and  jury.  If  the  ju- 
ry find  that  the  property  is  not  in  the 
person  claiming  the  goods,  the  sheriff 
is  to  deliver  them  to  the  plaintiff:  if 
the  jury  find  in  favour  of  the  person 
claiming,  then  the  sheriff  shall  not 
deliver  them  to  the  plaintiff,  unless  he 
be  indemnified,  and  the  fees,  &c.,  are 
refunded  to  the  claimant.  If  an  offi- 
cer to  whom  the  writ  of  replevin  is 
directed,  shall  deliver  to  the  plaintiff 
any  goods  claimed  before  the  same  is 
inquired  into,  he  forfeits  to  the  person 
making  the  claim,  $250,  besides  being 
liable  for  damages.  If  the  goods  spe- 
cified have  not  been  delivered  to  the 
plaintiff,  he  may  proceed  in  his  action 
for  the  recovery  of  their  value.  The 
writ  of  replevin  is  to  be  returned  be- 
fore the  return  day  thereof,  and  the 
sheriff  is  to  state  in  what  manner  he 
has  executed  it,  and  is  to  annex  to  it 
the  affidavit  and  the  names  of  the 
persons  who  were  sureties  in  the 
bond  taken  for  the  plaintiff.  The 
manner  in  which  the  action  is  to  pro- 
ceed is  then  prescribed. 

No  aid-prayer  is  to  be  hereafter  al- 
lowed in  an  action  of  replevin.  With 
the  general  issue,  the  defendant  may 
give  notice  of  any  matters,  which,  if 
properly  pleaded  by  avowry,  or  plea, 
would  be  a  bar  to  the  action.  In  an- 
swer to  any  avowry,  the  plaintiff  may 
plead  as  many  matters,  as  he  shall 
think  necessary  for  his  defence.  Af- 
ter issue  joined,  either  party  may  give 
notice  of  trial. 

When  property,  distrained  for  rent, 
is  replevied,  the  defendant  may  make 
a  suggestion  in  the  nature  of  an  avow- 
ry for  the  rent  in  arrear;  a  writ  of 
inquiry  is  to  be  awarded  to  the  sheriff, 
to  ascertain  the  sum  due.  If  the  pro- 
perty distrained  is  not  equal  to  the 
rent  in  arrear,  the  party  to  whom  such 
rent  is  due  may  distrain  again  for  the 
residue. 

Every  judgment  recovered  in  an 
action  of  replevin,  shall  be  docketed 
and  have  the  like  effect  as  a  charge 
upon  real  estate,  as  judgments  in 
personal  actions.  The  writ  of  wither- 
nam,  and  all  writs  of  second  deliver- 
ance, are  abolished.  Either  party 


NEW  YORK. 


[103 


in  an  action  pending  in  the  court  of 
common  pleas,  may  remove  the  same 
into  the  supreme  court,  by  writ  of 
certiorari. 

Title  thirteenth  treats  of  proceed- 
ings as  for  contempts,  to  enforce  civil 
remedies,  and  to  protect  the  rights  of 
parties  in  civil  actions.  Every  court 
of  record  has  power  to  punish  for  any 
neglect  or  violation  of  duty,  or  any  mis- 
behaviour by  which  the  rights  or  re- 
medies of  any  party  in  a  cause  de- 
pending in  such  court  may  be  defeat- 
ed, impaired,  &c.  As  in  the  case  of 
attorneys,  sheriffs,  &c.,  for  misbeha- 
viour in  their  office  or  trust ;  in  case 
of  persons  not  paying  over  money 
when  so  ordered,  and  an  execution 
cannot  be  awarded  for  the  collection 
of  such  money ;  in  case  of  persons 
summoned  as  witnesses,  refusing  to 
attend  or  to  be  sworn ;  in  case  of  ju- 
rors conversing  with  a  party  to  a 
suit,  without  disclosing  the  same  to 
the  court,  and  for  other  improper  con- 
duct ;  and  in  all  other  cases,  where 
attachments  and  proceedings  as 
for  contempts  have  been  usually 
adopted  and  practised  in  courts  of  re- 
cord. If  such  missonduct  is  commit- 
ted in  the  presence  of  the  court,  it 
maybe  punished  summarily ;  if  not  so 
committed,  it  must  be  proved  by  affida- 
vit, &c.,  and  the  party  accused  shall 
have  a  reasonable  time  to  make  his 
defence,  except  in  cases  of  diy obedi- 
ence to  any  rule  requiring  him  to  pay 
money,  or  of  disobedience  to  any 
subpoena.  If  the  party  charged  with 
misconduct  be  in  custody  by  virtue  of 
an  execution,  he  may  be  brought  up 
by  a  writ  of  habeas  corpus,  to  answer 
for  such  misconduct.  When  an  at- 
tachment is  issued  by  the  special  or- 
der of  any  court,  such  court  shall  di- 
rect the  penalty  in  which  the  defend- 
ant shall  give  a  bond  for  his  appear- 
ance. When  issued  without  such 
order,  application  is  to  be  made  to  a 
judge  of  the  court,  or  some  officer  au- 
thorized to  perform  the  duty  of  such 
judge,  to  determine  the  penalty,  in 
which  he  shall  give  bond  for  his  ap- 
pearance ;  and  upon  giving  such  bond, 
the  defendant  is  to  be  discharged  from 


arrest  on  such  attachment.  When 
an  attachment  is  issued  by  special  or- 
der of  the  court,  a  certificate  is  to  be 
made  upon  it  to  that  effect ;  and  if  no 
penalty  is  mentioned  upon  it,  the  de- 
fendant shall  not  be  discharged  from 
arrest  upon  executing  a  bond  or  an  at- 
tachment issued  without  such  spe- 
cial order,  and  no  penalty  endorsed 
thereon,  the  defendant  is  to  be  dis- 
charged from  arrest,  upon  executing  a 
bond  in  the  penalty  of  $1 00.  When  the 
defendant  is  brought  up  on  the  at- 
tachment, he  is  to  be  examined  under 
oath,  and  other  proofs  may  be  receiv- 
ed, contradictory  of  the  answers  of 
the  defendant.  Such  contradictory 
evidence  was  not  admissible  under 
the  old  law ;  but  the  defendant  was 
to  be  discharged,  and  could  only  be 
proceeded  against  by  an  indictment 
for  perjury.  If  the  defendant  is  ad- 
judged guilty  of  the  alleged  misbeha- 
viour, a  fine  shall  be  imposed  suffi- 
cient to  indemnify  the  party  injured, 
and  to  satisfy  his  costs  and  expenses. 
Persons  proceeded  against  according 
to  the  provisions  of  this  title,  are  also 
liable  to  indictment  for  the  same  mis- 
conduct, if  it  be  an  indictable  of- 
fence. 

If  the  defendant  against  whom  an 
attachment  issue,  do  not  appear  on 
the  return  day  thereof,  the  court  may 
award  another  attachment,  or  direct 
the  bond  to  be  taken  on  the  arrest  to 
be  prosecuted,  or  both.  Any  miscon- 
duct, which  may  be  punished  by  fine  or 
imprisonment,  by  the  provisions  of  this 
title,  and  which  shall  have  occurred  at 
the  circuit  court,  or  on  any  reference 
to  proceedings  pending  in  such  court, 
and  which  may  not  have  been  punish- 
ed by  such  court,  maybe  inquired  into 
and  punished  by  the  supreme  court. 
If  any  person  duly  subpoenaed  to  at- 
tend at  any  circuit  court,  shall  refuse 
to  attend,  the  court  may  award  an  at- 
tachment against  him. 

Title  fourteenth  contains  the  law 
on  arbitrations.  All  persons,  except 
infants,  married  persons,  and  persons 
of  unsound  mind,  may,  by  an  instru- 
ment in  writing,  submit  any  contro- 
versy they  may  have,  except  where 


104] 


ANNUAL  REGISTER— 1827-8-9. 


otherwise  provided,  to  individuals  to 
decide,  and  may  agree  in  such  sub- 
mission, that  a  judgment  of  any  court 
of  record  shall  be  rendered  upon  the 
award.  No  such  submission  can  be 
made  respecting  the  claim  of  any  per- 
son to  any  real  estate  in  fee  or  for 
life ;  but  any  claim  to  an  interest  for 
years,  or  controversies  about  bounda- 
ry lines,  &c.,  may  be  submitted.  The 
arbitrators  shall  appoint  a  time  and 
place  for  the  hearing,  and  are  to  be 
sworn.  Witnesses  may  be  compelled 
to  appear  before  therapy  subpoenas, 
issued  by  any  justice  of  the  peace;  and 
the  oaths  to  them,  and  also  to  the  ar- 
bitrators, may  be  administered  by  a 
judge  of  any  court  of  record,  or  by  a 
justice  of  the  peace.  All  arbitrators 
must  hear  the  proof  and  allegations 
of  the  parties ;  but  a  majority  of  them 
may  make  an  award,  unless  it  is  oth- 
erwise expressly  required  in  the  sub- 
mission. The  award  must  be  in  wri- 
ting, signed  by  the  arbitrators  making 
it,  and  attested  by  a  subscribing  wit- 
ness, to  enable  it  to  be  enforced  ac- 
cording to  the  provisions  of  this  title. 
The  award  may  be  set  aside  by  the 
court  designated  in  the  submission, 
on  the  ground  of  fraud,  corruption, 
and  certain  other  enumerated  rea- 
sons, and  they  may  modify  or  correct 
it  in  case  of  an  evident  miscalcula- 
tion of  figures,  where  the  award  is 
imperfect  in  matter  of  form,  not  af- 
fecting the  merits  of  the  controversy, 
&c.  Every  application  to  vacate  or 
modify  an  award  must  be  made  at  the 
next  term  after  its  publication.  The 
court  may  vacate  the  award  in  the 
cases  specified,  or  they  may  direct  a 
rehearing  by  the  arbitrators,  if  the 
time  within  which  the  award  was  re- 
quired to  be  made  shall  not  have  ex- 
pired. Upon  the  award  being  con- 
firmed, judgment  thereon  shall  be  ren- 
dered. A  record  of  the  judgment 
shall  be  made,  and  it  is  to  be  filed  and 
docketted  as  judgments  in  other  cases, 
and  is  to  have  the  same  force  and  ef- 
fect. 

The  court,  to  which  a  writ  of  error 
from  such  judgment  shall  be  returned, 
shall  reverse,  modify,  or  amend,  or 


affirm  such  judgment  or  any  part 
thereof  according  to  justice.  Nothing 
contained  in  this  title  is  to  affect  in 
any  way  the  power  and  authority  of 
the  court  of  chancery  over  arbitrators 
and  awards,  or  to  affect  the  right  of 
action  upon  any  award  or  any  engage- 
ment to  abide  by  an  award. 

Neither  party  can  revoke  the  pow- 
ers of  the  arbitrators  after  the  cause 
shall  have  been  submitted  to  them, 
upon  a  hearing  of  the  parties  for  de- 
cision. 

Title  fifteenth  relates  to  the  fore- 
closure of  mortgages  by  advertise- 
ment. Every  mortgage  of  real  es- 
tate hereafter  executed  by  any  person 
over  twenty-one  years  of  age,  con- 
taining a  power  to  any  person  to  sell 
euch  estate  upon  default  being  made 
in  any  condition  of  such  mortgage, 
may  be  foreclosed  by  advertisement. 
Before  advertisement  is  made,  it  is 
necessary  that  some  default  in  the 
condition  of  the  mortgage  shall  have 
occurred  ;  that  no  suit  has  been  com- 
menced at  law  to  recover  the  debt  se- 
cured by  the  mortgage,  or  if  com- 
menced, that  it  has  been  discontinued, 
or  an  execution  upon  the  judgment 
thereon  has  been  returned  unsatisfied 
in  whole  or  in  part,  and  the  power  of 
sale  or  mortgage  containing  the  same 
has  been  duly  registered  or  recorded. 
Notice  that  such  mortgage  will  be 
foreclosed  is  to  be  duly  published  in  a 
newspaper  printedlinthe  county  ,where 
the  premises  are  situated ;  and  such 
notice  is  also  to  be  affixed  on  the  outer 
door  of  the  building  where  the  county 
courts  are  held  twenty-four  weeks 
prior  to  the  sale.  The  sale  may  be 
postponed  from  time  to  time.  The 
original  notice  is  to  specify  the  names 
of  the  mortgagor  and  of  the  mortgagee, 
a  description  of  the  premises  to  be 
sold,  &c.  The  sale  is  to  be  at  public 
auction,  in  the  day  time,  and  in  the 
county  where  the  premises  are,  ex- 
cept in  sales  on  mortgages  to  the  peo- 
ple of  this  state,  in  which  case  they 
may  be  at  the  capitol  in  Albany.  The 
mortgagee  assignee,  or  their  represen- 
tatives may,  in  good  faith,  purchase 
the  premises.  Such  sale  shall  not 


NEW  YORK, 


[105 


bffect  in  any  way  any  mortgagee  whose 
title  prior  to  such  sale,  nor  any  credi- 
tor to  whom  the  mortgaged  premises, 
or  any  part  thereof  were  bound  by  any 
judgment  at  law  or  decree  in  equity. 
The  affidavits  of  sale,  of  the  publica- 
tion, and  of  the  affixing  up  the  notice, 
and  after  being  certified  by  any  judge 
of  a  court  of  record,  or  other  authori- 
zed person,  may  be  filed  in  the  offUe 
of  the  clerk  of  the  county,  and  shall 
be  presumptive  evidence  of  sale,  and 
when  purchase  is  made  by  a  mortgagee, 
shall  have  the  same  effect  as  convey- 
ance made  by  him.  Nothing  in  this 
title  shall  affect  the  provision  contain- 
ed, in  the  sixth  title  of  the  ninth  chap- 
ter of  the  first  part  of  the  Revised  Sta- 
tutes. 

Title  sixteenth  relates  to  the  drain- 
ing of  swamps  &c.  Any  person  own- 
ing any  bog,  swamp,  &c.,  in  any  coun- 
ty in  the  state,  except  in  the  county 
of  Orange,  who  deems  it  necessary  to 
make  a  ditch  through  the  land  of 
another  to  drain  the  same,  may  apply 
to  any  justice  of  the  peace  in  that  town 
to  issue  a  summons  for  a  jury  to  deter- 
mine the  damages,  that  would  result 
from  making  such  ditch.  The  jury 
are  personally  to  examine  the  premi- 
ses, and  to  assess  the  damages,  that 
would  result  to  the  owner  of  the  land 
from  making  such  ditch.--;  and  upon 
payment  of  the  damages  so  assessed, 
the  person,  applying  for  the  inquiry, 
shall  have  a  right  to  make  it,  and  af- 
terwards to  clear  and  keep  it  open. 
Any  person  who  shall  dam  up  or  ob- 
struct such  ditch  is  liable  to  pay  to  the 
owner  of  the  bog,  swamp,  &c.,  to  be 
drained,  double  the  damages  assessed 
by  a  jury  for  the  injury  sustained. 

Title  seventeenth  contains  miscel- 
laneous provisions  concerning  suits 
and  proceedings  in  civil  cases.  Every 
person,  who  shall  cause  any  one  to  be 
arrested  in  the  name  of  another  with- 
out his  consent,  vexatiously,  is  liable  to 
punishment,  fine,  &c.  No  inhabitant 
is  disqualified  from  being  a  juror  or 
witness  in  a  suit  brought  to  recover 
any  penalty,  which  is  forfeited  to  the 
town,  neither  is  any  officer  on  such 
ground  disqualified  from  summoning 

VOL.  III.  14 


a  jury  in  such  cause.  A  juror  sum- 
moned to  inquire  into  any  special 
proceeding  before  a  circuit  judge,  and 
neglecting  to  attend  is  liable  to  a  fine 
of  $25.  When  such  fine  is  imposed, 
notice  is  to  be  given  to  the  person  fined, 
so  that  he  may  render  an  excuse  to  the 
officer  imposing  it,  if  he  have  one,  in 
order  that  the  same  may  be  remitted. 
Every  officer  required  to  take  any  sure- 
ties or  bail,  is  authorized  to  administer 
oaths  to  ascertain  their  sufficiency. — 
Provision  is  also  made  for  the  payment 
of  costs  which  shall  be  duefrom  the  peo- 
ple of  this  state,as  if  suits  were  between 
individuals.  The  rule  has  heretofore 
been  that  states  as  sovereigns  do  not 
pay  costs,  when  defeated  in  suits. 
The  action  of  detinue  and  proceed- 
ings to  outlaw  any  defendant  are  abol- 
ished. Trespass  on  the  case  may  be 
brought  for  any  wrongful  act  to  "the 
person,  personal  property,  or  rights  of 
another,  or  to  his  wife,  servant,  or 
child,  whether  the  injury  be  direct  or 
consequential.  In  an  action  for  a 
certain  sum  of  money  or  for  a  casual 
and  involuntary  trespass,  the  defen- 
dant may  make  tender  of  such  sum, 
and  of  the  costs  already  incurred,  as 
he  considers  the  plaintiff  entitled  to ; 
and  if  judgment  be  not  for  a  greater 
sum,  he  shall  be  entitled  to  his  costs 
that  accrued  subsequent  to  the  tender. 
If  the  tender  be  accepted  by  the  plain- 
tiff, who  proceeds  in  the  action  and 
recovers  a  greater  amount  than  the 
tender,  the  sum  accepted  is  to  be  de- 
ducted from  the  amount  recovered, 
and  judgment  rendered  for  the  resi- 
due. If  a  jury,  after  being  kept  toge- 
ther for  a  reasonable  time  cannot 
agree,  they  may  be  discharged,  and 
another  jury  may  be  summoned,  be- 
fore whom  the  same  proceedings  may 
be  had  as  before  the  jury  discharged. 
When  any  duty  or  authority  is  confi- 
ded by  law  to  three  or  more  persons, 
such  duty  or  authority  may  be  per- 
formed by  a  majority  upon  a  meeting 
of  all  such  persons,  unless  special  pro- 
vision is  otherwise  made. 

Provision  is  made  to  compel  indi- 
viduals, who  refuse  to  give  testimony 
in  motions  pending  before  the  supreme 


100J 


ANNUAL  REGISTER— 1827-8-9. 


court  to  make  affidavit  to  such  facts 
as  are  within  their  knowledge.  This 
power  was  no  where  vested  before  : 
law  courts,  only  having  the  pow- 
er to  take  parol  testimony. 

When  a  county  is  divided,  judge- 
ment may  be  renewed,  and  proceed- 
ings had  in  county  courts  as  though 
no  division  had  taken  place. 

Chapter  ninth  relates  to  the  writ 
of  habeas  corpus,  to  appeals,  in- 
formations, &c.  It  is  divided  into 
three  titles,  which  are  subdivided  into 
articles.  Title  first  is  divided  into 
three  articles.  The  first  article  treats 
of  the  writ  of  habeas  corpus  to  bring 
up  a  person  to  testify,  or  to  answer 
in  certain  cases.  Any  court  of  record, 
or  the  chancellor,  or  a  justice  of  the 
supreme  court,  has  a  right  to  issue  it 
upon  the  application  of  a  party,  by 
affidavit,  stating  the  name  of  the  suit, 
and  that  the  witness  is  material,  &c. 
If  the  return  to  the  writ  so  issued,  be 
that  the  prisoner  is  in  confinement  on 
a  civil  or  criminal  process,  he  is  to  be 
remanded  after  he  has  testified. 

Any  claimant  of  a  fugitive  from  la- 
bour or  service  in  another  state,  upon 
making  due  proof  of  his  title  to  such 
labour,  may  have  this  writ  to  bring  up 
such  fugitive  before  the  officer  issuing 
the  writ.  If  the  officer  is  satisfied 
that  the  claimant  is  entitled  to  such 
service,  he  shall  grant  him  a  certifi- 
cate, stating  the  same,  which  shall 
authorize  the  claimant  to  take  such 
fugitive  out  of  the  state.  If  the  offi- 
cer is  not  so  satisfied,  the  fugitive 
shall  be  discharged,  and  the  claimant 
forfeit  to  him  one  hundred  dollars, 
which  he  may  recover  together  with 
the  damages  he  has  sustained. — 
Though  a  writ  of  habeas  corpus  be 
served,  the  fugitive  is  entitled  to 
bring  his  writ  of  homine  replegiando, 
which  suspends  all  proceedings  upon 
any  writ  of  habeas  corpus  that  may 
have  issued  to  apprehend  him.  Any 
person  attempting  to  remove  a  fugi- 
tive from  this  state  without  the  certi- 
ficate heretofore  mentioned,  or  before 
a  judgment  upon  a  writ  of  homine  re- 
plegiando, shall  forfeit  five  hundred 
dollars  to  the  party  aggrieved.  Arti- 


cle second  of  this  title,  relates  to  the 
issuing  a  writ  of  habeas  corpus,  or  of 
certiorari,  to  inquire  into  the  cause  of 
the  detention  of  a  prisoner.  Any  per- 
son detained  under  any  pretence  what- 
soever, may  prosecute  either  of  these 
writs,  according  to  the  provisions  of 
this  article,  except,  1st,  when  he  is  de- 
tained by  virtue  of  any  process,  issu- 
ing from  any  court  of  the  United 
States,  or  judge  thereof,  having  ex- 
clusive jurisdiction  of  the  same. — 
Second,  when  detained  by  virtue  of 
the  final  judgment  or  decree  of  any 
competent  tribunal  of  civil  or  criminal 
jurisdiction,  or  by  virtue  of  any  exe- 
cution issued  upon  such  judgment  or 
decree ;  but  no  order  of  commitment 
for  any  alleged  contempt,  shall  be 
deemed  such  judgment  or  decree.  Ap- 
plication for  such  writ  is  to  be  made 
by  petition  to  the  supreme  court,  dur- 
ing its  sitting ;  or  during  the  term  or 
vacation  of  such  court,  it  may  be 
made  to  any  justice  thereof,  at  cham- 
bers, or  to  any  person  authorized  to 
perform  the  duties  of  such  justice,  or 
it  may  be  made  to  the  chancellor  of 
the  state.  Such  petition  must  state 
first,  that  the  person  applying  for  the 
writ,  is  detained,  where  and  by  whom 
he  is  detained,  and  the  names  of  the 
parties,  if  known.  Secondly,  that  the 
person  is  not  detained  in  one  of  the 
excepted  cases,  in  which  the  writ  can- 
not issue.  Thirdly,  it  must  state  the 
cause  of  detention,  if  known.  Fourth- 
ly, if  the  restraint  is  by  virtue  of  any 
warrant  or  process,  a  copy  thereof 
must  be  annexed  to  the  petition,  or  it 
must  be  avowed,  that  a  demand  of  such 
copy  could  not  be  made  in  conse- 
quence of  the  persons  being  removed 
before  the  application;  or  if  made, 
that  the  legal  fees  therefor,  were  ten- 
dered, but  that  the  copy  was  refused. 
Fifthly,  if  the  imprisonment  be  alleg- 
ed to  be  illegal,  it  must  be  stated 
wherein  it  is  illegal.  Sixthly,  it  must 
be  stated  whether  a  writ  of  habeas 
corpus  or  certiorari  is  applied  for ; 
and  lastly  it  must  be  verified  by  the 
oath  of  the  applicant.  The  writ  ap- 
plied for  by  such  petition,  shall  be 
granted  without  delay,  and  tho  form 


NEW  YORK. 


[107 


of  such  writ  is  given  in  this  article. 
It  is  not  to  be  disobeyed  for  want  of 
form,  and  it  is  sufficient  to  designate 
the  person  to  whom  it  is  directed,  by 
his  own  name,  or  that  of  his  office,  or 
by  an  assumed  name,  and  any  person 
to  whom  it  is  delivered,  is  bound  to 
make  a  return  on  it.  The  person  in 
custody,  may  be  designated  in  any 
way  so  as  to  describe  him,  when  his 
name  is  unknown. 

When  the  supreme  court,  or  any 
circuit  judge  shall  have  evidence  from 
any  judicial  proceeding  before  them, 
that  a  person  is  illegally  restrained 
of  his  liberty,  they  shall  issue  a  writ 
of  habeas  corpus,  without  application 
being  made  for  such  writ.  Any  offi- 
cer, authorized  to  issue  such  writ, 
who  shall  refuse  to  do  the  same  when 
legally  applied  for,  shall  forfeit  one 
thousand  dollars. 

The  manner  in  which  a  return  is  to 
be  made  to  such  writ,  is  prescribed. 
Any  person,  upon  whom  such  writ  of 
habeas  corpus  or  certiorari  shall 
have  been  duly  served,  omitting  to 
produce  the  party  named  in  such  writ 
of  habeas  corpus,  or  to  make  due  re- 
turn to  such  writ  of  certiorari,  with- 
out sufficient  excuse,  is  liable  to  an 
attachment,  and  to  be  committed  to 
close  custody  till  he  comply.  The 
court  or  judge,  on  the  return  of  the 
writ,  shall  proceed  to  examine  into 
the  cause  of  the  detention ;  and  if  no 
legal  cause  be  shown  for  such  deten- 
tion, the  party  shall  be  discharged 
from  such  restraint.  The  party  shall 
not  be  discharged  if  it  appear  that  he 
is  detained  in  custody  by  legal  au- 
thority, as  enumerated  above.  If  any 
party  to  be  produced  by  a  writ  of  ha- 
beas corpus,  is  too  unwell  to  be  pro- 
duced, the  party  in  whose  custody  he 
is,  may  state  such  fact  in  his  return, 
and  if  the  court  is  satisfied  of  the 
truth  of  such  allegation,  the  court  may 
proceed  to  inquire  into  the  cause  of 
imprisonment,  the  same  as  if  a  writ 
of  certiorari  had  been  issued  instead 
of  such  writ  of  habeas  corpus.  If  a 
writ  of  habeas  corpus  is  applied  for, 
and  the  court  are  satisfied  upon  the 
matters  set  forth  in  the  petition,  that 


the  cause  for  which  the  party  is  in 
custody  is  not  bailable,  instead  of 
awarding  a  writ  of  habeas  corpus, 
a  writ  of  certiorari  may  be  granted 
in  the  same  manner  as  if  it  had  been 
applied  for.  Upon  the  return  of  such 
writ,  the  court  shall  proceed  in  the 
same  manner  as  upon  returns  to 
writs  of  habeas  corpus.  If  upon  the 
return  to  a  certiorari,  it  shall  appear 
that  the  person  detained,  is  entitled 
to  bail,  the  court  shall  direct  him  to 
be  bailed,  and  upon  filing  such  bail, 
&c.,  the  party  shall  be  discharged. 
Obedience  to  any  writ  of  discharge, 
may  be  enforced  by  attachment,  and 
the  officer  obeying  such  writ,  is  not 
liable  to  any  civil  action.  No  one 
person  once  discharged  by  the  order  of 
any  court  or  officer,  upon  a  habeas 
corpus  or  certiorari,  shall  be  again 
detained  for  the  same  cause.  It  is 
also  declared  what  shall  not  be  con- 
sidered the  same  cause.  Any  person 
who  shall  violate  this  provision,  shall 
forfeit  to  the  party  aggrieved,  two 
hundred  and  fifty  dollars,  and  be  also 
deemed  guilty  of  a  misdemeanour. 
Any  one  having  in  his  custody  a  per- 
son entitled  to  a  writ  of  habeas  cor- 
pus or  certiorari,  who  shall  transfer 
such  prisoner  to  the  custody  of  an- 
other, for  the  purpose  of  eluding  such 
writ,  shall  be  deemed  guilty  of  a  mis- 
demeanour, and  be  liable  to  be  fined 
and  imprisoned.  Whenever  it  shall 
appear  by  satisfactory  proof,  that  any 
person  is  in  illegal  confinement,  and 
that  there  is  danger  he  will  be  carried 
from  the  state  before  he  can  be  re- 
lieved by  a  writ  of  habeas  corpus  or 
certiorari,  a  warrant  may  be  issued 
by  the  court,  directing  the  officer  to 
whom  the  warrant  is  directed,  to 
bring  the  prisoner,  and  in  some  cases, 
the  person  detaining  him,  before  the 
court.  If  the  person  detaining  the 
prisoner  is  brought  up,  he  may  be 
committed  or  bailed,  &c.,  as  in  other 
criminal  proceedings  or  unlawful  de- 
tention. Proceedings  upon  a  writ  of 
habeas  corpus  and  certiorari  may  be 
carried  up  to  the  supreme  court,  and 
from  the  supreme  court  to  the  court 
of  errors.  The  provisions  of  the 


108] 


ANNUAL  REGISTER— 1827-8-9. 


common  law  in  regard  to  the  writ  of 
habeas  corpus  treated  of  in  this  arti- 
cle, are  abolished,  except  so  far  as 
they  may  be  necessary  to  carry  the 
provisions  of  this  article  into  effect. 
Article  third  of  this  title  contains 
general  provisions  about  issuing  writs 
of  habeas  corpus,  certiorari,  or  dis- 
charge, which  need  not  be  here  enu- 
merated. 

Title  second,  of  the  ninth  chapter, 
relates  to  the  proceedings  by  scire  fa- 
cias, mandamus,  &c.  Article  first, 
of  this  title,  treats  of  scire  facias. 
This  writ  may  be  brought  to  revive  a 
judgment,  when  execution  shall  not 
have  issued  upon  it  within  the  time 
allowed  by  law  after  the  riling  of  the 
record  of  the  judgment ;  it  may  also 
be  issued  to  revive  a  judgment  against 
the  personal  representatives  of  a  de- 
ceased defendant.  It  may  also  be 
brought  to  revive  a  judgment  against 
tenants  of  any  real  estate.  Such 
tenants  may  plead  in  abatement,  that 
there  are  other  tenants  who  ought  to 
be  joined  with  them.  This  provision 
is  intended  to  prevent  the  old  method 
of  protracting  a  cause  by  pleading, 
that  there  are  terre-tenants  who  ought 
to  contribute.  But  a  tenant  who  ne- 
glects so  to  plead  in  abatement,  is 
not  precluded  from  resorting  to  his 
co-tenant  for  contribution.  A  writ 
of  scire  facias  may  also  be  issued 
from  the  supreme  court,  for  the  pur, 
pose  of  vacating  or  annulling  any  let- 
ters patent,  granted  by  the  people  of 
this  state.  The  cases,  in  which  it 
may  issue  for  such  purpose,  are  enu- 
merated. This  writ  may  also  issue 
to  vacate  acts  of  incorporation,  when 
procured  by  fraudulent  suggestion  or 
concealment.  But  in  that  case,  before 
it  is  issued,  it  must  be  specially  direc- 
ted by  the  legislature  to  be  issued. 
Provisions  are  also  made,  declaring 
the  course  of  proceeding  under  such 
writs,  and  obviating  the  questions  con- 
stantly arising  under  the  mysterious 
and  confused  directions  of  the  English 
books  of  practice. 

Article  second  treats  of  informa- 
tions in  the  nature  of  a  quo  warranto, 
and  in  certain  other  cases.  An  infor- 


mation in  the  nature  of  a  quo  war- 
ranto may  be  filed  by  the  attorney 
general,  in  the  supreme  court  of  this 
state,  upon  his  own  relation,  or  of  a 
private  person,  either  when  a  person 
shall  unlawfully  usurp  or  intrude  into 
any  public  office  within  the  state,  or 
into  any  office  of  a  corporation  crea- 
ted by  the  authority  of  this  state  ;  and 
whenever  any  public  officer  shall  have 
done  any  act  which  works  a  forfeit- 
ure of  his  office,  or  when  any  persons 
shall  act  as  a  corporation  in  this 
state,  without  being  legally  incorpora- 
ted. 

When  judgment  is  rendered  upon  a 
quo  warranto  in  favour  of  a  person 
claiming  an  office,  he  may,  after  hav- 
ing legally  taken  upon  himself  the 
execution  of  such  office,  demand  of 
the  defendant  the  books  and  papers 
belonging  to  the  same,  and  if  the  de- 
fendant refuse  to  deliver  them,  he 
shall  be  deemed  guilty  of  a  misde- 
meanour, and  process  may  be  had  to 
procure  them.  At  any  time  within  one 
year  after  judgment  in  favour  of  the 
claimant  is  docketed,  he  may  make  a 
suggestion  of  the  damages  he  has 
sustained  in  consequence  of  the  usur- 
pation of  the  defendant.  The  pro- 
ceedings to  be  had  upon  such  sugges- 
tion are  pointed  out,  and  issues  of  fact 
or  law  are  to  be  determined  as  in 
personal  actions. 

A  writ  of  quo  warranto  may  also 
be  filed  by  the  attorney  general  upon 
his  own  relation,  on  leave  granted, 
against  a  corporation,  when  it  shall, 
1.  offend  against  the  provisions  of 
any  acts  by  which  it  was  created  or 
altered ;  or,  2.  violate  the  provisions 
of  any  law  by  which  it  shall  have  for- 
feited its  charter  by  mis-user ;  or,  3. 
have  forfeited  its  privileges,  &c.,  by 
non-user ;  or,  4.  when  it  shall  have 
done  any  acts  which  amount  to  a  sur- 
render of  its  corporate  rights,  &c. ; 
or,  5.  when  it  shall  exercise  any  pri- 
vileges, &c.,  not  conferred  upon  it  by 
law.  Leave  to  file  such  information 
may  be  granted  by  the  supreme  court 
in  term  time,  or  by  any  justice  there- 
of, in  vacation.  The  manner  of  pro- 
ceeding against  such  corporation.,  by 


NEW  YORK. 


[109 


summons,  <fec.,  is  set  forth.  When 
judgment  shall  be  rendered  upon  an 
information  in  the  nature  of  a  quo 
warranto,  that  a  corporation  has  for- 
feited its  charter,  the  court  of  chance- 
ry shall  have  power  to  restrain  such 
corporation,  and  to  appoint  a  receiver, 
&c.  When  any  real  or  personal  pro- 
perty shall  become  forfeited  to  the 
state,  an  information  may  be  filed 
therefor,  upon  which  the  same  pro- 
ceedings shall  be  had  as  in  an  action  of 
trover,  if  it  be  for  the  recovery  of  per- 
sonal property,  or  as  in  an  action  of 
ejectment,  if  it  be  for  the  recovery  of 
real  property. 

Article  third,  of  this  title,  treats  of 
writs  of  mandamus  and  prohibition. 
When  any  writ  of  mandamus  is  di- 
rected to  any  person,  body,  or  tribu- 
nal, a  return  is  to  be  made  to  the  first 
writ,  and  issues  of  fact,  or  law,  taken 
thereon.  Issues  of  fact  are  to  be 
tried  in  the  county  in  which  the  ma- 
terial facts  shall  be  alleged  to  have 
taken  place.  If  a  verdict,  or  judg- 
ment, be  rendered  in  favour  of  the 
person  suing  out  the  writ,  a  perempto- 
ry mandamus  shall  be  granted  him 
without  delay.  Whenever  a  peremp- 
tory mandamus  shall  be  directed  to 
any  public  officer,  or  board,  command- 
ing them  to  perform  any  public  duty 
enjoined  upon  them  by  law,  and  they 
shall  neglect  to  perform  such  duty, 
without  just  and  reasonable  excuse, 
the  court  may  impose  a  fine  of  $250 
upon  every  such  person.  A  writ  of 
prohibition  can  only  be  issued  out  of 
the  supreme  court.  It  must  be  ap- 
plied for  upon  affidavits,  upon  motion, 
and  commands  the  court,  and  party  to 
whom  it  is  directed,  to  refrain  from 
further  proceedings  in  the  suit  speci- 
fied therein,  until  further  order  there- 
in ;  and  to  show  cause  at  the  next  term, 
why  they  should  not  be  absolutely  re- 
strained from  further  proceedings  in 
said  suit.  A  return  to  such  writ  shall, 
in  like  manner  as  in  a  mandamus,  be 
made  by  the  court ;  and  such  return 
may  be  enforced  by  attachment.  The 
court  after  hearing  the  proofs  and  al- 
legations of  the  parties,  shall  render 
judgment  absolute,  either  that  a  writ  of 


prohibition  restraining  the  court  from 
proceeding,  do  issue,  or  a  writ  of  con- 
sultation, authorizing  the  court  to 
proceed. 

Article  fourth,  of  this  title,  treats 
of  the  writ  of  ad  quod  damnurn. 
Whenever  the  governor  of  this  state 
is  authorized  by  law,  to  take  posses- 
sion of  any  land  for  the  benefit  of  the 
state,  and  cannot  agree  with  the  own- 
ers of  said  land,  for  the  purchase 
thereof,  he  may  apply  to  the  court  of 
chancery  for  a  writ  of  inquiry  of  dama- 
ges, which  shall  thereupon  be  issued, 
directed  to  the  sheriff,  &c.  The 
sheriff  shall  give  three  weeks  notice 
of  executing  such  writ.  He  shall 
summon  twelve  qualified  jurors  to  at- 
tend at  such  time,  who  shall  view  the 
premises,  and  assess  the  damages, 
which  the  owner  or  owners  shall  sus- 
tain, on  being  deprived  thereof.  The 
sheriff  and  jurors  shall  sign  their  in- 
quisition ;  and  the  sheriff  shall  forth- 
with return  the  same,  with  the  writ, 
to  the  court  of  chancery.  The  court 
shall  examine  the  inquisition,  and  if  it 
be  partial,  or  defective,  shall  set  it 
aside,  and  direct  a  new  inquisition. 
If  it  appear  to  have  been  duly  execu- 
ted, an  order  shall  be  entered  that  the 
premises  vest  in  the  state,  upon  the 
money,  assessed  in  the  inquisition, 
being  paid  into  court.  When  such 
money  is  paid  in,  the  court  shall  direct 
it  to  be  invested  in  permanent  securi- 
ties for  the  person  entitled  thereto. 
The  person  claiming  such  money, 
must  apply  to  the  court  by  petition, 
and  the  court  shall  direct  the  securi- 
ties to  be  transferred  to  the  person 
entitled  to  them.  The  like  proceed- 
ings are  to  be  had,  when  lands,  &c., 
are  required  for  the  use  of  the  United 
States. 

Title  third  relates  to  writs  of  er- 
rors and  appeals.  The  first  article  of 
this  title  treats  of  the  former,  which 
are  to  issue,  of  coiAse,  out  of  the 
court  where  they  are  made  returna- 
ble. And' other  provisions  are  intro- 
duced to  simplify  the  course  of  pro- 
ceeding upon  writs  of  error ;  to  in- 
clude qui  tarn  judgments  ;  to  abolish 
proceedings  by  scire  facias,  to  sum. 


110J 


ANNUAL  REGISTER— 1827-8-9. 


mon  the  representatives  of  deceased 
parties,  or  husbands  of  female  par- 
tits  ;  to  ensure  due  notice  of  issuing 
of  writs  of  error  ;  and  to  provide  for 
c'etermining  questions  of  fact  arising 
ii  courts  of  error,  by  trial  at  a  circuit 
;ourt.  All  acts  done  in  good  faith, 
before  reversal,  under  a  decision  of 
the  supreme  court,  which  is  after- 
wards reversed,  are  to  be  so  far  valid 
as  not  to  subject  the  party,  doing  such 
acts  to  any  penalty  or  forfeiture. 

The  second  article  relates  to  writs 
of  certiorari  and  error,  on  proceed- 
ings instituted  against  absent,  or  ab- 
sconding debtors,  the  details  of  which 
are  unnecessary  to  be  enumerated. 
The  third  article  provides  for  the 
practice  on  appeals  from  the  court  of 
chancery,  and  gives  power  to  the 
court  of  chancery  so  to  regulate  ap- 
peals, as  to  permit  the  parties  to  pro- 
ceed, unless  indemnified  by  the  par- 
ties offending  from  the  consequences 
of  delay. 

Chapter  tenth,  regulates  the  costs 
to  be  allowed  to  the  officers  of  courts, 
in  civil  suits  ;  and  when  security  is 
to  be  provided  for  the  costs  awarded 
against  non-resident  plaintiffs  ;  de- 
clares the  cases  in  which  costs  may 
be  recovered,  and  generally  provides 
for  the  whole  subject  of  costs  in  civil 
actions.  The  provisons  are  minute, 
but  as  they  are  of  immediate  concern 


only  to  the  legal  profession,  they  are 
here  omitted. 

The  FOURTH  PART  consists  of 
a  consolidation  of  the  several  statutes 
of  the  state,  relating  to  crimes,  pun- 
ishments, proceedings  in  criminal 
cases,  and  prison  discipline. 

These  laws  are  here  classified  and 
simplified. 

Definitions  are  given  to  crimes  in 
most  instances  conforming  to  the 
common  law,  but  in  some  cases  modi- 
fying them. 

In  a  future  volume,  it  is  contempla- 
ted to  give  a  general  view  of  this  sys- 
tem, compared  with  the  penal  code  of 
Louisiana  ;  but  our  limits  at  present, 
confine  us  to  the  abstract  of  the  re- 
vision of  those  acts  relating  to  the  civil 
statutory  code  of  this  state. 

This  is  a  highly  important  move- 
ment in  the  civil  and  legal  history,  not 
merely  of  this  member  of  the  con- 
federacy, but  of  the  whole  union.  It 
marks  the  greatest  reform  made  in  this 
state  since  the  revolution,  upon  the 
legal  precedents  and  statutes  of  Eng- 
land, and  is  pregnant  with  important 
consequences,  which  time  alone  can 
fully  disclose. 

The  plan  is  simple  and  plain,  and  it 
undoubtedly  has  remedied  many  diffi- 
culties, and  abolished  many  absurdi- 
ties, but  practice  alone  can  enable  UP 
to  determine  as  to  its  operation . 


NEW  JERSEY. 


July,  1827. — A  convention  was  held 
at  Trenton,  composed  of  delegates 
from  nine  out  of  fourteen  counties  in 
the  state.  Lewis  Condict  was  chosen 
president,  and  resolutions  were  pass- 
ed, recommending  that  the  legislature 
pass  a  law  authorizing  an  election  in 
the  several  counties  in  this  state  for 
delegates  to  meet  in  convention  for 
the  purpose  of  preparing  such  a  re- 
vision, and  proposing  such  amend- 
ments to  the  constitution  of  this  state, 
as  they  may  think  proper  for  the  con- 
sideration of  the  people. 

October  ^d,  1827.— The  legislature 
commenced  its  session.  Silas  Cook 


was  elected  vice-president  of  the  coun- 
cil, and  William  B.  Erving,  speaker 
of  the  house.  One  of  the  members 
from  Monmouth,  while  on  his  way 
from  home  to  take  his  seat  in  the 
house  was  arrested  on  a  ca.  sa.  by  the 
sheriff  of  Monmouth.  The  house 
resolved  this  to  be  a  breach  of  its 
privilege,  and  despatched  a  sergeant 
at  arms  with  the  speaker's  warrant  to 
compel  the  appearance  of  the  sheriff 
with  his  prisoner  forthwith  at  the  bar 
of  the  house.  On  the  31st  of  the 
month,  Isaac  H.  Williamson  was  ap- 
pointed Governor. 

PATERSON. — In  1808  this  flourish- 


PENNSYLVANIA. 


[Ill 


ing  town  had  about  300  inhabitants, 
in  1820,  1837;  in  1828,  the  popu- 
lation is  computed  at  8000  !  Its  manu- 
factures require  2,000,000  Ibs.  cotton 
and  600,000  Ibs.  of  flax.  One  rolling 
mill  and  nail  factory  makes  annually 
about  850,000  Ibs.  of  nails;  one  ma- 
chine making  shop  uses  600,000  bs.  of 
iron,  and  16,500  of  brass,  &c.  The  ca- 
pital invested  is  more  than  $1,000,000. 

February  4,  1829.— The  two 
houses  of  the  legislature  met  in 
joint  meeting  at  10  o'clock,  for  the 
appointment  of  senators,  clerk  of 
Middlesex,  &c.  The  first  appoint- 
ment called  up  was  that  to  supply  the 
vacancy  occasioned  by  the  resigna- 
tion of  Dr.  Bateman  in  the  senate  of 
the  United  States — Messrs.  Southard, 
Dickerson,  Wall,  Ewing  and  JefFers, 
were  on  nomination — and  a  number  of 
ballotings  ensued,  Mr.  Southard  re- 
ceiving from  23  to  26  votes,  and  the 
remainder  scattering — the  joint  meet- 
ing then  adjourned  without  coming  to 
a  choice,  and  met  again  at  3  o'clock, 
when,  after  two  successful  ballotings, 
Mr.  Potts  offered  the  following  reso- 
lution : 

"  Resolved,  That,  in  the  opinion  of 
this  joint  meeting,  the  hon.  Samuel 
L.  Southard  is  not  an  inhabitant  of 
the  state  of  New  Jersey,  and  there- 
fore not  eligible  to  the  office  of  sena- 
tor in  the  congress  of  the  United 
States,  under  the  3d  article  of  the  con- 
stitution of  the  United  States,  and 
that  hie  name  be  withdrawn  from  the 
list  of  nominations. 

Which  resolution,  after  some  de- 


bate, was  adopted,  29  voting  in  the 
affirmative,  and  Mr.  Southard's  name 
was  withdrawn  accordingly.  The 
joint  meeting  then  proceeded  to  vote, 
and  on  the  2d  ballot  Mr.  Dickerson 
had  28  votes,  and  was  declared  to  be 
duly  elected  senator  in  the  place  of 
Dr.  Bateman.  The  appointment  of 
senator  for  6  years  from  the  4th  of 
March  next,  was  then  taken  up,  and 
Theodore  Frelinghysen  elected — he 
having  35  votes,  and  Joseph  W. 
Scott  24. 

THE  MORRIS  CANAI>. — This  canal 
commences  near  Easton  on  the  Dela- 
ware, and  passingthe  flourishing  town 
of  Newark,  terminates  at  Jersey 
City  opposite  New  York.  Its  whole 
length  is  100  miles  and  64  chains,  and 
the  navigable  feeder  from  the  Hopat- 
cong  lake  is  60  chains.  It  will  have 
several  inclined  planes  and  23  locks, 
the  chief  of  which  are  finished,  and 
the  whole  canal  appears  to  need  only 
a  prompt  aid  to  complete  it.  The  en- 
tire amount  expended  on  this  work  is 
$777,923,71 ;  and  there  are  demands 
against  the  company  for  the  sum  of 
$388,050,50,  on  amount  of  loans, 
notes  in  circulation  &c.,  and  the 
resources  have  an  aggregate  of 
$572,032,  90.  The  canal  is  assert, 
ed  to  be  capable  of  transporting 
300,000  tons  a  year. 

March,  1829.— The  New  Jersey 
manufacturing  and  banking  company 
at  Hoboken  ceased  its  operations, 
and  its  bills  sold  at  twenty  cents  on 
the  dollar.  In  June  the  Paterson 
bank  also  stopped  payment. 


PENNSYLVANIA. 


LIST   OF   GOVERNORS. 

Names  of  the  Governors,  Deputies,  and  Presidents  of  Pennsylvania,  and  the 
Dates  of  their  appointment  to  office,  from  the  first  settlement  to  the 
present  time. 

William  Penn,  Governor,  .  .  .  October,  1682 

Thomas  Lloyd,  President,  .  .  .  August,  1684 

John  Blackwell,  Deputy  Governor,         .  .  December,         1688 

John  Blackwell,  President,          .  .  .  February,  1690 

Benjamin  Fletcher,  Governor,     .  .  .    *        April  26,  1693 

William  Markham,  Deputy  Governor,    .  June  3,  1693 


112] 


ANNUAL  REGISTER— 1827-8-i>. 


William  Penn,  Governor, 

Andrew  Hamilton,  Deputy  Governor, 

Edward  Shippen,  President, 

John  Evans,  Deputy  Governor,    . 

Charles  Gookin,  Deputy  Governor, 

Sir  William  Keith,  Deputy  Governor, 

Patrick  Gordon,  Deputy  Governor, 

James  Logan,  President, 

George  Thomas,  Deputy  Governor, 

Anthony  Palmer,  President, 

James  Hamilton,  Deputy  Governor, 

Robert  H.  Morris,  Deputy  Governor, 

William  Denny,  Deputy  Governor, 

James  Hamilton, 

John  Penn,  .... 

James  Hamilton,  President, 

Richard  Penn,      .... 

John  Penn,  .... 

Thomas  Wharton,  President  of  Council, 

Joseph  Reed, 

William  Moore, 

John  Dickinson, 

Benjamin  Franklin, 

Thomas  Mifflin, 

Thomas  M'Kean,  Governor, 

Simon  Snyder, 

William  Findlay, 

Joseph  Hiester, 

J.  Andrew  Shultze, 

George  Wolf, 


December  '3, 

November  1, 

February, 

February, 

February, 

March, 

June, 

June, 

June, 

June, 

June, 

October, 

August  19, 

November  17, 

October  31, 

May  6, 

October  16, 

August, 

March, 

October, 

November, 

November, 

October, 

October, 

October, 

October, 

October, 

October, 

October, 

October, 


1699 
1701 
1703 
1704 
1709 
1717 
1726 
1736 
1738 
1747 
1748 
1754 
1756 
1759 
1763 
1771 
1771 
1773 
1777 
1778 
1781 
1782 
1785 
1788 
1799 
1808 
1817 
1820 
1823 
1829 


PENAL  CODE. — While  this  state 
has  been  engaged  in  the  prosecution 
of  internal  improvements,  with  the 
view  of  developing  her  resources,  and 
giving  a  fresh  and  redoubled  impulse 
to  her  industry  and  enterprise ;  and, 
by  the  construction  of  canals  and 
rail  roads,  has  been  rendering  conti- 
guous, as  it  were,  the  most  remote 
portions  of  her  territory;  making  easy 
and  expeditious  the  transportation  of 
the  most  cumberous  articles,  and  the 
exportation  of  the  surplus  productions 
of  her  interior,  and  among  other 
things,  of  immense  quantities  of  iron 
and  coal,  furnishing  an  endless 
source  of  wealth  to  individuals,  and 
revenue  to  the  state ;  while,  in  fact, 
she  has  been  applying  her  revenue 
with  ardour  and  perseverance  to  ac- 
complish those  objects,  which  would 
bring  into  more  active  exercise  the 
energies  of  her  people,  increase  her 
commerce,  and  enable  her  to  retain 


her  relative  rank  and  importance  in 
the  confederacy ;  she  has  not  been  un- 
mindful of  the  rights  of  the  citizen, 
and  of  the  security  which  should  be 
extended  to  his  person  and  his  pro- 
perty. The  increase  of  population, 
the  introduction  of  luxury  and  of 
crime,  have  indicated  in  various  sec- 
tions of  this  country,  the  necessity  of 
improving  the  criminal  code,  so  as  to 
render  it  more  efficacious  than  it  has 
been  found  in  Europe,  to  prevent  the 
commission  of  offences,  and  to  reform 
the  offenders.  The  legislature  of 
Pennsylvania,  sensible  of  the  neces- 
sity of  this  reform,  and  fully  im- 
pressed with  the  existing  defects  of 
the  criminal  code,  and  the  imperfect 
discipline  of  their  prisons,  appointed 
in  1826,  Charles  Shaler,  Edw.-ird 
King,  and  T.  J.  Wharton,  to  make  a 
revision  of  the  penal  Jaws  of  the 'state, 
and  also  to  submit  such  suggestions 
and  observations  on  punishments  and 


PENNSYLVANIA 


[113 


prison  discipline,  as  they  should  deem 
proper  for  the  determination  of  the 
important  subject  with  which  they  are 
charged.  In  December,  1827,  the 
commissioners  submitted  to  the  go- 
vernor of  Pennsylvania,  the  results 
of  their  labours,  in  order  that  they 
might  be  laid  before  the  legislature. 

In  their  report  upon  punishments 
and  prison  discipline,  a  document 
containing  a  mass  of  information 
highly  interesting  to  the  legislator 
and  philanthropist,  they  take  a  view 
of  the  principal  varieties  of  punish- 
ments which  have  been  inflicted  in 
ancient  or  modern  times,  or  suggested 
by  political  or  philosophical  writers, 
and  arrange  them  under  the  following 
heads : 

1.  Capital  punishments.  2.  Muti- 
lation. 3.  Branding.  4.  Whipping. 
5.  Banishment  or  transportation.  6. 
Simple  imprisonment.  7.  Imprison- 
ment with  labour,  but  without  a  sepa- 
ration of  the  prisoners.  8.  Solitary 
confinement,  without  labour  of  any 
kind.  9.  Solitary  confinement,  with 
labour  performed  in  solitude.  10. 
Solitary  confinement  by  night,  with 
joint  or  classified  labour  by  day.  The 
commiBsioners  remark,  that  the  state 
of  public  opinion  will  not  authorize 
them  to  suggest  the  application  of 
capital  punishment  to  any  other  of- 
fence, than  that  of  wilful  and  mali- 
cious murder.  This  was  the  only  in- 
stance in  which  it  was  allowed  by  the 
enlightened  founder  of  Pennsylvania, 
in  his  great  law,  and  the  wisdom  and 
humanity  of  the  limitation,  has  been 
evinced  not  merely  by  the  experience 
of  his  own,  but  also  of  succeeding 
generations.  The  three  next  species 
of  punishment,  they  believe  to  be  un- 
productive of  any  beneficial  effects, 
and  justly  repudiated  by  every  Chris- 
tian and  enlightened  community. — 
The  fifth  kind  of  punishment  they  di- 
vide into  simple  exile,  by  which  they 
mean  the  mere  banishment  of  the 
offender,  from  the  soil  of  the  state 
whose  laws  he  has  violated,  under 
some  stipulation,  or  denunciation  of 
severe  punishment,  in  case  of  his  re- 
turn; second,  into  deportation,  by 

VOL.  ITT  15' 


which  is  designated  the  compulsory 
removal  of  the  offender  to  some  dis- 
tant place ;  there  to  be  left  without 
further  care  from  the  mother  coun- 
try; and  thirdly  into  transportation, 
or  the  compulsory  removal  of  offen- 
ders to  some  distant  place,  but  still 
to  remain  subject  to  the  penal  dis- 
cipline of  the  mother  cuntry.  The 
committee  express  their  disapproba- 
tion of  those  kinds  of  punishment. 
Of  simple  exile,  because  it  was  an  act 
of  injustice  for  one  nation  to  turn  out 
its  convicts  to  prey  upon  other  com- 
munities ;  of  deportation,  because  it 
would  be  ineffectual  as  a  punishment, 
as  the  criminals  would  frequently  find 
opportunities  to  escape  and  to  renew 
their  depredations  and  outrages  upon 
society ;  and  of  transportation,  be- 
cause it  would  subject  the  mother 
country  to  an  enormous  expense ;  an 
opinion  sanctioned  by  the  experience 
of  the  British  government.  From  re- 
turns made  to  the  British  parliament, 
it  appeared  that  from  1787  to  1820, 
twenty-five  thousand  eight  hundred 
and  seventy-eight  convicts  had  been 
transported  to  New  Holland.  The 
cost  of  the  transportation  of  each  one 
is,  as  estimated,  at  £100  sterling,  and 
the  annual  expense  of  his  support  at 
£40  sterling,  or  $177.60  of  our  mo- 
ney. It  also  appeared  from  returns- 
laid  before  parliament,  that  upward? 
of  seventeen  and  a  half  millions  of 
dollars  had  been  expended  upon  the 
transportation  of  convicts  to  New- 
Holland,  and  their  support  there  from 
1786  to  1817  inclusive.  The  annual 
expense  of  the  colony,  is  stated  at 
£300,000  sterling,  or  $1,332,000. 
It  is  also  estimated  by  British  writers, 
that  one  tenth  of  the  sum  expended 
upon  the  colony,  would  have  support- 
ed the  whole  number  of  convicts  at 
home,  while  something  might  have 
been  gained  by  the  treasury,  from 
their  labour,  which  was  not  obtained 
at  New  Holland.  The  committee 
also  objected  to  transportation,  be- 
cause it  failed  in  producing  a  re- 
formation in  the  offender,  it  appearing 
from  the  above  returns,  that  out  of 
4376  ronvirtp.  whope  sentences  ha<l 


ANNUAL  REGISTER— 


been  remitted,  or  whose  time  had  ex- 
pired, only  369  were  considered  re- 
spectable in  conduct  and  character. 
The  sixth  species  of  punishment,  that 
of  simple  imprisonment,  the  commit- 
tee consider  it  necessary  to  make  but 
a  few  observations  upon,  it  being  so 
obviously  defective  as  a  mode  of  pun- 
islunent  for  convicts,  that  it  had  been 
abandoned  in  almost  every  part  of 
Europe,  where  any  attention  had  been 
paid  to  the  subject  of  penal  discipline. 
The  seventh  species  of  punishment, 
that  of  imprisonment  with  hard  la- 
bour, but  without  classification  or 
separation  by  day  or  night,  was  the 
earliest  in  the  series  of  what  are  now 
usually  called  penitentiary  punish- 
ments. Under  this  head,  the  com- 
mittee mention  the  various  kinds-of 
discipline,  which  had  been  introduced 
at  different  periods,  into  the  prisons 
of  Pennsylvania.  It  appears  that 
William  Penn  perceived  the  expedi- 
ency of  imposing  labour  as  a  means 
of  punishment,  and  the  earliest  pro- 
visions of  the  laws  required  the  em- 
ployment of  convicts  "at  hard  labour 
in  the  house  of  correction,"  for  a  term 
of  years  corresponding  with  the  enor- 
mity of  the  offence.  In  1717,  an  al- 
teration was  made  in  the  criminal 
code,  in  consequence,  as  it  is  stated, 
of  the  attachment  of  the  English  go- 
vernment to  capital  punishments,  and 
the  principal  prison  of  Philadelphia 
is  represented  as  a  scene  of  profligacy 
and  license,  in  which  all  sexes,  ages, 
and  colors  were  confounded  without 
labour  and  without  restraint.  Imme- 
diately after  the  independence  of  the 
country,  measures  were  taken  to  re- 
form the  penal  code,  and  hard  labour 
was  again  substituted  in  many  cases, 
in  lieu  of  the  punishment  of  death. 
In  1786  an  act  was  passed  directing 
that  certain  crimes,  which  had  before 
been  capital,  should  for  the  future  be 
punished  with  hard  labour,  publicly 
and  disgracefully  imposed.  The  con- 
victs were  accordingly  employed 
about  the  most  servile  business. — 
Their  heads  were  shaved ;  their  dress 
was  of  a  peculiar  kind,  indicative  of 
their  disgrace:  their  keepers  were 


armed  with  swords,  blunderbusses  and 
other  weapons  of  destruction ;  and 
the  prisoners  were  secured  by  cum- 
berous  iron  collars  and  chains,  fixed 
to  bomb-shells.  And  as  late  as  1788, 
the  prison  of  Philadelphia  presented 
the  spectacle  of  the  confinement  of 
debtors  with  criminals ;  of  honest 
poverty  with  the  most  enormous 
crimes,  and  the  indiscriminate  inter- 
course by  day  and  night,  of  men  and 
women.  Such  a  system  of  prison 
discipline,  was  only  productive  of  the 
most  pernicious  consequences.  Of- 
fenders, instead  of  being  reformed, 
became  more  hardened  in  sin,  and  re- 
duced to  a  state  of  disgrace  and  de- 
gradation, from  which  they  had  little 
hopes  of  recovering.  No  sooner,  how- 
ever, were  the  effects  of  such  disci- 
pline perceived,  than  measures  were 
adopted  to  remedy  them.  In  1789, 
and  the  four  successive  years,  act? 
were  passed  relating  to  them  and  the 
penitentiary  discipline,  which  is  that 
included  under  the  7th  head,  was  es- 
tablished. Soon  after  the  establish- 
ment of  this  discipline,  but  before  full 
effect  had  been  given  to  it,  a  great 
improvement  was  observed  in  the 
criminal  calendars ;  but  unfortunate- 
ly it  early  exhibits  a  great  con- 
trast with  its  modern  history.  On 
the  3d  of  May,  1791,  the  number  of 
convicts  in  the  jail  at  Philadelphia, 
was  143,  while  on  the  third  of  De- 
cember, 1792,  the  number  was  only 
37.  From  1787  to  1796  inclusive, 
the  number  of  convicts,  for  all  offen- 
ces, were  990.  During  the  next  ten 
years  from  1797  to  1807,  the  number 
of  convictions  for  the  same  offences, 
was  1311.  From  1807  to  1817,  the 
number  of  convictions  rose  to  2612 ; 
and  from  1817  to  1827,  the  convic- 
tions amounted  to  3151.  During  the 
first  ten  or  fifteen  years  after  the  in- 
troduction of  the  penitentiary  disci- 
pline, the  prison  at  Philadelphia  was 
distinguished  for  order  and  decorum  : 
but  during  the  last  ten  or  fifteen  years 
it  had  presented  an  entirely  different 
appearance.  The  committee  account 
for  this  change  in  part,  on  the  ground 
that  the  prisoners,  during  the  first  pe- 


PENNSYLVANIA. 


jlla 


liod,  were  separated  more  during  the 
night;  but  that  during  the  latter  pe- 
riod it  became  necessary,  in  conse- 
quence of  the  construction  of  the 
prisons  and  the  increase  of  the  con- 
victs, to  confine  many  in  the  same 
apartment,  and  thus  affording  them 
an  opportunity  to  contaminate  and 
corrupt  each  other. 

Under  the  remaining  divisions  of 
punishments,  the  committee  review 
the  arguments  in  favour  of  and  against 
solitary  confinement  without  labour 
of  any  kind ;  of  solitary  confinement 
with  labour,  and  of  joint  or  classified 
labour,  by  day,  and  solitary  confine- 
ment by  night.  One  of  the  objections 
made  to  solitary  confinement  without 
labour  is,  that  it  will  subject  the  state 
to  a  great  expen  se .  The  penitentiary 
built  at  Pittsburgh,  is  provided  with 
190  cells,  calculated  exclusively  for 
solitary  confinement  without  labour  ; 
and  cost  $165,846,  and  the  annual 
interest  on  the  same  is  $9,950.  The 
annual  expense  of  supporting  each 
prisoner  is  estimated  at  $77.57,  and 
the  average  number  of  prisoners  at 
90,  making  the  whole  cost  of  support 
$6,930.  These  sums,  added  to  $2000 
paid  for  salaries,  will  make  the  annual 
support  of  90  convicts,  cost  the  state 


The  whole  probable  cost  of  the  pen- 
itentiary, building  at  Philadelphia,  was 
estimated  at  $450,000,  and  the  annu- 
al interest  on  the  same  at  $27,000, 
and  calculating  the  average  number 
of  convicts  at  500,  and  the  annual 
support  of  each  one  at  $60.28  ;  the 
maintenance  of  the  whole  number  of 
convicts,  together  with  fuel,  &c.,  will 
be  $30,000.  The  average  of  the  an- 
nual salaries  of  the  officers  of  the 
present  prison,  for  the  last  three  years, 
was  $10,500.  These  two  sums,  add- 
ed to  the  interest  on  the  cost  of  the 
prison,  will  amount  to  $67,500,  which, 
with  the  $18,800,  the  annual  expense 
of  the  Pittsburgh  penitentiary,  will 
make  the  whole  annual  expense  to 
the  state  $86,380.  After  making  a 
thorough  examination  of  these  three 
kinds  of  punishments,  and  obtaining 
all  the  information  in  their  power  re- 
specting them,  either  from  the  per- 


sonal  inspection,  or  from  communica- 
tion with  the  superintendents,  of  the 
best  conducted  prisons  in  other  states, 
the  committee  express  it  to  be  their 
opinion,  that  the  best  kind  of  prison 
discipline  is  that  of  solitary  confine- 
ment by  night,  together  with  joint,  or 
classified  labour  by  day  ;  and  recom- 
mend it  to  the  legislature  to  give  this 
system  a  trial. 

The  commissioners  for  the  revision 
of  the  penal  code,  submit  in  their  re- 
port, the  draft  of  three  original  bills  : 
1st.  An  act  to  amend,  revise,  and  con- 
solidate the  penal  laws  of  the  com- 
monwealth. 

2.  An  act  regulating  criminal  pro- 
cedure. 

3.  An  act  for  the  government  and 
regulation  of  the  penitentiaries.      It 
was   intended  by  the  commissioners 
that   the    first    act,    should    super- 
sede   the    existing    penal    statutes, 
and  supply  those  defects,  which  ex- 
perience had  shown  to  exist.     They 
made  no  attempt  to  codify  the  law, 
because,   in   the    first  place,   it   did 
not  seem  to  be  contemplated  by  the 
resolutions  under  which  they  acted  ; 
and  in  the  next  place  because  they 
considered  it  inexpedient,  and  within 
any  brief  period  of  time,  wholly  im- 
practicable. This  inexpediency  arose, 
intheir  opinions, from  the  fact,  that 
tnere  is  a  clearness,  precision,  and 
uniformity  in  the  common  law  princi- 
ples and    adjudications    relative    to 
crimes,  that  no  other  part  of  that  sys- 
tem can  boast  of.      It  is  unnecessary 
to    enumerate     the     various     laws 
which   were    retained,   or  repealed, 
or  the   many  new  provisions  which 
were  made.     In  some  instances  the 
punishment  of  solitary  confinement 
without  labour,  was  directed  to  be  in- 
flicted ;  in  other  cases,  imprisonment 
with  hard  labour  was  required,  thus 
giving  an  opportunity  to  ascertain  the 
advantages    and    disadvantages    at- 
tending these   different  systems    of 
prison  discipline.      Some  important 
innovations  was  made  in  the  common 
law.     One  related  to  the  limitations 
of   prosecutions,  it    being  proposed 
thai  all  suits,  informations,  and  indict- 
ments for  anv  crime  or 


1 10  J 


V  N  N  lj  AL  REGISTE8r-1827-8-^. 


murder  and  manslaughter  excepted, 
shall  be  brought  or  exhibited  within  a 
limited  time.  Another  innovation  was 
that  which  relates  to  the  competency 
of  witnesses.  It  was  proposed  that  no 
witness  should  be  deemed  and  adjudg- 
ed incompetent  because  he  may  have 
been  convicted  of  an  infamous  crime, 
wilful  and  malicious  perjury  except- 
ed ;  but  that  it  should  be  allowed  to 
prove  such  conviction,  and  it  should 
be  left  with  the  judge  or  jury  to  decide 
what  credit  was  to  be  attached  to  his 
testimony.  That  an  individual  should 
be  considered  an  incompetent  witness 
in  a  suit  to  which  he  is  not  a  party, 
and  in  the  event  of  which  he  can 
have  no  interest,  and  especially  after 
he  may  have  become  totally  reformed 
in  principles  and  in  conduct,  appears 
to  many  absurd  and  unjust,  and  snakes 
their  belief  in  the  maxim  that  "  the 
law  is  the  perfection  of  reason  ;"  and 
indeed,  some  may  even  consider  the 
exception  as  to  perjury  inexpedient, 
and  that  it  should  only  be  allowed  to 
affect  the  credit,  rather  than  the  com- 
petency of  the  witness. 

This  report  became  the  subject  of 
much  controversy,  after  it  was  sub- 
mitted to  the  legislature.  That  part 
of  it  relating  to  the  classification  of 
crimes  was  not  acted  upon.  The 
other  part  of  it,  relating  to  peniten- 
tiary punishment,  was  discussed  wJfh 
some  warmth  in  the  house  of  repre- 
sentatives, and  after  much  debate,  a 
bill  was  passed,  providing  for  the 
punishment  of  prisoners  by  solidary 
confinement,  together  with  labour  in 
solitary  apartments.  The  recom- 
mendations of  the  report  were  not, 
therefore,  fully  carried  into  effect — 
great  opposition  being  made  to  its 
principles  in  consequence  of  a  large 
penitentiary  having  been  just  then 
established,  on  the  principle  of  soli- 
tary confinement  without  labour.  The 
whole  subject  is  now  brought  to  the 
test  of  experiment,  and  time  only 
can  determine  as  to  the  efficacy  of 
the  several  modes  of  punishment. 

INTERNAL  IMPROVEMENTS. — In  the 
last  volume  of  the  Register  we  gave 
an  account  of  the  progress  of  inter- 


nal improvement  in  this  state,  from  the 
year  1789  to  the  year  1827.  We  enu- 
merated the  various  works  which  had 
been  projected  at  different  periods,  and 
alluded  to  the  embarrassments  and  dif- 
ficulties which  had  retarded  t  he  execu- 
tion, or  produced  the  abandonment 
of  some  of  them,  and  to  the  advance- 
ment, and  the  final  and  happy  com- 
pletion of  others.  It  affords  no  or- 
dinary degree  «of  pleasure  to  be  still 
able  to  say,  that  that  desire  of  improv- 
ing their  inland  navigation,  and  the 
communication  of  one  part  of  the 
country  with  another,  which  pervaded 
the  people  of  Pennsylvania,  anterior 
to  1827,  has  neither  subsided  or  been 
diminished  since  that  time,  but  has 
induced  them  to  appropriate  money 
with  a  liberal  hand,  to  accomplish  the 
noble  and  stupendous  objects  about 
which  they  have  been  engaged,  anr 
which  cannot  fail  of  being  productive 
of  the  most  lasting  benefits  to  the 
state.  There  was  expended  in  this 
state,  between  1791  and  1828,  upon 
roads,  bridges,  and  inland  navigation, 
the  sum  of  §22,010,554.68,  and  works 
were  in  progress  at  the  latter  period, 
and  which,  it  was  calculated,  would 
be  completed  in  1831,  that  would  re- 
quire, as  was  estimated,  twelve  mil- 
lions more  to  finish  them.  Two  mil- 
lions of  dollars  were  appropriated  by 
the  legislature,  to  be  expended  upon 
internal  improvements  during  the 
the  year  1828,  and  two  millions  and 
two  hundred  thousand  were  appro- 
priated for  the  year  1829.  The  canal 
commissioners  estimated  the  expense 
of  contracts  claiming  attention  during 
1829,  at  $3,511,000,  of  which  sum, 
however,  $700,000  would  remain  to 
be  expended  in  1830.  Governor 
Shultze  refused  his  assent  to  the  canal 
and  rail  road  bill  as  it  was  first  passed 
by  the  legislature,  in  1829,  and  re- 
turned it,  assigning  the  reasons  why 
he  disapproved  of  it.  He  observed 
that  the  commonwealth  might  be  con- 
sidered as  pledged  to  prosecute  with 
energy  the  scheme  of  internal  im- 
provement ;  but  that  she  looked  to 
them,  as  her  servants,  for  a  judicious 
and  economical  application  of  her  m- 


PENNSYLVANIA. 


[117 


sources.  In  making  an  appropria- 
tion they  should  not  exceed  the 
amount  required  by  the  largest  ex- 
penditures of  former  years,  and  which 
would  be  required  for  the  coming  year, 
and  thereby  incur  the  payment  of  an 
unnecessary  interest  upon  an  unne- 
cessary large  principal.  That  the 
last  season,  which  was  particularly 
favourable  to  the  construction  of  pub- 
lic works,  did  not  require  a  sum  far 
exceeding  two  millions,  and  that  a 
sum  not  much  exceeding  it  would 
probably  be  sufficient  for  the  present 
year,  and  if  they  should  deem  it  pro- 
per, so  to  modify  the  bill,  as  to  make 
the  loan  two  millions  two  hundred 
thousand  dollars,  it  would  afford  him 
much  pleasure  to  unite  and  co-ope- 
rate with  them.  The  bill  was  so  modi- 
lied,  and  the  appropriation  made,  as 
proposed  by  the  governor.  In  No- 
vember, 1827,  it  was  announced  that 
Union  canal,  which,  was  to  form  the 
the  great  link  of  communication  be- 
tween the  Susquehannah  and  Phi- 
ladelphia, was  complete  in  all  its 
parts,  with  the  exception  of  plank- 
ing on  the^summit,  which  was  shortly 
after  finished.  In  February,  1828,  it 
appeared,  from  information  given  by 
the  canal  commissioners,  that  the  fol- 
lowing was  the  condition  of  the  ca- 
nals and  rail  roads  in  the  state  at  that 
time  : 

1.  From  Pittsburgh  up  the  Kiske- 
minetas  to  the  Saltworks,  to  be  finish- 
ed in  a  month,  except  the  aqueducts, 
distance,  55  miles. 

2.  From  Saltworks  to  Blairsville, 
30  miles,  to  be  finished  by  the  first  of 
November. 

8.  From  Middletown  to  the  mouth 
of  the  Juniata,  will  be  finished  this 
season,  24  miles. 

4.  From  the  mouth  of  the  Juniata, 
up  the  Juniata  45  miles,  to  Lewistown, 
will  be  navigable  next  summer. 

5.  From  the  mouth  of  the  Juniata 
to  Northumberland,  41  miles,  will  be 
navigable  next  summer. 

6.  From  Bemis'  mill,  on   French 
creek,   to  Conneaut  outlet,  9  miles, 
nearlv  romnlptpd.     Thp  rpmninHorof 


the  feeder  to  be  contracted  for  as  soon 
as  possible,  and  urged  rapidly  to  com- 
pletion. 

7.  From  Bristol,  on  the  Delaware, 
to  Taylor's  ferry,  18  miles,  the  exca- 
vation is  finished,  with  trifling  excep- 
tions. 

8.  From   Taylor's   ferry  to  New 
Hope,  7  miles  is  under  contract,  and 
to  be  completed  by  next  spring.     25 
miles  on  the  north  branch,  including 
a  feeder  from  Nanticoke  falls,  to  be 
contracted  for  early  in  July. 

At  the  next  meeting  of  the  commis- 
sioners, it  was  expected  an  order 
would  be  taken  to  put  under  contract 
the  additional  lines  authorized  by  law 
on  the  Juniata,  Conemaugh,  Susque- 
hannah and  its  branches,  Delaware, 
and  the  Columbia  rail  road.  As  to 
the  latter,  no  decision  had  been  made 
upon  its  location.  At  the  close  of  the 
next  eighteen  months,  it  was  expect- 
ed  there  would  be  in  Pennsylvania 
more  than  500  miies  of  canal,  and  a 
hundred  and  fifty  of  rail  road.  The 
following  works  were  in  progress  in 
this  state  in  1829 : 

OF  CANALS. 

From  Tioga,  or  New  York  line,  to 
Northumberland,  distance  162  miles. 

From  Bald  Eagle  creek  to  North- 
umberland, 70  miles. 

From  Northumberland  to  the  month 
of  the  Juniata  river,  40  miles. 

From  Juniata  to  the  mouth  of  the 
Swatara,  24  miles. 

From  Swatara  to  Columbia,  18 
miles. 

From  Juniata  to  Frankstown,  esti- 
mated at  133  miles. 

From  Johnstown  to  the  mouth  of 
the  Kiskeminetas  river,  76  miles. 

From  Kiskeminetas  to  Pittsburgh, 
30  miles. 

French  creek  feeder  of  21  miles, 
166  miles. 

From  Pittsburgh  to  Erie,  by  the 
Ohio,  &c.,  to  Connaut  lake,  167 
miles. 

From  Easton  to  Bristol,  60  miles. 

OF  RAIL  ROADS. 

From  Philadelphia  to  Columbia,  on 
the  Susquehannah.  distance  84' 


ANNUAL  REGISTER—1827-8-y. 


From  Columbia  to  York,  15  miles. 
From  Franckstown  to  Johnstown, 
41  miles. 
The  first  rail  road  made  in  the  state 
was  that  at  Mauch  Chunck.  Its  length 
is  9  miles,  and  extends  along  the  side 
of  a  mountain,  down  an  inclined  plane 
of  various  declivities.     The  elevation 
of  the  coal  mine  at  Mauch  Chunck, 
above  the  Lehigh  river,  at  the  point 
where  the  coal  is  delivered  into  boats, 
is  936  feet.  The  road,  as  it  approach- 
es towards  the  river,  and  within  half 
a  mile  of  the  mine,  rises  46  feet, 
when  it  reaches  its  extreme  point  of 
elevation,  which  is  982  feet  above  the 
water,  the  distance  from  this  point  to 
the  river  is  8'  miles.     At  the  bank  of 
the  river  there  is  an  abrupt  termina- 
tion of  the  mountain,  upon  which  is 
constructed   an  inclined    plane,  700 
feet  long,  with  a  declivity  of  225  feet, 
below  which  there  is  still  a  further  de- 
scent of  25  feet  down  a  shute,  through 
which  coal  is  conveyed  into  boats  on 
the  water.     The  whole  of  the  road, 
for  the  passage  of  wagons,  including 
the  plane,  was  completed  in  2  months 
and  3  days  from  its  commencement, 
and  an  expense,    as  was  stated,  of 
2500  to  3000  dollars  per  mile. 

SCHUYLKILL  NAVIGATION  COMPA- 

NY.  —  A  dividend  of  7  per  cent,  was 
declared  on  the  30th  November,  1829, 
on  the  capital  stock  of  this  company, 
and  the  sum  of  $3500,  to  which  the 
state  was  entitled,  was  subsequently 
paid  into  the  treasury.  The  following 
is  a  statement  of  the  affairs  of  the 
company  at  that  time  : 

DR. 
To  amount  of  capital  stock,           $1,083,808  00 
Do.  loans,                                           1,095,803  00 
Do.  of  rents  since  1st  Jan.  1829,            7,414  98 
Do.  tolls,           do.                                 109,984  33 
Do.  of  real  estate,                                    8,234  15 
Do.  of  individuals,                                    678  00 
Do.  of  reserved  dividend  fund,              55,130  99 

Do.  of  individual  account,                        (ill  U4 
Cash  balance,                   36,567  S-l 

$2,361,053  99 

There  ascended  and  descended  the 
Schuylkill  Navigation,  in  1828,  the 
following  articles  : 

Ascended.                 Tons.  cwt.    qra. 
Merchandise,                   6297        3        0 
Salt  fish,                           2054        1        2 
Salt,                                 473       4       0 
Plaster,                           6308      10       0 
Bricks,                               36      19       0 
Iron,                                   352        7       2 
Iron  ore,                         2267      10       0 
Limestone,                     2701       0       0 
Virginia  coal,                   363       8       0 
Buhr  stones,                        500 
Marble,                              40      16       2 
Cement,                               24        2        2 
Grain,  2000  bushels,           50       4       2 
Blooms,                              270      10       0 
Lumber,                              82      11        0 
Sundries, 

Total,           21,329        9       0 

Descended.                  Tons.  cwt.    grs. 
Coal,                              47,284      15       0 
Flour,  66,835  barrels,      6365       6       0 
Grain,  105,782  bushels,   2644      11       1 
Whiskey,                        1152      11       1 
Iron,                                 1853      14       3 
Oil,                                       29      15       0 
Butter,                              126       4       1 
Flax-seed,  6430  bushels,  160      14       2 
Leather,                             84       2       3 
Paper,                                  32  •  19       0 
Lumber,                           6795        4        0 
Potash,                                3      17       1 
Hats,                                  10       8       0. 
Live  hogs,                          37       0       0 
Limestone,                       5358       0       0 
Iron  ore,                           1674       0       0 
Nails,                                 904      15       0 
Sawed  marble,                 552       0       0 
Cord  wood,                     1445       0       0 
Stone,                             6791       0       0 
Blooms,                              273       3       2 
Lime,                                 83       0       0 
Lead  ore,                           54       0       0 
Ice,                                     32       0       0 
Tallow,                                800 
Sundries,                          377     12       0 

Total,             84,133      13       2 

The  following  is  a  statement  of  the 
amount  of  toll  received  on  the  canal, 
as  appears  by  the  report  of  the  presi- 
dent and  managers  : 

1825             $15,775  74 
1826               43,108  87 
1827               58,149  74 
1828               87,171  56 
1829             129,039  11 

COAL.  —  It  is  supposed  that  coal  per- 
vades one  third  of  the  state.   It  is  es- 
timated that  the  valley  of  Wyoming, 
that  the  Lackawana  section   which 

$2,361,053  99 

CR. 
Amount  of  general  charges,  being 
the  expenses  of  the  improve- 
ments,                                          $2,236,937  25 
Do.  current  expenses  and  repairs 
since  1st  January  last,                        41,785  06 
Do.  of  interest  account,  since  1st 
January  last,                                     39,979  24 
Do.  of  damage  account,                        5.17346 

PENNSYLVANIA. 


[119 


is  above  the  valley,  and  that  another 
section  below  the  valley,  will  yield 
4,033,280,000  tons.  If  only  one  million 
of  tons  of  this  coal  were  removed  per 
annum,  it  would  require  4,033  years 
to  exhaust  the  whole ;  and  the  rate  of 
toll  from  Mont  Carbon  to  Philadelphia 
being  $1.68  per  ton,  the  toll  on  one 
million  of  tons  on  the  Susquehannah 
Canal  at  that  rate  would  amount  to 
$1,680,000.  The  Schuylkill  Naviga- 
tion Company,  as  appears  from  their 
report,  received  $46,242  for  tolls 
upon  coal,  during  the  year  1828, 
while  the  whole  amount  of  tolls  on  all 
articles  besides  coal  amounted  to  only 
$40,960.  There  was  imported  in 
1827  into  Philadelphia  30,305  tons 
of  the  Lehigh,  and  31, 360  tons  of  the 


Schuylkill  coal.  This  coal  at  $6  per 
ton  would  be  worth  $369,990,  and 
34,004  tons  of  it  were  exported,  and 
320  vessels  were  employed  in  the  coal 
business.  In  1828,  77,395  tons  of 
Lehigh  and  Schuylkill  coal  were  im- 
ported into  Philadelphia,  which,  at 
$6  per  ton,  would  be  worth  $464,370 ; 
and  during  the  same  period  there  was 
exported  46,195  tons,  which  at  $6 
per  ton  would  be  worth  $77,170,  and 
503  vessels  were  employed  in  the  coal 
business.  About  40,000  tons  of  coal 
were  consumed  in  Philadelphia  and 
other  towns  on  the  Delaware  during 
the  same  time,  and  the  whole  amount 
of  the  anthracite  coal  business  in 
Philadelphia  and  on  the  river  for  the 
year  1828  was  estimated  at  $520,560. 


The  following  is  a  statement  of  the  coal  trade  at  the  port  of  Philadel- 
phia, during  the  last  eight  years  : 

Anthracites. 


Year. 

1821 
1822 
1823 
1824 
1825 
1826 
1827 
1828 
1829 


Imported. 


Bushels. 

627,737 

970,829 

854,983 

762,276 

722,245 

9,700,111 

1,127,388 

906,200 

1,272,970 


Value. 
$91,352 
137,790 
111,639 
101,929 
108,527 
45,262 
142,677 
104,282 
155,993 


Sent  from  mines. 

Shipped. 

Consumed  in 

PhiliHnlr\hi't 

Tons. 

Value. 

1  IlHaUcIpuLa. 

Tons. 

1,973 

$6,438 

00,000 

1,073 

2,440 

14,649 

73 

2,367 

5,823 

34,938 

723 

5,100 

9,541 

57,246 

3,255 

6,286 

33,393 

200.358 

18,520 

14,878 

48,047 

288,282 

24,365 

23,682 

61,665 

369,990 

34,004 

27,661 

77,395 

464,370 

46,195 

31,200 

105,083 

630,078 

47,146 

57,937 

MANUFACTURES. — In  Manayunk,  a 
new  village  on  the  Schuylkill,  near 
Philadelphia,  there  were  in  1827  five 
cotton  mills  with  14,154  spindles,  210 
power  looms,  and  employing  525 
hands  ;  a  grist  mill,  a  mill  for  grind- 
ing and  polishing  saws,  two  mills  for 
manufacturing  wool  for  hats  and  beds, 
and  carding  and  spinning  worsteds, 
and  a  mill  for  grinding  drugs  and  card- 
ing and  spinning  wool.  The  largest 
cotton  mill,  with  4500  spindles,  120 
power  looms/'and  215  hands,  makes 
20,000  yards  of  cloth  weekly.  About 
six  years  before  this  period  there  was 
but  one  toll  house  in  Manayunk,  but 
now  between  two  and  three  thousand 
inhabitants,  and  a  large  town  daily 
increasing. 

PITTSBURGH. — During  the  year 
1827,  fifty-four  boats  made  276  arri- 
vals, and  284  departures  at  and  from 
fhis  place,  and  transporting  34,350 


tons,  consisting  principally  of  goods 
manufactured  in  Pittsburgh  and  neigh- 
bourhood. The  arrivals  at  and  depar- 
ture, from  Pittsburgh,  between  the  1st 
of  November,  1827,  and  the  1st  of  July, 
1828,  were  568,  and  whole  tonnage  was 
33,890  tons. 

PHILADELPHIA. — According  to  the 
annual  report  of  the  fire  companies, 
the  number  of  fires  that  occurred  in 
the  city  and  liberties  of  Philadelphia 
in  1828  was  29,  and  damage  $9500. 
In  1829  the  number  of  fires  was  38, 
and  the  amount  of  damage  $87,670. 
The  whole  number  of  active  firemen 
in  the  city  in  June,  1829,  was  calcula- 
ted at  1760,  and  the  whole  quantity  of 
hose  at  25,200  feet. 

In  October,  1828,  B.  W.  Richards 
was  elected  mayor  for  the  year  ensuing. 

From  a  census  of  the  Philadelphia 
alms-house  taken  by  an  officer,  there 
were  in  that  institution  in  June,  1827. 


ANN  UAL  REGISTER 


865  paupers,  viz :  424  males,  and  441 
females.  Of  the  above  number,  427 
were  natives  of  the  state  of  Pennsyl- 
vania, and  362  were  foreigners ;  and 
of  the  latter  280  were  natives  of  the 
British  dominions. 

The  following  is  a  statement  of  the 
births  and  deaths  in  the  city  during 
the  last  ten  years,  as  appears  from 
the  health  office  documents.  It  will 
be  seen  that  there  was  one  more  death 
in  1829  than  1828  ;  while  there  were 
225  more  births  in  1828  than  in  1829. 


I32t 


BIRTHS. 

Males.       Females. 


Total. 


DEATHS. 


1821 

2630 

2417 

5047 

1822 

3021 

2701 

5722 

1823 

2977 

2S26 

5813 

1824 

3062 

2701 

5833 

1825 

3444 

3182 

6626 

1826 

3526 

3214 

6740 

1827 

3581 

9452 

7033 

1828 

3694 

3506 

7200 

1829 

3638 

3357 

6995 

3374 
3172 
3591 
4600 
4399 
3812 
4151 
3945 
4292 
4293 

REAL  PROPERTY. — The  assess- 
ment of  real  estate  in  Philadelphia 
Proper,  was  in  1826,  $22,278,833;  in 
1829  it  was  $ 24,202,786— being  an  in- 
crease  in  three  years  of  $1,923,955. 

BANKS. — In  the  state  there  are  19 
country  and  10  city  banks.  The 
country  banks  have  a  capital  of 
$3,442,061.17,  have  notes  in  circula- 
tion to  the  amount  of  $3,681,990.13, 
and  have  $766,864.99  in  specie. 
The  city  banks  have  a  capital  of 
$6,721,610.00,  have  notes  in  circula- 
tion to  the  amount  of  $2,504,575.61, 
and  have  $968,541. 11  in  specie.  Grand 
totals  of  capital  $10,163,671.17,  of 
notes  in  circulation  $6,186,565.74, 
and  of  specie  $1,735,406.10. 

STATE  TREASURY. — The  receipts 
at  the  treasury  for  the  year  com- 
mencing 1st  December,  1827,  and 
ending  the  30th  November,  1828, 
were  $3,129,470.09 ;  the  balance  in 
the  treasury  1st  December,  1827,  was 
$167,897.89 ;  which  added  to  the 
amount  received  makes  $3,297,367.96- 
The  expenditures  during  the  same  pe- 
riod were  $3,107,552.50,  leaving  a 
balance  in  the  treasury  on  the  1st  De- 
cember, 1828,  of  $189,815.46.  Of  the 
expenditures,  the  sum  of  $2,611,967 
was  expended  upon  internal  improve- 
ments. For  the  year  commenoinsr 


1st  December,  1828,  and  ending  30th 
November,  1829,  the  receipts  and  pay- 
ments were  as  follows : 

RECEIPTS. 

Lands  and  land  office  fees,  $97,290  79 

Auction  commissions,  19,000  00 

Auction  djtifis,  140,51875 

Dividends  on  bank  stock,  121,289  00 
Dividends  on  bridge  and  turnpike 

stock,  19,640  00 
Tax  on  bank  dividends,  53,184  07 
Tax  on  offices,  9,215  33 
Fees,  secretary  of  state's  office,  1,779  23 
Tavern  licenses,  50,031  67 
Duties  on  dealers  in  foreign  mer- 
chandise, 62,607  92 
State  maps,  691  3G 
Collateral  inheritances,  10,742  19* 
Pamphlet  laws,  55  46" 
Militia  and  exempt  fine*.  .'i.DOO  71 
Tin  pedlers'  licenses,  210  00 
Escheate,  74  24 
Commissioners  of  the  internal  im- 
provement fund,  200,000  00 
Loans,  2,811,238  38 
Old  debts  and  miscellaneous,  9.738  38 

$3,610,388  02A 

Balance  in  the  treasury  1st  Dec. 
1828,  189,815  46.V 

$3,800,153  49 

PAYMENTS. 

Internal  improvements,  $3,049,893  01 

Expenses  of  government,  218,3938:') 

Militia  expenses, 

Pensions  and  gratuities, 

Education,  .112  48 

Interest  on  loans,  '.> 1, 725  00 

Internal  improvement  fund,  108,787  18 

Pennsylvania  claimants, 

State  maps, 

Penitentiary  at  Philadelphia,  6,000  00 

Penitentiary  near  Pittsburgh,  5,466  2; 

Conveying  convicts,  411  27 

Conveying  fugitives, 

House  of  refuge,  2,50000 

Miscellaneous,  17,550  1C 

§3,624,777  51 

Balance  iu  the  treasury  1st  Dec. 
1829,  175,31 


$3,800,153  49 

The  Register  of  Pennsylvania  has 
a  table  of  the  expenses  of  the  govern- 
ment for  that  state,  from  1791  to 
1829.  In  1791,  they  amounted  to 
$69,000;  in  1792,  to  $80,000:  and 
in  1793,  to  $110,000.  They  averag- 
ed from  that  year  to  1818,  about 
$150,000  yearly.  In  1819,  the  amount 
was  $194,000,  but  fell  considerably 
below  that  sum  in  the  subsequent 
years,  until  1827,  when  they  rose  to 
$202,000.  The  last  year's  expenses 
were  $218,000. 

TAXABLES. Reports  of  the  taxa- 
ble inhabitants,  deaf  and  dumb,  and 


PENNSYLVANIA. 


slaves,  111  this  state,  for  1821   and 
1828,  give  the  following  results  : 

Taxdbles.    D.  <$•  D'b.  Slaves. 
1821  208,439  485  224 

1828  253,574  464  148 

MILITIA. — The  militia  of  this  state 
consisted  in  February,  1828,  according 
to  the  latest  returns  recieved  at  the 
department  of  war,  of  167,775  men. 

EDUCATION. — In  1827  there  were 
9,014  scholars  instructed  at  the  pub- 
lic charge  and  at  the  expense  of 
$25,637.36,  in  thirty  one  counties, 
from  which  returns  had  been  made. 
In  1828, 4,477  were  instructed,  and  at 
an  expense  of  $15,067.99.  From  the 
report  of  the  directors  of  the  Pennsyl- 
vania institution  for  the  deaf  and 
dumb,  it  appears  that  twenty-seven 
pupils  were  received  into  the  asylum, 
and  eighteen  discharged  from  it,  dur- 
ing the  year  1829.  At  the  time  of  the 
report,  there  were  seventy-nine  pu- 
pils in  the  institution,  of  whom  43 
were  males,  and  36  females.  Of  the 
whole  number,  thirty-four  were  from 
Pennsylvania,  and  supported  by  the 
funds  of  the  state ;  fourteen  were  from 
Maryland,  and  six  from  New  Jersey, 
on  the  several  foundations  of  those 
states.  Eleven  of  the  pupils  were  de- 
pendent in  whole  or  in  part  upon  the 
private  charitable  funds  of  the  insti- 
tution, arising  from  individual  sub- 
scriptions and  donations,  and  the  re- 
maining fourteen  were  maintained  by 
their  friends. 

CONVENTIONS. — A  convention  on 
the  subject  of  domestic  manufactures 
was  held  at  Harrisburgh,  July  30th, 
1828,  composed  of  delegates  from 
Connecticut,  Delaware,  Kentucky, 
Maryland,  Massachusetts,  New  York, 
New  Hampshire,  New  Jersey,  Ohio, 
Pennsylvania,  Rhode  Island,  Ver- 
mont, and  Virginia.  Joseph  Ritner, 
Esq.  of  Pa.  was  appointed  president, 
and  Jesse  Buel,  Esq.  of  New  York, 
and  Frisby  Tilghman,  Esq.  of  Mary- 
land, were  appointed  vice  presidents; 
William  Halstead,  jr.  of  New  Jersey, 
and  Redwood  Fisher,  of  Pa.  were 
elected  secretaries.  Resolutions  were 
passed  expressive  of  the  sense  of  the 
convention,  and  measures  were  de- 
Voi,.  III. 


vised  to  effect  the  object  for  which 
they  had  assembled.  The  convention 
adjourned  on  the  3d  day  of  August, 
1827. 

January  4£A,  1828. — A  convention 
was  held  at  Harrisburg,  composed  of 
delegates  from  43  out  of  51  counties 
in  the  state,  for  the  purpose  of  nom- 
inating candidates  for  the  office  of 
president  and  vice  president  of  the 
United  States.  John  Quincy  Adams, 
of  Massachusetts,  was  nominated  for 
the  first  office,  and  Richard  Rush,  of 
Pennsylvania,  for  the  latter.  Elec- 
tors of  the  president  and  vice  presi- 
dent were  nominated,  committees  of 
vigilance  were  appointed,  and  an  ad- 
dress to  the  people  was  agreed  upon. 

January  8th,  1828. — The  Jackson 
convention  assembled  at  Harrisburgh, 
132  members  appeared  representing 
every  county  in  the  state.  General 
Andrew  Jackson,  of  Tennessee,  was 
nominated  as  a  candidate  for  the  of- 
fice of  president,  and  John  C.  Calhoun, 
of  South  Carolina,  for  the  office  of 
vice-president  of  the  United  States. 
An  filectoral  ticket  was  adopted,  a 
committee  was  appointed  to  prepare 
an  address  to  the  citizens  of  Pennsyl- 
vania, and  other  measures  were  taken 
to  secure  the  election  of  their  candi- 
dates. 

November,  1828. — The  election  of 
electors  took  place  in  Pennsylvania, 
and  the  Jackson  ticket  received 
101,652  votes,  and  the  Adams  ticket 
50,848  votes. 

LEGISLATURE. — A  resolution  was 
passed  by  the  legislature,  almost  unan- 
imously requesting  their  delegates  in 
congress  to  obtain  the  passage  of  an 
act  for  the  encouragement  of  domes- 
tic industry,  and  embracing  the  items 
recommended  by  the  convention  at 
Harrisburgh  in  July  previous. 

On  the  llth  of  January,  1828,  the 
legislature  passed  resolutions  of  simi- 
lar import  and  of  the  following  tenor : 

Be  it  resolved  by  the  senate  and 
house  of  representatives  of  the  com- 
monwealth of  Pennsylvania  in  gen- 
eral assembly  met,  That  the  senators 
of  this  state,  in  the  senate  of  the  Uni- 
ted States,  be  and  they  are  hereby  in- 
16* 


ANNUAL  REGISTER— 1827-8-9. 


structed,  and  the  representatives  of 
this  state,  in  congress,  be  and  they 
are  hereby  requested,  to  procure,  if 
practicable,  the  establishment  of  such 
a  tariff  as  will  afford  additional  pro- 
tection to  our  domestic  manufactures, 
especially  of  woollen  and  fine  cotton 
goods,  glass,  and  such  articles  as  in 
their  opinion,  require  the  attention 
of  congress,  so  as  to  enable  our  citi- 
zens fairly  to  compete  with  foreign  en- 
terprise, capital,  and  experience,  and 
give  encouragement  to  the  citizens  of 
the  grain  growing  states,  by  laying  an 
additional  duty  upon  the  importation 
of  foreign  spirits,  flax,  china  ware, 
hemp,  wool,  and  bar  iron. 

And  be  it  further  resolved,  That 
the  governor  be,  and  he  is  hereby  re- 
quested to  transmit  a  copy  of  the 
foregoing  preamble  and  resolution  to 
each  of  our  senators  and  representa- 
tives in  congress. 

January,  1829. — A  resolution  was 
passed  requesting  the  senators  from 
Pennsylvania  to  produce  the  passage 
of  a  law  to  abolish  slavery  in  the  dis- 
trict of  Columbia,  in  such  a  manner  as 
they  may  consider  consistent  with  the 
rights  of  individuals  and  the  constitu- 
tion of  the  United  States. 

The  legislature,  in  January,  1829, 
is  said  to  have  consisted  of  gentlemen 
of  the  following  professions,  viz.  46 
farmers,  17  mechanics,  15  lawyers, 
4  doctors,  8  merchants,  2  printers,  3 
inn-keepers,  4  surveyors,  and  one  pri- 
vate gentleman,  in  the  house  of  repre- 
sentatives; and  in  the  senate,  there 
were  17  farmers,  1  surveyor,  2  doc- 
tors, 1  iron  master,  1  inn-keeper,  7 
lawyers,  1  private  gentleman,  2  mer- 
chants, and  1  mechanic. 
«  PENNSYLVANIA  HOSPITAL. — The 
expenditures  of  this  institution  during 
the  year  ending  April  25th,  1829,  were 
$35,109.17,  and  the  receipts  during 


the  same  time  were  $45,164.12.  The 
number  of  patients  admitted  into  the 
hospital  during  the  last  ten  years, 
were  9,250.  Of  these,  4,600  were 
poor  patients.  The  whole  number  of 
deaths  634.  On  the  26th  of  April, 
1828,  there  were  114  pay  patients, 
and  95  poor  patients  in  the  house, 
during  the  year;  492  pay  patients,  and 
661  poor  were  admitted,  and  500  pay 
patients  and  600  poor  were  discharged, 
leaving  in  the  institution,  on  the  25th 
April,  1829, 106  pay  patients,  and  105 
poor.  Of  1362  patients,  694  were  dis- 
charged cured,  128  relieved,  96  re- 
moved by  friends,  or  at  their  own  re- 
quest, 9  discharged  for  bad  conduct, 
11  eloped,  95  died,  and  211  remain. 
Of  the  1362  patients,  820  were  natives 
of  the  United  States,  374  of  Ireland, 
71  of  England,  and  the  remaining  of 
18  other  jcountries. 

March  6th,  1829.— At  half  past 
9  o'clock,  A.  M.,  the  convention  at 
Harrisburgh,  for  the  purpose  of  nomi- 
nating a  candidate  for  the  office  of 
governor,  proceeded  to  their  13th  bal- 
lot. At  this  ballot  Mr.  Wolf  received 
57  votes,  Mr.  Barnard  57,  and  Mr. 
Stephen  17:  14th  ballot,  Mr.  Wolf  re- 
ceived  65  votes,  Mr.  Barnard  62,  and 
Mr.  Stephenson  5 :  15th  ballot,  Mr. 
Wolf  received  70  votes,  Mr.  Barnard 
62,  and  Mr.  Wolf  having  a  majority 
of  the  votes  was  declared  duly  chosen 
as  the  democratic  candidate  for  the 
office  of  governor. 

June  25f  h,  1829. — An  anti-mason- 
ic convention  was  held  at  Harris- 
burgh,  composed  of  delegates  from  13 
counties.  Joseph  Ritner,  Esq.  was 
unanimously  nominated  for  governor 
in  opposition  to  G.  Wolf,  Esq. 

October,  1829.— The  election  took 
place,  and  Mr.  Wolf  was  elected  by  a 
large  majority. 


DELAWARE. 


[183 


DELAWARE. 


Jan.  1828. — The  house  of  repre- 
sentatives of  Delaware,  being"  equal- 
ly divided  on  the  presidential  ques- 
tion," could  not  elect  a  speaker. 
They  balloted  from  Jan'y  1st  to  the 
5th,  10  against  10,  and  then  broke  up 
informally,  sine  die.  The  absent 
member,  who  was  sick,  addressed  a 
letter  to  the  tellers,  declaring  his  at- 
tachment to  the  present  administra- 
tion, and  stating  that  he  would  vote 
for  Dr.  Morris,  the  administration 
candidate  for  speaker. 

October. — The  election  of  the  re- 
presentatives in  congress  took  place 
on  the  7th  inst.,  and  resulted  in  the 
choice  of  Mr.  Johns,  a  friend  Of  Mr. 
Adams.  The  majorities  were 

Johns'  maj.  Bayard's  maj. 

Newcastle  co.  325 

Kent  294 

Sussex  450 

744 

Majority  419  in  favour  of  Mr.  Johns. 

November,  1828. — The  legislature 
of  the  state  met  at  Dover  the  17th 
November.  All  the  members  of  the 
legislature,  thirty,  were  present. — 
Presby  Spruence,  Esq.  was  elected 
speaker  of  the  senate,  and  Dr.  Wil- 
liam Winder  Morris  elected  speaker 
of  the  house  of  representatives. 
The  same  day  both  houses  convened 
in  the  senate  chamber — the  presid- 
ing officers  of  both  houses  officiating, 
to  proceed  to  elect  three  electors  of 
president  and  vice  president  of  the 
United  States,  when  David  Hazard, 
Esq.  of  Sussex,  Dr.  John  Adams,  of 
Kent,  and  James  Canby,  Esq.  of 
Newcastle,  the  candidates  of  the  ad- 
ministration party,  were  chosen. — 
These  gentlemen  had  each  of  them 
nineteen  votes,  and  the  Jackson  can- 
didates had  each  eleven  votes. 

CANAL. — The  Chesapeake  and 
Delaware  canal  which  was  com- 
menced in  1829,  commences  at  Dela- 
ware city,  about  46  miles  below  Phi- 
ladelphia, and  crosses  the  peninsula 
hi  the  states  of  Delaware  and  Marv- 


land,  in  a  direction  nearly  west,  and 
enters  Back  creek,  a  navigable 
stream,  which  runs  into  Elk  river,  a 
large  branch  or  arm  of  Chesapeake  bay. 

It  is  calculated  for  the  navigation  of 
sea  vessels  of  a  draught  not  exceeding 
ten  feet.  Its  length  is  13£  miles. 
Its  breadth  at  top,  is  60  feet,  and  at 
bottom  40  feet.  Its  highest  level  is 
8  feet  above  tide  water,  and  its  locks 
are  100  feet  long  and  22  feet  wide. 
The  cost  of  the  canal  exceeds  two 
millions,  and  the  government  of  the 
United  States  have  subscribed  $450, 
000;  the  state  of  Pennsylvania, 
100,000  dollars ;  Maryland  $50,000, 
and  Delaware,  $25,000,  towards  its 
erection. 

VALUE  OF  LANDS. — In  New  Cas- 
tle county,  the  lots  and  houses  are  as- 
sessed separately.  The  highest  rate 
is  $44.04  per  acre,  in  Christiana 
hundred,  which  has  the  most  manu- 
facturing establishments,  and  the  low- 
est is  $7.04 ;  in  Appoquinimmk, 
which  has  few  or  no  manufacturing 
establishments ;  all  the  other  hun- 
dreds approach  or  retire  from  the 
highest  value  in  proportion  to  their 
manufacturing  industry.  The  whole 
valuation  of  lands,  lots,  and  houses,  in 
this  county,  is  $8,086,932 ;  of  this  sum 
2,710,000  is  in  Christiana  hundreds. 

January,  1829. — John  M.  Clayton 
was  elected  senator  of  the  United 
States,  from  the  3d  of  March  follow- 
ing, in  the  place  of  Mr.  Ridgely, 
whose  term  of  service  then  expired. 
The  vote,  in  joint  ballot  of  the  two 
branches  of  the  Assembly,  was,  for 
Mr.  Clayton  19,  and  for  Mr.  Ridgely 
10  votes. 

February,  1829. — A  law  was  pass- 
ed by  the  legislature,  altering  the 
mode  of  choosing  electors,  and  di- 
recting them  to  be  chosen  by  general 
ticket. 

HORRIBLE  DEVELOPMENT. — At  the 
court  of  quarterly  sessions,  held  in 
May,  1829,  in  Sussex  county,  the 
grand  jury  found  three  indictments 
against  Patty  Cannon,  for  murder. 


1-24] 


ANNUAL  REGISTER— 1827-8-9. 


and  one  against  each  of  the  brothers, 
Joe  Johnson  and  Ebenezer  Johnson, 
for  the  same  crime.  It  appears  that, 
in  the  latter  part  of  March  or  fore  part 
of  April,  1829,  a  tenant  who  lives  on 
the  farm  where  Patty  Cannon  and  her 
son-in-law,  Joseph  Johnson,  a  cele- 
brated negro  trader,  lived  for  many 
years  in  the  northwest  fork,  near  the 
Maryland  line,  was  ploughing  in  the 
field,  in  a  place  generally  covered  with 
water,  when  his  horse  sunk  in  a  grave, 
and  on  digging,  he  found  a  blue  paint- 
ed chest,  in  which  were  found  some 
human  bones.  The  news  immediate- 
ly spread  through  the  country,  and 
the  people  who  visited  the  place,  con- 
cluded that  they  must  be  the  bones  of 
a  negro-trader  from  Georgia,  named 
Bell  or  Miller,  or  perhaps  both,  who 
disappeared  suddenly  ten  or  twelve 
years  before,  and  who  were  probably 
murdered  by  Johnson  and  his  gang. 
On  the  2d  of  April,  one  of  Johnson's 
accomplices,  named  Cyrus  James, 
was  caught  and  brought  before  a  jus- 
tice, and  on  his  examination,  stated 
that  Joseph  Johnson,  Ebenezer  F. 
Johnson,  and  old  Patty  Cannon,  had 
shot  the  man  while  at  supper  in  her 
house,  and  he  saw  them  engaged  in 
carrying  him  away  in  the  chest.  He 
also  stated  that  many  others  had  been 
killed,  and  that  he  could  point  out 
where  they  were  buried.  On  pro- 
ceeding to  the  places  designated,  and 
digging,  they  found  the  bones  of  a 
young  child,  the  mother  of  which  he 
stated  was  a  negro  woman,  who  be- 
longed to  Patty  Cannon,  but  the  child 
being  a  mullatto,  Patty  killed  it,  be- 
cause she  supposed  its  father  to  be 
one  of  her  own  family.  In  another 
place  a  few  feet  distant,  two  boxes 
were  found  containing  human  bonea. 
The  bones  in  one  of  the  boxes,  were 
those  of  a  child  about  seven  years  of 
age,  which  James  said  he  saw  Patty 
knock  in  the  head  with  a  billet  of 
wood ;  and  the  bones  in  the  other  box, 
were  those  of  a  child  killed  because 
it  was  bad  property,  being  free  born. 
The  place  where  these  horrid  events 
occurred,  is  on  the  borders  of  Dela- 
ware and  Maryland,  and  has  been 


long  frequented  by  persons  engaged 
in  negro-stealing  and  negro-trading. 

1827. — FINANCES. Estimate  of 

the  funds  of  this  state. 


Bank  stock, 

Debts  due  the  state, 

Balance  in  treasurer's  hands, 

School  fund : 
Stocks, 

College  fund : 
Stocks, 
Balance  in  hands  of  trustee, 


969,950  00 
1,719  82J 
2,122  68 £ 

154,114  00 

1,30000 

192  74 

$229,39925 


Present  value  of  stocks,  &c.,  be- 
longing to  the  state,  67,4]  7  51 
Do.  of  the  school  fund,  144,72109 
Do.  of  the  college  fund,  1,362  74 

January  4, 1828,  $213,501  34 

1828.    State  of  the  finances : 
Present  value  of  stocks,  &c.,  be- 


longing to  the  state, 
Do.  of  the  school  fund, 
Do.  of  the  college  fund, 

January  14, 1829, 


$63,575  00 
151,643  42 
1,420  36 

$216  648  78 


COMMON  SCHOOL  FUND. — The  ori- 
ginal act  to  create  a  fund  for  this  pur- 
pose, appropriated  for  it  the  money 
arising  from  marriage  and  tavern  li- 
censes, from  which  alone,  (with  the 
exception  of  a  very  small  sum,  deri- 
ved from  other  sources,)  the  present 
school  fund  has  been  accumulated. 
Thirty-two  years  have  elapsed  since 
the  act  went  into  operation,  and  the 
amount  of  that  fund  may  be  now  no- 
minally estimated  at  $168,773.40. 
During  a  period  of  ten  years,  com- 
mencing with  the  first  day  of  Janua- 
ry, 1819,  and  ending  with  the  first 
day  of  January,  1829,  the  number  of 
marriage  licenses  dispensed  in  the 
state  was  4,210.  The  yearly  revenue 
flowing  from  this  source  amounted  to 
the  sum  of  $842.  The  number  of 
tavern  licenses  dispensed  during  a 
period  of  ten  years,  was  1,137, 
yielding  a  yearly  revenue  of  $1,368. 

Estimate  of  Annual  Income. 
Annual  dividend  on  2439  shares  of 

stock  in  the  Fanners'  Bank  of  the 

state  of  Delaware,  or  $121,950,  at 

5  per  cent.  $6,097  50 

Do.  do.  on  37  share*  of  stock  in  the 

Bank  of  Delaware,  at  $20  per 

share,  740  00 

Do.  do.  on  32  shares  of  stock  in  the 

Bank  of  the  United  States,  at 

$6.50  per  share,  208  00 


MARYLAND. 


[125 


Proceeds  of  marriage  and  tavern 
licenses, 


2,210  00 


Showing  an  annual  income  for  the 
purposes  of  education,  of  $9,255.50, 


without  taking  into  the  estimate  the 
sum  of  $25,000  in  stock  of  the  Chesa- 
$9,255  50    peake  and  Delaware  canal  company, 

and  which  is  at  present  unproductive, 

or  the  uninvested  balance  of  $6,401.40 
in  the  hands  of  the  trustee. 


MARYLAND. 


TOBACCO. — The  following  is  an  ab- 
stract of  the  exports  of  1827,  crop  of- 
1826,  sales  in  Europe  in  1827,  and  the 
whole  stock  on  hand  1st  January, 

1828: 

To  Amsterdam.  Rotterdam.  Bremen. 
From  Baltimore,  hds.  4602          6967         8157 
District  of  Columbia,  6096          1527          3655 

Also,  from  Baltimore  508  hhds.  to 
Hamburgh,  138  to  Stockholm,  259  to 
London,  and  120  to  Bordeaux ;  and 
from  the  District  of  Columbia,  1868 
to  Cowes  and  a  market,  and  854  to 
Havre.  Total  from  Baltimore  20,751 
hhds. ;  from  the  district  of  Columbia 
14,000— together  34,751;  exclusive 
of  870  from  Baltimore,  and  150  from 
the  District,  sent  to  other  ports,  and 
thence  forwarded  to  Europe — whole 
export  in  1827,  35,771  hhds. 

There  remained  on  hand  on  the  1st 
January,  1828, 

In  the  warehouses  at  Baltimore,  hhds.        6,761 
on  the  Potomac,  2,300 

Patuxent,  &c.  700 


Export  as  above, 


There  was  on  hand,  1st  Jan.  1827, 


9,761 
35,771 

45,532 
14,011 


Whole  crop  of  Maryland  and  Ohio  to- 
bacco of  1826,  31,521 
To  wit,  24,021  Maryland,  and  7500  in  Ohio. 

The  stock  on  hand  is  given  as  fol- 

lows_lst  Jan.  1828  : 

At  Baltimore,  &c.  9,761 

Amsterdam,  7,966 

Rotterdam,  5,647 

Bremen,  and  on  the  way,  5,408 

London,  600 

Hamburgh,  400 

All  other  places,  000 

Add  estimated  crops  of  1827,  38,000 

Whole  amount  on  hand,  68,682 

The  whole  quantity  sold  in  Europe 
in  1827,  was  as  follows : 

In  Amsterdam,  10,507 

Rotterdam,  8,426 

Bremen,  9,700 

All  other,  2,500 

30.833 


1828. — LEGISLATURE. — The  annu- 
al session  of  the  legislature  com- 
menced on  the  1st  of  January. 

In  the  senate,  ten  members  appear- 
ed. Before  the  senate  adjourned,  a 
letter  was  received  from  the  Hon.  Ed- 
ward Lloyd,  announcing  his  indispo- 
sition, and  his  resignation  of  the  pre- 
sidency of  the  senate.  When  the  se- 
nate met,  on  Tuesday,  Gen.  William 
H.  Marriott  was  chosen  president. 

In  the  house,  on  Monday,  seventy- 
five  delegates  appeared,  and  were 
qualified.  Five  members  were  absent. 
On  Tuesday  the  house  proceeded  to 
the  election  of  speaker,  when  Mr.  J. 
G.  Chapman,  of  Charles  county,  was 
nominated  by  the  friends  of  the  ad- 
ministration, and  Mr.  F.  Thomas,  of 
Frederick,  by  the  friends  of  Gen.  Jack- 
son. The  result  of  the  ballot  was  the 
election  of  Mr.  Chapman  ;  he  received 
41  votes,  and  Mr.  Thomas  35  votes. 

THE  VINE. — A  company  has  been 
formed  at  Baltimore  for  the  cultiva- 
tion of  the  vine — Gen.  Wm.  M'Don- 
ald,  president,  Dr.  C.  S.  Monkur,  sec- 
retary, with  directors  and  a  treasurer, 
pursuant  to  an  act  of  incorporation  by 
the  legislature  of  Maryland — shares  at 
$10  each,  capital  3,000,  with  the 
privilege  of  increasing  it  to  12,000. 
The  object  is  to  establish  an  experi- 
mental vineyard,  &c. 

February. — DEAF  AND  DUMB. — The 
general  assembly  of  Maryland  unani- 
mously passed  an  act  appropriating 
3,500  dollars  annually,  for  the  educa- 
tion of  the  deaf  and  dumb  of  the  state 
— not  to  exceed  160  dollars  a  year  to 
each  person. 

April. — RAIL  ROAD. — The  house 
of  delegates  of  this  state,  on  the  28th 
ult.,  passed  an  act  to  subscribe  for 
5000  shares  of  stock  in  the  Baltimore 
and  Ohio  rail  road  company,  reserving 


126] 


ANNUAL  REGISTER— 1827-8-9. 


the  right  to  subscribe  for  as  many 
more  at  any  time  before  the  close  of 
the  next  session  of  the  legislature.  It 
passed  45  to  23. 

November. — The  following  is  a  cor- 
rect return  of  majorities  in  the  several 
electoral  districts  of  Maryland  for  elec- 
tors of  president  and  vice-president : 

Adams.  Jackson. 

1st.  In  St.  Mary's,  Charles, 
&  Culvert— Mr.  Brawner,  930 

2d.  Prince  George  and  Mont- 
gomery— Mr  Forrest,  443 

3d.  Frederick,  Washington, 

and  Allegbany Messrs. 

Tyler  and  Fitzhugh,  60  &  63 

4th.  City  of  Baltimore  and 

Anne  Anindel Messrs. 

Howard  and  Sellman,  815  &  314 

5th.  Baltimore  county — Mr. 

Brown,  1340 

6th.  Harford  and  Cecil 

Mr.  Sewall,  29 

7th.  Kent  and  Queen  Anne 
— Mr.  Emory,  .  86 

8th.  Talbot  and  Caroline- 
Mr.  Loockerman,  501 

9th.  Somerset!  and  Worces- 
ter—Mr. Dennis,  682 


2677  1715 

1715 

962 

January  1st,  1829. — The  legisla- 
ture commenced  its  session,  66  mem- 
bers having  appeared  in  the  house  of 
delegates,  and  10  in  the  senate,  Gen. 
Wm.  H.  Marriott  was  chosen  presi- 
dent of  the  senate,  and  John  G.  Chap- 
man, Esq.  was  elected  speaker  of  the 
house,  and  Gideon  Pearce  clerk. 

January  5th. — The  term  for  which 
Governor  Kent  is  constitutionally 
eligible  having  expired,  the  legislature 
of  the  state  proceeded,  to  the  election 
of  a  governor  for  the  year  ensuing. 
Daniel  Martin,  of  Talbot  county,  and 
George  E.  Mitchell,  of  Cecil  county, 
were  put  in  nomination.  On  count- 
ing the  ballots,  it  appeared  that  90 
votes  were  taken,  of  which  52  were 
for  Mr.  Martin,  and  38  for  Col.  Mitch- 
ell: whereupon,  it  was  declared  in 
both  houses  that  Daniel  Martin  was 
duly  elected  governor  of  Maryland 
for  the  ensuing  constitutional  period. 

SCHOOLS. — Provision  has  been  made 
for  the  establishment  of  primary 
schools  throughout  the  state.  There 
are  8  or  10  academies  in  the  state 
which  receive  from  $400  to 


nually  from  the  state  treasury.  The 
grant  of  the  state,  for  colleges,  acade- 
mies, and  schools,  for  the  year  1829, 
amounted  to  $13,000. 

BANES. — There  are  twelve  banks 
in  the  state  with  a  capital  of 
$10,450,000.  Of  these  banks,  eight 
are  in  Baltimore,  and  have  a  capital 
of  $8,200,000. 

FINANCES. — Abstract  from  the  an- 
•  nual  report  of  the  treasurer  of  the 
Western  shore  to  the  legislature  of 
Maryland. 

Receipts  for  the  year  ending  1st  De- 
cember, 1828. 

Whole  amount  received 

Branches  of  Revenue.  in  1828. 

Amerciaments,  $397  86 

Auction  duties,  2,309  17 

Auctioneers'  licenses,  3,450  00 

B  ank  stock,  30,050  84 

Billiard  table  licenses,  830  17 

Direct  taxes,  2,789  46 

The  Eastern  shore  treasury,  18,234  07 

Fines  and  forfeitures,  1,629  09 

Funded  3  per  cent,  stock,  10,053  03 
Hawkers  and  pedlers'  licenses, 

Interest  (on  personal  accounts)  1,110  50 

Land  office  account,  3,814  92 

Licenses  to  dealers  in  lottery  tickets,  1,102  53 

Licenses  to  retail  dry  goods,  4,512  15 

Licenses  to  retail  spirituous  liquors,  4,583  28 
Licenses  to  retail  spirituous  liquors 

at  horse  races,  62  07 

Licenses  to  vend  by  wholesale,  17  50 

Marriage  licenses,  4,364  18 

Ordinary  licenses,  15,797  39 

The  penitentiary,  2,522  36 

Road  stock,  615  00 

State  lotteries,  3,500  00 
State  tobacco  inspection  in  Baltimore,  27,275  22 

The  state's  wharves  in  Baltimore,  487  84 

Tax  on  plaintiffs,  1,318  61 

Taxes  in  chancery,  934  78 

Traders'  licenses,  12,375  80 
The  Union  Manufacturing  Company 

of  Maryland,  400  00 

The  university  of  Maryland,  1,55356 

Victuallers'  licenses,  241  95 

$155,872  36. 

Of  this  sum  there  had  accrued  prior 

to  the  year  1828,  243,44  95 

Accrued  during  the  year  1828,  132,421  36 
To  which  add  the  receipts  on  the 

following  accounts,  viz. 

Costs  of  suit,  63  67 

Loan  of  1828,  30,000  00 

The  public  building,  100  62 

Rail  road  5  per  cent,  stock,  25,000  00 

The  Union  Bank  of  Maryland,  10,000  00 

$221,036  65 


Balance  in  the  Western  shore  trea- 
sury, 1st  December,  1827, 


76,291  39 
$297,328  04 


MARYLAND. 


[127 


Of  the  abave  there  was  received  in- 
to the  Eastern  shore  treasury  du- 
ring the  said  period : 

Of  revenue  accrued  previous  to  the 
year  1828,  10,104  16 

Of  revenue  accrued  during  the  year 
1828,  7,265  06 

$17,369  22 


Expenditures  in  the  year  ending  1st 
December,  1828. 

On  the  Western  shore,  and  on  the  following 

accounts,  viz. 
The  Baltimore  and  Ohio  Kail  Road 

Company,  25,000  00 

The  board  of  public  works,  279  68 

Chancery  records,  2,398  10 

Civil  officers,  14,448  s8 

Colleges,  academies,  and  schools,  12,999  98 

The  colonization  society,  1,000  00 

Commission,  315  03 

The  executive  contingent,  3,375  28 

Indian  annuities,   •  107  50 

Internal  improvement  sinking  fund,  615  00 

The  judiciary,  35,705  66 

The  legislature,  43,303  35 

The  library,  200  00 

Loans  of  1827-28— for  interest,  4,497  17 

The  militia,  2,647  92 

Miscellaneous  account,  6,256  96 

The  penitentiary,  12,295  00 

Penitentiary  5  per  cent,  stock  of  1822,  1,397  20 

Pensions — to  officers  and  soldiers,  15,370  89 
The  public  buildings  at  the  seat  of 

goverment,  2,621  94 
State  tobacco  inspection  in  Baltimore,  7,225  00 
The  state's  tobacco  warehouses  in 

Baltimore,  61,692  81 

University  5  per  cent,  stock  of  1822,  1,500  00 

The  university  sinking  fund,  500  00 

The  Washington  monument,  14,249  36 


Balance  in  the  Western  shore  trea- 
sury, 1st  December,  1828,  30,325  73 

$297,328  04 
On  the  Eastern  shore,  and  on  the  following 


$1,040  49 

25628 

442  00 

94  01 

40  00 


accounts,  viz. 
Civil  officers, 
Commission, 
The  judiciary, 
Miscellaneous  account, 
Pensions, 

$1,872  78 

Payment  iuto  the  Western  shore  trea- 
sury, 7th  June,  1828,  (being  part 
of  its  receipts,)  6,885  88 

Balance  in  the  Eastern  shore  treasu- 
ry, 1st  December,  1828,  8,610  56 

$17,369  22 


The  amount  of  the  productive  ca- 
pital of  the  state  is  $935,601  50 
Unproductive  capital,  264,373  09 

Total,        $1,199,974  59 

BALTIMORE  AND  OHIO  RAIL  ROAD. 

. — The  foundation  stone  of  this  road 
•was  laid  on  the  4th  of  July,  1828,  in 


the  midst  of  an  immense  concourse  of 
spectators.  Mr.  John  B.  Morris  de- 
livered an  address,  and  after  that  was 
concluded  the  deputation  of  the  black- 
smiths' association,  advancing,  pre- 
sented Mr:  Carroll  the  pick,  spade, 
stone-hammer,  and  trowel,  prepared 
for  the  occasion  ;  and,  after  making 
an  appropriate  address,  the  deputa- 
tion from  the  stone  cutters  came  for- 
ward, and  the  car,  containing  the 
foundation  stone,  was  driven  to  the 
spot.  While  the  stone  was  prepar- 
*ing,  Mr.  Carroll,  accompanied  by  the 
grand  marshal  of  the  day,  and  Mr. 
John  B.  Morris,  and  bearing  in  his 
hand  the  spade  just  presented,  de- 
scended from  the  pavilion,  and  ad- 
vanced to  the  spot  selected  for  the 
reception  of  the  foundation  stone,  in 
order  to  strike  the  spade  into  the 
ground.  He  walked  with  a  firm  step, 
and  used  the  instrument  with  a  steady 
hand. 

The  stone  contained  the  following 
inscription : 

THIS  STONE, 

Presented  by  the  STONE  CUTTERS  of  Baltimore, 
In  commemoration  of  the  commencement  of 

the  BALTIMORE  AND  OHIO  RAIL  ROAD, 
was  here  placed  on  the  4th  of  July,  1828,  by  the 

GRAND  LODOB  OF   MARYLAND, 
assisted  by  CHARLES  CARROLL  OF  CARROLLTON, 

the  last  surviving  signer 
op  THE  DECLARATION  OF  AMERICAN  INDEPEN- 
DENCE, 

and  under  the  direction  of  the  president  and  di- 
rectors OF  THE  RAIL  ROAD  COMPANY. 

On  each  side  of  the  stone  was  this 
inscription : 

FIRST  STONE 

Of  the  Baltimore  and  Ohio  rail  road. 

In  a  cavity  of  the  stone  was  depo- 
sited a  glass  cylinder,  hermetrically 
sealed,  containing  a  copy  of  the 
charter  of  the  company,  as  granted 
and  confirmed  by  the  states  of  Mary- 
land, Virginia,  and  Pennsylvania, — 
and  the  newspapers  of  the  day,  to- 
gether with  a  scroll,  containing  a 
history  of  the  progress  of  the  work  ; 
of  the  time  when  it  was  first  agitated ; 
of  its  receiving  its  charters  of  incor- 
poration ;  of  the  engineers  who  sur- 
veyed the  route  ;  of  the  stock  being 
subscribed  for,  and  of  the  gentlemen 
under  whose  management  the  founda- 
tion stone  was  laid.  After  the  stone 


128] 


ANNUAL  REGISTER— 1827-8-9. 


was  laid,  the  deputation  of  hatters 
presented  a  beautiful  beaver  hat  to 
Mr.  Carroll,  and  another,  of  like  beau- 
ty, to  General  Smith.  A  coat,  made 
on  the  way,  was  also  presented  to 
Mr.  Carroll  by  the  weavers  and  tai- 
lors ;  and  also  the  engineer's  report, 
elegantly  bound,  was  presented  to 
him  by  the  bookbinders.  The  cere- 
monies on  the  ground  were  concluded 
about  twelve  o'clock,  and  the  day  was 
closed  with  the  utmost  harmony  and 
quiet. 

CENTENARY  CELEBRATION. — The 
8th  of  August,  1829,  being  the  cente- 
nary anniversary  of  the  passage  of  an 
act,  which  passed  on  the  8th  of  Au- 
gust, 1729,  entitled  "an  act  for  erect- 
ing a  town  the  north  side  of  Patap- 
sco,  in  Baltimore  county,  and  for  lay- 
ing out  into  lots,  60  acres  of  land,  in 
and  about  the  place  where  one  John 
Fleming  now  lives,"  and  which  day, 
the  citizens  of  Baltimore  had  deter- 
mined to  celebrate ;  it  was  embraced 
by  the  directors  of  the  Baltimore  and 
Susquehannah  rail-road  company  as 
a  proper  occasion  to  lay  the  corner 
stone  of  the  great  work  which  they 
had  engaged  in. 

The  ceremonies  of  the  day  were 
commenced  by  an  assemblage  of  the 
citizens,  at  7  o'clock,  in  Monument 
square,  where  seats,  in  front  of  the 
court  house,  had  been  provided  for 
the  revolutionary  soldiers,  governor, 
and  other  officers  of  the  state,  city, 
navy,  army,  and  foreigners  of  distinc- 
tion, sheltered  by  a  canopy,  decorated 
in  the  most  tasteful  manner. 

George  Winchester,  esq.  the  presi- 
dent of  the  company,  delivered  an  ad- 
dress, explanatory  of  its  objects  and 
views  ;  and  having  concluded,  Col. 
William  Steuart,  the  deputy  grand 
master,  in  the  presence  of  the  ma- 
sonic brethren,  and  the  thousands  as- 
sembled to  witness  it,  performed  the 
ceremony  of  laying  the  stone. 

On  one  side  of  the  inscription 
plate  were  engraved  these  words  : 

IN   COMMEMORATION  OF 

the  commencement  of  the 
Baltimore  and  Susguehannah,   rail  road,  Hits 

stone  was  placed, 
ON  THE  STH  DAY  OP  AUOUST,  A.  D.  1829, 


By  the  Grand  Lodge  of  Maryland. 
Under  the  direction  of  the  president  and  direc- 
tors of  the  rail  road  company,  being  the  first 

IICNDRKTH    ANNIVERSARY  OP 

BALTIMORE  ; 

Which  was  laid  out  under  an  act  of  the  assem- 
bly of  the  province  of  Maryland, 
Passed  on  the  8th  day  of  August,  A.  D.  1729. 

And  on  the  other  side  were  inscrib- 
ed the  following : 

IN  THE  MTH  YEAR  or  THE 
Independence  of  the.  United  States. 
Andrew  Jackson,  president  of  the  U.  S. 
Daniel  Martin,  governor  of  Maryland. 
Jacob  Small,  mayor  of  the  city  of  Baltimore. 
George  Winchester,  president  of  the  rail  road 
company. 

BALTIMORE — BILL  or  MORTALI- 
TY.— The  deaths  in  Baltimore  during 
the  year  1828,  were  1702  ;  of  whom 
100  were  slaves,  and  340  free  colour- 
ed persons.  Of  the  following  ages — 
still  born  99 ;  under  1  year  435 ;  be- 
tween 1  and  2,  134 ;  2  and  5, 149  ;  5 
and  10,  53 ;  10  and  21,  87 ;  21  and 
30,  152  ;  30  and  40,  156 ;  40  and  50, 
155 ;  50  and  60, 106 ;  60  and  70,  83  ; 
70  and  80,  51 ;  80  and  90,  40 ;  90  and 
100,  7— Above  100, 4. 

Some  of  the  principal  diseases 
were — consumption  295,  cholera  in- 
fantum  110,  convulsions  68,  casualty 
24,  croup  34,  dropsy  43,  do.  in  the 
head  33,  drowned  27,  dysentery  20, 
fever  catarrhal  26,  bilious  70,  typhus 
21,  liver  complaint  28,  marasmus  27, 
old  age  93,  palsy  20,  still  born  90, 
sudden  30,  whooping  cough  40  ;  all 
else,  so  far  as  known,  under  20. 

TREASURY. — The  whole  receipts 
into  the  city  treasury  for  the  last 
year,  including  a  balance  from  the 
last  of  $7,764.09,  was  $196,248.68— 
chiefly  from  direct  taxes  upon  proper- 
ty— though  the  duties  on  auctions 
produced  $25,970,  tonnage  about 
10,000,  tax  on  ordinaries  7,000,  li- 
censes in  general  8,600,  &c.  The  re- 
ceipts are  balanced  by  the  expendi- 
tures, except  $16,918.32  remaining 
in  the  treasury;  some  of  the  chief 
items  were — watching  and  lighting 
the  city  $25,888  ;  deepening  and  pre- 
serving the  harbour  $29,895;  inte- 
rest on  city  debt  $19,895 ;  rail  road 
stock,  $5,000r&c. 

CLAIMS. — The  committee  of  claims 
of  the  heuse  of  representatives  have 


VIRGINIA. 


15411 


admitted  the  sum  of  $7,434.50,  as 
being  due  to  the  city  of  Baltimore 
for  expenses  incurred  in  the  late 
war,  still  rejecting  $7,782.64 — the 
whole  sum  claimed  as  yet  due  being 
$15,159.09.  And  the  committee  on 
commerce  of  the  same  house,  al- 
lowed the  sum  of  $31,143.39  as  be- 
ing still  due  to  the  owners  of  the  ves- 
sels that  were,  sunk  for  the  protection 
of  our  city,  when  about  to  be  attacked 
by  the  enemy. 

BALTIMORE  INSPECTIONS. City 

register's  office,  Wth  July,  1828. — 
Amount  of  inspections  in  the  city  of 
Baltimore,  exclusive  of  those  return- 
ed to  the  state  during  the  last  quarter, 
ending  1st,  viz  : 
117,399  bis.  and  5,302  half  bis.  wheat 

flour. 
467  do.  rye  flour. 


3429  do.  corn  meal. 

1135  kegs  butter,  and  2156  kegs  of 

lard. 

181  hhds.  flaxseed,  rough. 
1460  bis.  raw  turpentine. 
786  do.  foreign  packed  pork. 
152  do.  and  2  half  bis.  do.  do.  beef. 
205  do.  and  28  do.  Bait.  do.  do. 

BALTIMORE     FIREMEN,    &c. A 

communication  in  the   Gazette  con- 
tains the  following  statement : 

There  are  in  our  city,  14  engine 
and  hose  companies,  employing  27 
engines,  of  the  following  sizes,  viz.  1 
of  9£  inch  chambers,  1  of  8£  inch,  2 
of  8  inch,  4  of  7£  inch,  4  of  7  inch, 
12  of  6  inch,  and  3  of  5  inch — there 
are  in  the  possession  of  these  compa- 
nies, 18,000  feet  of  hose,  prepared  for 
instant  operation,  and  1300  active  and 
efficient  members. 


VIRGINIA. 

December,  1827. — The  legislature    being  in  favour  of  Mr.  Calhoun,  for 
•of  this  state  convened  on  the  third    the  vice-presidency,  against  26  oppos- 
instant,  at  Richmond.     Mr.  Holt  was     -J  A- 
re-elected  speaker  of  the  senate,  and 
Mr.  Banks  speaker  of  the  house  of  re- 
presentatives, without  opposition. 

January,  1828. — On  the  8th  inst., 
a  convention  assembled  at  Richmond, 
friendly  to  the  re-election  of  John  Q. 
Adams,  as  president  of  the  United 
States.  About  200  members  answer- 
ed to  their  names.  Judge  Francis  T. 
Brooke,  president  of  the  court  of  ap- 
peals, was  appointed  president,  and 
John  H.  Pleasants,  editor  of  the  Whig, 
appointed  secretary.  An  electoral 
ticket  was  agreed  upon,  and  a  com- 
mittee was  appointed  to  prepare  an 
address  for  the  people. 

On  the  14th  inst.  the  "  Virginia  le- 
gislative convention"  re-assembled — 
14  members  of  the  senate,  157  mem- 
bers of  the  house  of  delegates,  and 
22  special  deputies  were  present — 
Mr.  Banks  in  the  chair,  and  Mr. 
Ritchie,  secretary — from  96  counties, 
out  of  the  105  of  the  state,  and  4 
boroughs.  It  was  unanimously  re- 


ed to  him,  it  was  resolved  that  •  he 
should  be  supported  as  vice-president. 
On  the  15th  inst.  an  electoral  ticket 
was  reported  and  agreed  to. 

February.— On  the  8th  of  this 
month  governor  Giles  made  a  com- 
munication to  the  house  of  delegates, 
which  was  referred  to  a  select  com- 
mittee, and  from  which  the  following 
extract  is  made. 

Executive  department,  Feb.  8, 1828. 

SIR — In  compliance  with  the  reso- 
lutions of  the  legislatures  of  South 
Carolina  and  Georgia,  I  now  do  my- 
self the  honour  of  laying  before  the 
general  assembly,  the  proceedings  of 
each  of  the  legislatures  of  those 
states,  upon  the  subject  of  the  tariff, 
internal  improvements,  and  the  Ame- 
rican colonization  society. 

Whilst  I  sincerely  lament  the  un- 
wise, unjust,  and  ill-fated  measures, 
which  have  given  rise  to  these  pro- 
ceedings, I  fully  concur  in  the  princi- 
ples and  doctrines  therein  asserted, 
and  demonstrated  ;  as  well  as  in  their 


solved  to  support  Andrew  Jackson,  of    anticipation  of  the  fatal  consequences 
Tennessee,  for  president ;  and  162    to  the  union  of  these  states,  in  the 
VOL.  TTT.  17* 


130J 


ANNUAL  REGISTER— 1827-8-1). 


event  of  a  perseverance  in  the  depre- 
cated measures  on  the  part  of  the 
general  government.  Believing  that 
a  laudable  spirit  of  inquiry  is  just 
awakened  by  the  pressure  of  intolera- 
ble burthens,  especially  upon  the 
great  staple  productions  of  agricul- 
ture, aad  above  all  upon  the  produc- 
tion of  wheat ;  and  that  the  time  is 
now  arrived,  when  every  American 
citizen  ought  to  be  informed  of  the 
true  character  and  destructive  ope- 
rations of  those  unauthorized  mea- 
sures, as  well  as  in  regard  to  their 
unjust  and  oppressive  sectional  bear- 
ings, as  in  regard  to  their  destructive 
influence  upon  the  great  principle  of 
American  liberty,  secured  to  the  Ame- 
rican people  in  written  constitutions  ; 
I  take  pleasure  in  submitting  those 
vitally  interesting  subjects  to  the  gen- 
eral assembly,  and  I  most  respectful- 
ly ask  for  their  most  profound  consi- 
deration. 

March. — The  Legislature  of  Vir- 
ginia adjourned  on  the  8th  instant, 
after  a  session  of  precisely  three  ca- 
lendar months,  and  passing  more  than 
150  acts,  chiefly  of  a  local  or  personal 
description.  No  decision  was  had 
upon  any  leading  question  arising  out 
of  Governor  Giles's  message,  or  the 
resolutions  of  the  legislatures  of  other 
states,  which  accompanied  it.  It  is 
stated  that  the  expenses  of  the  legis- 
lature of  Virginia,  for  the  session, 
amounted  to  about  110,000  dollars,  or 
more  than  a  fifth  part  of  the  whole 
revenue  of  the  state. 

MANUFACTURES. — The  legislature 
at  its  last  session,  incorporated  five 
companies  for  manufacturing  purpoe- 
es.with  an  aggregate  capital  of  645,000 
dollars.  Four  out  of  the  five  companies 
were  for  the  manufacture  of  cotton. 

December. — INTERNAL  IMPROVE- 
MENTS.— BREAKING  GROUND. — On 
the  21st  ult.  the  president  of  the  Rap- 
pahanock  canal  company  commenced 
the  work  by  breaking  ground  for  the 
canal.  The  event  was  celebrated  by 
the  citizens  of  Fredericksburg  and 
vicinity,  with  much  patriotic  spirit, 
and  a  great  display  of  masonic  and 
other  ceremonies. 


The  disbursements  by  the  board  ot 
public  works  of  the  state  of  Virginia, 
from  the  income  received  between  the 
30th  Nov.  1827,  and  1st  Dec.  1828, 
for  the  purpose  of  internal  improve- 
ment, have  been  on  the  following  ac- 
counts : 

Last  instalment  to  the  Roanoke  Nav- 
igation Company,  3,200  00 

1st  and  part  of  3d  do.  to  Shepcrdstown 
and  Suiithfield  Turnpike  Company,  $8,127  50 

•2d  and  part  of  3d  do.  to  Staunton  and 
James  River  Turnpike  Company,  8,750  50 

Last  do.  to  Ashby's  Gap  Turnpike 
Company,  7,000  00 

2d  and  part  of  3d  do  to  Falls  Bridge 
Turnpike  Company,  3,500  00 

Last  do.  of  loan  to  Dismal  Swamp 
Canal  Company,  7,500  00 

Advance  to  principal  engineer  for  ex- 
penses of  surveys,  2,950  68 

One  year's  salary  to  the  collector  of 
the  board,  300  00 

Do.  to  principal  Engineer,  3,500  00 

Do.  to  the  second  Auditor,  500  00 

Do.  to  the  second  Auditor's  clerk,  219  08 

Printing  12th  annual  report  of  the 
Board,  &c.  311  62 

Compensation  and  mileage  of  the  di- 
rectors of  the  board  at  the  12th  an- 
nual meeting,  1,291  90 

Door  keeper  $48.  postages  $17.53,  65  53 

Interest  on  certificates  of  James  River 
Loans,  71,673  50 


f 118,889  81 

UNIVERSITY  OF   VIRGINIA. — The 

report  of  the  condition  of  this  insti- 
tution, which  has  attached  to  it  the 
name  of  ex-president  Madison,  gives 
a  favourable  account  of  the  condition 
and  prospects  of  the  University.  The 
number  of  students  at  present  attach- 
ed to  it,  is  one  hundred  and  thirty-one. 

The  literary  fund  of  Virginia,  ac- 
tually available,  amounts  to  $1,200, 
856 ;  the  fund  for  internal  improve- 
ment, to  $1,604,400  of  productive 
stock,  and  $465,126  of  unproductive 
stock.  The  James  river  company 
has  expended  $1,260,000 ;  has  a  re- 
venue of  $29,673  ;  and  pays  $71,673 
interest — the  difference  between  the 
revenue  and  interest  being  charged  on 
the  fund  for  internal  improvement. 

GOVERNOR. — William  B.  Giles  was 
re-elected  governor  of  Virginia,  with- 
out any  regular  opposition  ;  though 
about  70  votes  were  given  for  other 
persons.  This  is  the  last  year  that 
he  can  constitutionally  serve  in  that 
officp. 


VIRGINIA. 


[131 


PROBUCE. — The  following,  says 
the  Richmond  Whig,  is  the  amount 
of  produce,  brought  down  the  James 
river  canal,  to  Richmond,  during  the 
year  ending  Dec.  31, 1828. 

22,803  hhds.  tobacco;  592  do. 
stems ;  li  1,389  bushels  wheat ;  87,635 
bbls.  flour;  19,824  bushels  corn; 
595,327  do.  coal;  263  if  tons  bar 
iron ;  937  tons  pig  iron ;  952^  squares 
slate;  373,100  staves ;  75,800  hoop 
poles  ;  419,400  feet  plank ;  1,491,800 
Ibs.  miscellaneous  articles ;  96|  hhds. 
whiskey;  152  empty  boats,  small 
class;  39  do.  large;  13 J  tons  hay; 
2^  hhds.  rum.  Amount  of  tolls  re- 
ceived $48,430.51. 

January,    1829. COLONIZATION 

SOCIETY. — At  a  late  annual  meet- 
ing of  the  Richmond  and  Manches- 
ter Colonization  Society,  held  in 
the  Capitol  at  Richmond,  Chief  Jus- 
tice Marshall  presiding,  after  receiv- 
ing the  report  of  the  Managers,  and 
transacting  the  annual  business,  it 
was  resolved  to  form  a  State  Socie- 
ty. Accordingly,  a  constitution  was 
adopted,  and  officers  were  appointed, 
embracing  many  of  the  most  distin- 
guished names  in  the  state. 
John  Marshall,  President. 
James  Madison,  James  Monroe, 
James  Pleasants,  John  Tyler,  Wm. 
H  Fitzburgh,  John  F.  May,  General 
Briscoe  G.  Baldwin,  Philip  Dod- 
dridge,  Hugh  Nelson,  General  Wm. 
H.  Broadnax,  William  Maxwell,  and 
Dr.  Thomas  Massie,  Vice  Presi- 
dents. 

SENATOR. — Littleton  W.  Tazewell 
was  re-elected  (almost  unanimously) 
to  be  a  senator  of  the  United  States 
from  the  state  of  Virginia,  for  six 
years  from  the  third  day  of  March 
next. 

February  28th. — TARIFF,  &c. — 
The  following  resolutions,  with  a 
long  preamble,  passed  the  legislature 
of  the  state  of  Virginia,  on  this  sub- 
ject. The  yeas  and  nays  were  the 
votes  thereon,  in  the  house  of  dele- 
gates. 

1.  Resolved,  as  the  opinion  of  this 
committee,  That  the  constitution  of 
the  United  States  being  a  federative 


compact  between  sovereign  states,  in 
construing  which,  no  common  arbi- 
ter is  known,  each  state  has  the  right 
to  construe  the  compact  for  itself. — 
Yeas  134,  nays  68. 

2.  Resolved,  That,  in  giving  such 
construction,  in  the  opinion  of  this 
committee,    each    state    should   be 
guided,  as  Virginia  has  ever  been,  by 
a  sense  of  forbearance  and  respect  for 
the  opinion  of  the  other  states,  and 
by  community  of  attachment  to  the 
union,  so  far  as  the  same  may  be  con- 
sistent with  self-preservation,  and  a 
determined  purpose  to  preserve  the 
purity  of  our  republican  institutions. 
Yeas  166,  nays  36. 

3.  Resolved,  That  this  general  as- 
sembly of  Virginia,  actuated  by  the 
desire  of  guarding  the  constitution 
from  all  violation,  anxious  to  preserve 
and  perpetuate  the  union,  and  to  exe- 
cute with  fidelity  the  trust  reposed  in 
it  by  the  people,  as  one  of  the  high 
contracting  parties,  feels  itself  bound 
to  declare,  and  it  hereby  most  solemn- 
ly declares  its  deliberate  conviction, 
that  the  acts  of  congress,  usually  de- 
nominated   the   tariff  laws,   passed 
avowedly  for  the  protection  of  domes- 
tic manufactures,  are  not  authorized 
by  the  plain  construction,  true  intent, 
and  meaning  of  the  Constitution.— 
Yeas  126,  nays  75. 

4.  Resolved,  also,  That  the  said 
acts  are  partial  in  their  operation, 
impolitic,  and  oppressive  to  a  large 
portion  of  the  people  of  the  union, 
and  ought  to  be  repealed. — Yeas  138, 
nays  62. 

These  resolutions  were  presented 
to  Congress,  and  entered  on  the  se- 
nate journal  March  3,  1829. 

The  legislature  for  the  last  three 
years,  has  annually  passed  similar 
resolutions,  about  state  rights,  the 
tariff,  &c.  The  votes  on  these  reso- 
lutions, stood  as  follows : 

Ayes.       Noes.       Majorities. 

1826  138     23      115 

1827  132     49       83 
1829     126     75       51 

May. — The  following  gentlemen 
have  been  re-elected  members  of 
congress  from  this  state. 

Messrs.  Alexander,  Allen, 


132] 


ANNUAL  REGISTER— 1827-8-9. 


Armstrong,  P.  P.  Barbour,  J.  S.  Bar- 
hour,  Claibome,  Davenport,  Maxwell, 
Mercer,  McCoy,  Newton,  Rives, 
Roane,  Smyth,  Stevenson,  Taliafer- 
ro,  Trezvant,  and  Messrs.  Richard 
Coke,  jun.  in  the  place  of  B.  Bassett, 
Robert  B.  Craig,  in  the  place  of  T. 
Floyd,  Philip  Doddridge,  in  the  place 
of  Isaac  Leffler,  and  J.  T.  Bouldm,  in 
the  place  of  J.  Randolph.  Messrs. 
Floyd  and  Randolph  were  not  candi- 
dates. 

There  were  only  four  changes  in 
the  delegation,  and  two  of  them  vol- 
untary. 

July. — TOBACCO. — Amount  of  to- 
bacco inspected  at  the  principal  in- 
spections in  Virginia,  from  1st  Octo- 
ber, 1828,  to  30th  June,  1829,  and  the 
quantity  on  hand  on  the  30th  June. 


A                    J 

Passed. 

Refused. 

On  hand. 

Richmond, 

5,948 

3,668 

14,279 

Manchester, 

634 

300 

640 

Petersburg, 

1,788 

2,172 

1,299 

l.yncbhiinr, 

8,340 

1,415 

2,550 

.Farmville, 

2,051 

1,104 

18,751 

8,659 

18,668 

30th  June,  1828,  21,119 

13,020 

22,244 

Deficit,          2,368          4,361  3,576 

VIRGINIA  GOLD. — This  article  it 
appears  increases  daily.  Valuable 
discoveries  of  this  metal  are  not  con- 
fined to  one  neighbourhood ;  Spottsyl- 
vania,  Orange,  Stafford,  and  Louisa, 
are  all  said  to  have  yielded  it;  the 
most  considerable  amount  as  yet  ob- 
tained, has  been  from  the  first  named 
county.  A  company  of  about  a  dozen 
in  that  county,  make  it  their  regular 
pursuit  to  search  for  it,  and  their  pro- 
fits average  about  five  dollars  a  day 
for  each  hand  employed ;  the  present 
process  is  most  simple.  They  shovel 
up  the  earth  into  vessels,  pour  water 
on  it,  and  stir  the  whole  until  the 
earthy  particles  are  in  a  state  of  solu- 
tion, when  it  is  drawn  off,  and  the 
sediments  searched  fdr  the  precious 
metal,  which  is  found  in  all  sizes, 
from  that  of  the  head  of  a  pin  to  a 
walnut. 

August. — MANUFACTURE  OF  SALT. 
A  statement,  published  in  the  Wes- 
tern Register,  compiled  from  the 
quarterly  returns  of  the  inspector, 


shows  the  quantity  of  salt  manufactur- 
ed in  Kenhawa  county,  Virginia,  from 
the  salt  springs,  to  have  been  some- 
thing more  than  two  millions  of 
bushels. 

December,  1827. — CONVENTION. — 
A  bill  to  call  a  convention  to  revise 
the  constitution,  has  passed  the  house 
of  delegates,  114  to  89.  On  the  31st 
inst.  the  bill  passed  the  senate,  by  the 
following  vote : 

Ayes. — Messrs.  Patterson,  Wal- 
ton, Wethered,  Wyatt,  Turley,  Dade, 
Osborn,  Smith,  Fry,  Thorn,  Morgan, 
Sharpe,  Martin,  and  Saunders. — 14. 

Noes. — Messrs.  Holt,  (speaker,) 
Taylor,  Dromgoole,  Clopton,  Mason, 
Chapman,  Bernard,  Cabell,  Carter, 
and  Jones. — 10. 

This  bill  simply  submits  the  propo- 
sition of  convention,  or  no  conven- 
tion, to  the  freeholders  of  the  state. 
This  question  is  to  be  settled  by  their 
suffrages,  in  May  and  June  ne'xt. 

June,  1828.— The  vote  in  the 
state,  on  the  question  of  calling  a 
convention,  was  as  follows : 

For  it.  Against  it. 

20,825  16,595 

16,595 


4,230  majority ._ 

The  county  of  Harrison  is  not  in- 
cluded in  this  return.  The  vote  of 
Harrison  was  1050  for,  and  50  against 
a  convention.  The  majority  through- 
out the  state,  5,230. 

February  Uth,  1829.— The  sub- 
ject of  a  Convention  was  at  length, 
finally  disposed  of.  The  House  of 
Delegates,  by  a  vote  of  114  to 
23,  accepted  the  bill  sent  them 
by  the  Senate,  organizing  the  Con- 
vention upon  the  present  arrange- 
ment of  the  senatorial  districts,  un- 
der the  census  of  1810.  The  bill,  as 
it  passed  both  houses,  also  extended 
the  limit  of  selection  for  members,  to 
the  whole  state,  fixed  upon  the  courts 
in  May,  as  the  time  of  election,  and 
upon  the  first  Monday  in  October, 
1829,  as  the  time  of  the  meeting  of 
the  Convention. 

TREASURY. — The  balance  in  the 


NORTH  CAROLINA. 


treasiuy  on  the  27th  day  of  Novem- 
ber, 1828,  was  $324,688.17.  On  the 
corresponding  day  of  the  year  1829, 
the  balance  was  $359,552.91,  after 
defraying  the  extraordinary  expenses 
of  calling  a  convention,  up  to  that 
time. 

PENITENTIARY. — On  the  30th  day 
pf  September,  1827,  there  were  135 
white  males,  and  2  white  females  in 
this  institution.  On  the  30th  of  Sep- 
tember, 1829,  the  number  of  white 
convicts  was  128,  of  which  number 
there  was  only  one  female  ;  and  the 
decrease  of  white  convicts  has  been 
nine  in  the  last  two  years.  The  go- 
vernor, in  his  message  to  the  legisla- 
ture, in  1829,  uses  the  following  lan- 
guage, in  reference  to  the  peniten- 
tiary : 


"  It  is  also  a  subject  of  consolation 
to  observe,  that  there  have  been  fewer 
convicts  returned  to  the  penitentiary 
for  second  offences,  within  the  last 
six  years,  than  there  were  for  the  six 
years  preceding  that  time  ;  there  hav- 
ing been  an  average  of  only  two  con- 
victs returned  for  second  offences  for 
six  years,  from  1824  to  1829,  inclu- 
sive :  whereas,  for  the  six  preceding 
years,  from  1818  to  1823,  inclusive, 
there  was  an  average  of  5,  2, 3  ;  and 
since  the  introduction  of  the  re- 
gulation for  solitary  confinement  for 
three  months  immediately  preceding 
a  discharge,  not  a  single  convict,  who 
has  undergone  such  confinement,  has 
been  returned  to  the  penitentiary  for 
a  second  offence." 


NORTH  CAROLINA. 


December,  1827. — Governor  Bur- 
ton not  being  re-eligible  to  the  office 
which  he  had  filled,  James  Iredcll,  Esq. 
was  elected  governor  in  his  room  on 
the  3d  ballot.  Mr.  Iredell  received 
104,  and  Mr.  Spraight,  his  opponent, 
80  votes. 

On  Thursday  the  6th  inst.  Thomas 
Settle,  Esq.  of  Rockingham,  was 
unanimously  chosen  speaker  of  the 
house  of  commons,  in  the  place  of 
General  Iredell,  elected  governor. 

On  the  10th  inst.  John  Scott,  Esq. 
of  Hillsborough,  was  elected  solicitor 
general. 

The  committee  appointed  to  in- 
vestigate the  accounts  of  the  treasu- 
ry department,  made  a  report  on 
the  llth  inst.,  from  which  it  ap- 
peared that  there  was  a  deficit  of 
$68,631  80. 

SWAMP  LANDS. — A  survey  of  what 
are  called  the  "  swamp  lands"  of  the 
state  was  made,  under  direction  of  the 
board  of  internal  improvements,  and 
it  was  discoveredthat  the  state  owned 
1,500,000  acres  of  such  land,  and  that 
a  million  more  belonged  to  individuals, 
all  reclaimable,  at  a  comparatively 
trifling  cost,  and  capable  of  producing 


large  crops  of  cotton,  tobacco,  rice,  or 
corn,  &c.  and  thought  able  of  sus- 
taining a  population  of  100,000  souls. 
These  swamps  have  a  clay  bottom, 
over  which  lies  a  vegetable  compost 
from  8  to  24  inches  in  thickness,  and 
the  parts  of  the  same  swamps  that 
have  been  drained  are  exceedingly 
fertile.  It  is  said,  that  they  are  spe- 
cially fitted  for  the  cultivation  of 
hemp. 

TARIFF — The  legislature,  at  its  ses- 
sion in  1827-8,  referred  this  subject 
to  a  joint  committee,  who  reported 
resolutions,  and  directing  the  trans- 
mission of  the  resolutions,  with  an 
argumentative  report  against  the  po- 
licy and  constitutionality  of  the  law, 
to  the  senators  and  representatives 
of  the  state,  to  be  laid  before  con- 
gress. 

At  the  "next  session,  the  governor 
recommended  a  mild  remonstrance 
against  the  tariff  policy,  but  distinct- 
ly disapproved  of  any  violent  pro- 
ceedings. 

1828. — LITERARY  FUND. — An  act 
passed  the  legislature  for  the  es- 
tablishment of  common  schools ;  but 
the  act  has  not  yet  been  carried  into 


134] 


ANNUAL  REGISTER— 1827-&-9. 


effect.  The  literary  fund,  which 
arises  from  bank  dividends,  &c., 
amounts  to  above  $70,000. 

BANKS. — There  are  three  banks  in 
the  state,  viz :  the  state  bank  of 
North  Carolina,  consisting  of  a  prin- 
cipal bank  and  six  branches;  the  bank 
of  Newbern,  and  the  bank  of  Cape 
Fear.  The  capital  of  the  state  bank 
is  $1,600,000,  and  the  capitals  of  the 
other  two  banks  are  $800,000  each. 

TREASURY. — Receipts  and  expen- 
ditures from  the  18th  of  December, 
1827,  to  the  1st  of  November,  1828. 

RECEIPTS. 

Cash  handed  over  by  the  commit- 
tee of  finance,  $85,531  05 
Arrears  of  taxes,  2,053  83 
Additional  returns  of  taxes,  396  44 
From  the  late  public  treasurer,  1,646  77 
Balances  due  for  sales  of  public  land,  1,989  38 
On  account  of  interest,  0,00038 
Amount  of  the  revenue  of  1827,  61,883  16 
Tax  on  banks  and  dividends,  20,726  00 
On  account  of  rent  of  public  land,  7  00 

Total  of  receipts,  $174,234  01 

Deduct  disbursements,  80,890  41} 

Balance  in  the  treasury  1st  No- 
vember, 1828,  $93,343  59$ 

EXPENDITURES. 

General  Assembly,  36,658  23 

Executive  department,  1,561  98 

Department  of  state,  958  00 

Treasury  department,  1,375  87J 

Comptroller's  department,  942  06 

Executive  council,  128  00 

Adjutant  general's  office,  219  84 

Public  printers,  900  00 

Judiciary,  20,799  47 

Arsenal,  2,200  00 

Sheriffs  for  settling  taxes,  8G6  90 

Congressional  election  of  1827,  19  32 

Repairs  of  state  house,  86  40 

Governor's  house,  676  00 

Public  library,  53  00 

Buncombe  turnpike  company,  1,250  00 

State  bank  of  North  Carolina,  3,356  24 

Pensioners,  977  00 

Miss  Udney  M.  Blakely,  600  00 
Surveying  and  selling  Cherokee 

lands,  3,057  00 

Expenses  for  surveying  land,  &c.  263  55.J 

Bogue  banks,  726  95$ 
Roanoke  navigation  company,  last 

instalment,  1,000  00 
Romulus  M.  Saunders,  commissioner,  250  00 

Contingencies,  1,963  68 

Total  of  expenditures,  $80,890  41$ 

Taxes  received  for  the  year  1827, 
showing  the  particular  items  taxed, 
and  the  amount  on  each. 

Land  tax,  $24,867  49 

Tovrn  property  tax.  1,402  86 

Poll  tax,  26,932  21 

Siud  horse  tax.  1,484  82 

Gate  tax,  202  40 

Store  tax.  6.271  68 


Tavern  tax,  2,827  52 

Pedler  tax,  935  30 

Artificial  curiosity  tax,  507  60 

Billiard  table  tax,  239  70 

Fines,  470,00 

1,20000 

Total,  $67,341  58 

STATE  FUNDS. — In  addition  to  the 
above  receipts  and  expenditures,  there 
was  received,  during  the  same  period 
and  disbursements  made  according  to 
law,  of  the 

Internal  improvement  fund,  $71,912  19 

Literary  fund,  77,560  00 

Agricultural  fdnd,  251  62 
The  whole  amount  of  funds  of  the 

state,  in  cash,  bank  stock,  and 

bonds,  is  1,047,485  33 

Deduct  state  debt,  325,32672 


Total  of  state  funds, 


$722,158  61 


In  January  a  bill  was  introduced 
into  the  legislature  to  authorize  a 
prosecution  of  the  banks  which  were 
in  great  disrepute,  but  it  was  rejected 
by  the  casting  vote  of  the  speaker. 
In  the  course  of  the  discussion,  the 
bill  underwent  various  modifications. 
When  it  passed  its  first  reading,  a 
prosecution  of  all  the  banks  was  con- 
templated ;  but  on  its  second  reading, 
the  bill  was  put  into  a  new  shape,  and 
proposed  to  prosecute  the  president 
and  directors  of  the  state  bank  only, 
and  was  thus  passed,  without  allow- 
ing time  to  have  the  bill  printed  ;  but 
the  next  day,  on  its  third  and  last 
reading,  the  bill  having  been  printed, 
a  further  discussion  took  place,  and  it 
was  rejected. 

LEGISLATURE. — The  legislature  ad- 
journed on  the  7th  January,  1828,  af- 
ter a  session  of  50  days. 

On  Thursday  preceding,  in  the 
house  of  commons,  Mr.  Stewart  pre- 
sented a  bill  to  alter  the  time  of  meet- 
ing of  the  general  assembly  to  the 
first  Monday  in  November,  which 
was  rejected  on  its  first  reading ;  and 
Mr.  Borden  presented  a  bill  to  reduce 
the  per  diem  allowance  of  members 
to  two  dollars,  which  met  with  the 
same  fate,  by  a  vote  of  94  to  7. 

The  bill  for  the  erection  of  an  arse- 
nal on  the  capitol  square,  in  Raleigh, 
passed  its  final  reading. 

On  Thursday,  in  the  senate,  the 


NORTH  CAROLINA. 


[135 


bill  for  the  erection  of  a  new  county 
in  the  west,  to  be  called  Macon,  was 
'indefinitely  postponed.  The  vote  was 
30  to  29. 

The  resolution  requiring  the  gover- 
nor to  make  known  to  the  secretary 
of  war  the  wish  of  the  legislature  that 
he  would  send  the  corps  of  United 
States  engineers  to  survey  the  route 
for  a  rail  road  from  Newbern,  through 
Raleigh,  to  the  western  part  of  the 
state,  was  taken  up,  and  rejected,  64 
to  45.  It  probably  would  have  passed 
but  for  an  amendment  proposed,  the  ob- 
ject of  which  was  to  deny  the  right  of 
the  general  government  to  carry  on  a 
system 'of  internal  improvements  in 
the  states. 

The  bill  to  provide  for  the  continu- 
ance of  the  act,  directing  a  geological 
survey  of  the  state,  was  also  passed. 

DESTRUCTIVE  FIRE. — A  fire  broke 
out  at  Wilmington,  on  the,  9th  inst., 
that  destroyed  about  50  houses,  inclu- 
ding thirty  stores,  valued,  with  the 
goods  in  them,  at  from  100,000  to 
130,000  dollars. 

November,  1828. — The  legislature 
of  this  state  commenced  its  annual 
session,  at  Raleigh,  on  the  17th  in- 
stant. In  the  senate,  Jesse  Speight 
was  elected  speaker,  and  James  W. 
Clark,  clerk.  In  the  house  of  com- 
mons, Thomas  Settle  was  elected 
speaker,  and  Pleasant  Henderson, 
clerk.  Governor  Iredell  transmitted 
his  message  to  the  two  houses  on  the 
18th.  It  embraces  a  view  of  the  af- 
fairs of  the  state,  and  takes  some  no- 
tice of  national  questions,  particularly 
the  tariff,  which  it  opposes  as  unjust 
and  unconstitutional. 

November  Uth,  1828.— MR.  MA- 
co». — This  venerable  senator,  after 
having  been  a  member  of  congress 
from  1791  without  intermission,  and 
for  the  period  of  37  years,  and  after 
having  acquired  the  title  of  "  father 
of  congress,"  being  its  oldest  mem- 
ber, resigned  his  seat  in  the  senate  on 
account  of  the  infirmities  of  age. 

Gov.  Iredell  was  elected  United 
States  senator  in  the  place  of  Mr.  Ma- 
con,  resigned. 

John  Owen,  Esq.  was  elected  gover- 


nor in  the  place  of  Mr.  Iredell.  The 
votes  were,  for  Mr.  Owen  98,  for  R. 
D.  Spraight  92,  and  2  scattering. 

THE  STATE  BANK. — At  an  annual 
meeting  of  the  stockholders,  held  at 
Raleigh  on  the  1st  of  December,  a 
committee  was  appointed  to  inquire 
into  the  state  of  the  bank,  &c.;  and  on 
the  3d,  the  committee  made  a  report, 
speaking  generally  well  of  the  man- 
agement of  the  bank,  but  recommend- 
ing a  winding  up  of  its  concerns. 

January,  1829. — The  legislature 
of  the  state  of  North  Carolina  adjourn- 
ed on  Saturday  the  10th  inst.,  after 
the  longest  session  ever  held. 

Cadwallader  Jones,  Marsden  Camp- 
bell, and  Andrew  Joyner,  were  elect- 
ed a  board  for  internal  improvements, 
during  the  present  year. 

The  bill  to  provide  for  the  gradu- 
al diminution  of  the  capital  stock 
of  the  banks  of  that  state,  by  the  pur- 
chase and  extinguishment  of  shares, 
and  the  bill  to  compel  the  banks  to 
redeem  their  notes  with  specie,  were 
indefinitely  postponed. 

INTERNAL  IMPROVEMENTS  — At  a 
late  meeting  of  the  board  of  internal 
improvement  of  this  state,  measures 
were  taken  for  recommencing  the 
works  below  Wilmington,  and  for  re- 
pairing the  embankments  and  jetties ; 
and  also  for  opening  the  river  to  Hay- 
wood.  Satisfactory  evidence  was 
procured,  as  directed  by  the  legisla- 
ture, of  the  sinking  of  certain  vessels 
during  the  revolutionary  war,  in  the 
ship-channel  below  Wilmington,  in 
order  to  prevent  the  enemy  from  de- 
stroying the  town,  which,  it  is  be- 
lieved, was  the  principal  cause  of  the 
present  obstructions  in  the  navigation 
of  the  river. 

August. — CONGRESSIONAL  ELEC- 
TIONS.— Jesse  Speight  was  chosen 
representative  to  congress  from  the 
district  lately  represented  by  Mr.  Bry- 
an (who  declined  a  re-election)  by  an 
overwhelming  majority;  and  Daniel 
L.  Barringer,  Edward  B.  Dudley, 
Thomas  H.  Hall,  Abraham  Rencher, 
Robert  Potter,  and  Wm.  B.  Shepard, 
were  also  elected. 

Willis  Alston,  Augrustin  H.  Shep- 


ANNUAL   REGISTER— 1827-8-9. 


herd,  Henry  W.  Conner,  and  Samuel 
P.  Carson,  were  re-elected  without 
opposition. 

Lewis  Williams  was  re-elected,  af- 
ter a  violent  struggle,  by  a  majority  of 
402  votes  over  Samuel  King. 

Edmund  Deberry  was  elected  a 
representative  to  congress,  from  the 
district  lately  represented  by  Mr.  Cul- 
peper,  by  a  majority  of  200  vetes  over 
John  A.  Cameron. 

GOLD. — Gold  has  been  discovered 
in  several  places  in  this  state.  It  was 
first  discovered  in  the  county  of  Ca- 
barrus,  and  subsequently  it  has  been 
found  in  the  counties  of  Rutherford, 
Burke,  Lincoln,  Mecklenburg,  Row- 
an, Anson,  Davidson,  Montgomery, 
Randolph,  Caswell,  Guilford,  Orange, 
and  Chatham.  The  following  is  a 
statement  of  the  amount  of  gold  found 


at  Disnokes  and  Austin's  mine,  n. 
Anson  county,  from  the  16th  to  the 
23d  of  August,  1828: 

One  piece  weighing  2,856  Awls. 

In  parcels,  1,444 

3,300  dwts. 

The  gold  is  not  found  in  veins,  as 
in  Mecklenburg  county,  but  is  scat- 
tered over  an  extensive  surface,  and 
is  found  in  pieces,  varying  in  size 
from  that  of  a  grain  to  that  of  the  piece 
above  mentioned. 

FAYETTEVILLE. — Exports  for  the 
year  ending  1st  June,  1829 — 


Bales  sf  cotton, 
Do.  now  in  store, 

Bushels  of  wheat, 
Barrels  of  flour, 
Casks  of  seed, 
Hhds.  of  tobacco, 


17,073 
2,260 


19,338 
52,022 
16,959 
2,496 
370 


SOUTH  CAROLINA. 


1827. LEGISLATIVE  PROCEED- 
INGS.— The  veteran  General  Sump- 
ter  being  largely  indebted  to  the 
bank  of  the  state,  application  was 
made  to  the  legislature,  at  this  ses- 
sion, by  his  friends,  for  some  re- 
lief. The  joint  committee  of  the 
two  houses,  to  which  the  application 
was  referred,  recommended  that  the 
state  should  assume  the  debt,  and 
take  his  whole  property  at  a  valuation 
to  be  made  by  commissioners  ;  but  it 
was  ultimately  determined  that  the  di- 
rectors should  be  instructed  to  indulge 
general  Sumpter  until  his  death,  not 
requiring  him  to  pay  interest,  but 
retaining  all  the  securities  as  they 
are. 

December^ — The  legislature,  at  its 
session  in  this  month,  appointed  a 
committee,  "  to  whom  were  referred 
certain  resolutions,  directing  an  in- 
quiry into  the  nature  and  origin  of 
the  federal  government,  and  whether 
certain  measures  of  congress  were  or 
were  not,  a  violation  of  the  letter  and 
spirit  of  the  federal  compact."  The 
committee,  in  their  report,  go  into  an 
examination  of  the  manner  in  which 
the  federal  government  was  establish- 
ed ;  examine  the  question  as  to  its 
from  the  people,  directly, 


or  from  the  states,  as  sovereignties ; 
allude  to  the  construction  put  upon 
the  constitution  by  the  supreme  court 
of  the  United  States ;  go  into  an  in- 
quiry whether  congress  can  so  legis- 
late as  to  protect  the  local  interests  of 
particular  states  at  the  expense  of 
other  portions  of  the  United  States  ; 
and,  whether  domestic  manufactures 
be  a  local  or  general  jnterest ;  whe- 
ther, under  the  power  "  to  promote 
the  general  welfare,"  Congress  can 
expend  money  on  internal  improve- 
ments, or  for  any  purposes  not  con- 
nected with  the  enumerated  objects  in 
the  constitution ;  and  whether  con- 
gress can  extend  its  legislation  to  the 
means  of  meliorating  the  condition 
of  the  free  colored,  or  slave  popula- 
tion of  the  United  States.  The  com- 
mittee concluded  by  proposing  the 
following  resolutions,  which,  after 
some  debate,  were  adopted  by  the 
senate  on  the  12th,  and  by  the  house 
of  representatives  on  the  19th  of  De- 
cember, 1827 : 

1.  Resolved,  That  the  constitution 
of  the  United  States  is  a  compact  be- 
tween the  people  of  the  different 
states,  with  each  other,  as  separate, 
independent  sovereignties,  and  that  for 
any  violation  of  the  letter,  or  spirit  of 


SOUTH    CAROLINA. 


[137 


;  hat  compact  by  the  congress  of  the  the  tariff,  which  was  partially  indi- 
United  States,  it  is  not  only  the  right  cated  by  the  passage  of  these  resolu- 
,  of  the  people,  but  of  the  legislatures  tions,  was  afterwards  augmented  by 
who  repsesent  them,  to  every  extent  the  obnoxious  measure's  passing  into 
not  limited,  to  remonstrate  against  a  law. 

violations  of  the  fundamental  com-         Meetings  of  the  citizens  were  held 
pact.  in  different  places,  and  resolutions 

2.  Resolved,  That  the  acts  of  con-     adopted,  expressing  a  strong  and  vio- 
gress,  known  by   the   name   of  the    lent  disapprobation  of  the  tariff  sys- 
tariff  laws,  the  object  of  which,  is  not    tern.     The  following  legislative  pro- 
the  raising  of  revenue,  or  the  regula-     test,  received  the  sanction  of  the  le- 
tion  of  foreign  commerce,  but  the  pro-     gislature  the  next  session,  December 
motion  of  domestic  manufactures,  are     19th,  1828 : 

violations  of  the  constitution,  in  its 
spirit,  and  ought  to  be  repealed. 

3.  Resolved,  That  congress  has  no 
power  to  construct  roads  and  canals 
in  the  states,  for  the  purposes  of  in- 
ternal improvements,  with  or  without 
the  assent  of  the   states   in  whose 
limits   those   internal   improvements 
are  made ;  the  authority  of  congress 
extending  no  further  than  to  pass  the 
*'  necessary  and  proper  laws"  to  car- 
ry into  execution   their  enumerated 
powers. 

4.  Resolved,  That  the   American 
colonization  society  is  not  an  object 
of  national  interest,  and  that  congress 
has  no  power  in  any  way,  to  patronize, 
or  direct  appropriations  for  the  bene- 
fit of  this,  or  any  other  society. 

5.  Resolved,  That  our  senators  in 
congress  be  instructed,  and  our  repre- 
sentatives be  requested,  to  continue 
to  oppose  every  increase  of  the  tariff, 
with  a  view  to  protect  domestic  manu- 
factures; and  all    appropriations    to 
the    purposes   of   internal   improve- 
ments of  the  United  States,  and  all 
appropriations  in  favour  of  the  colo- 
nization society,  or  the  patronage  of 
the  same,  either  directly  or  indirect- 
ly, by  the  general  government. 

6.  Resolved,  That  the  governor  be 
requested  to  transmit  copies  of  this 
preamble  and  resolutions  to  the  gover- 
nors of  the  several  states,  with  a  re- 
quest that  the  same  be  laid  before  the 
legislatures  of  their  respective  states ; 
and  also,  to  our  senators  and  repre- 
sentatives in  congress,  to  be  by  them 
laid  before  congress,  for  considera- 
tion. 


Protest  of  the  legislature  of  South  Carolina, 
against  the  system  of  protecting  duties. — The 
senate  and  house  of  representatives  of  South 
Carolina,  now  met  and  sitting  in  general  assem 
bly,  through  the  honourable  William  Smith,  and 
the  honourable  Robert  Y.  Hayne,  their  represen- 
tatives in  the  senate  of  the  United  States,  do,  iu 
the  name  and  on  behalf  of  the  good  people  of  the 
said  commonwealth,  solemnly  protest  against 
the  system  of  protecting  duties,  lately  adopted 
by  the  federal  government,  for  the  following 
reasons : 

1.  Uecause  the  good  people  of  this  common- 
wealth believe  that  the  powers  of  congress  were 
delegated  to  it  in  trust,  for  the  accomplishment, 
of  certain  specified  objects  which  limit  and  con- 
trol them,  and  that  every  exercise  of  them  for 
any  other  purposes,  is  a  violation  of  the  consti- 
tution, as  unwarrantable  as  the  undisguised  as- 
sumption of  substantial  independent  powers,  not 
granted  or  expressly  withheld. 

2.  Because  the  power  to  lay  duties  on  Im- 
ports is,  a?id  in  its  very  nature  can  be,  only  a 
means  of  effecting  the  objects  specified  by  the 
constitution ;    since   no   free  government,   and 
least  of  all,  a  government  of  enumerated  pow- 
ers, can  of  right  impose  any  tax  (any  more  thau 
a  penalty)  which  is  not  at  once  justified  by  pub- 
lic necessity,  and  clearly  within  the  scope  and 
purview  of  the  social  compact,  and   since  the 
confining  appropriations  of  the  public  money,  to 
such  tegitimate  and  constitutional  objects,  is  as 
essential  to  the  liberties  of  the  people,  as  their 
unquestionable  privilege  to  be  taxed  only  by 
their  own  consent. 

3.  Because  they  believe  that  the  tariff  law 
passed  by  congress  at  its  last  session,  and   all 
other  acts,  of  which  the  principal  object  is  the 
protection  of  manufactures,  or  any  other  brancli 
of  domestic  industry — if  they  be  considered  as 
the  exercises  of  a  supposed  power  in  congress  to 
tax  the  people  at  its  own  good  will  and  plea- 
sure, and  to  apply  the  money  raised,  to  objects 
not  specified  in  the  constitution,  is  a  violation 
of  these  fundamental  principles,  a  breaah  of  a 
well  defined  trust,  and  a  perversion  of  the  high 
powers  vested  in  the  federal  government  for 
federal  purposes  only. 

4.  Because  such  acts,  considered  in  the  light 
of  a  regulation  of  commerce,  are  equally  liable 
to  objection— since,  although  the  power  to  regu- 
late commerce  may,  like  other  powers,  be  ex- 
ercised so  as  to  protect  domestic  manufacture:), 


yet  it  is  clearly  distinguished  from  a  power  to 
do  so  eo  nomine,  both  in  the  nature  of  the  thing 
and  in  the  common  acceptation  of  the  terms: 
and  because  the  confounding  of  them  would 

rm  •  />     lead  to  the  most  extravagant  results,  since  the 

1  he  excitement  on   the  Subject  ot     encouragement  of  domestic  industry  implies  an 
.  in,  18* 


138J 


ANNUAL  REGISTER— 1887-8-0. 


absolute  control  over  all  the  interests,  resour- 
ces and  pursuits  of  a  people,  and  is  inconsistent 
with  the  idea  of  any  other  than  a  simple  con- 
solidated government. 

5.  Because  from  the  cotemporaneous  exposi- 
tion of  the  constitution,  in  the  numbers  of  the 
Federalist,  (which  is  cited  only  because  the  su- 
preme court  has  recognised  its  authority,)  it  is 
clear  that  the  power  to  regulate  commerce,  was 
considered  by  the  convention,  as  only  inciden- 
tally connected  with  the  encouragement  of  ag- 
riculture and  manufactures:  and  because  the 
power  of  laying  imposts,  and  duties  on  imports, 
was  not  understood  to  justify,  in  any  case,  a 
prohibition  of  foreign  commodities,  except  as  a 
means  of  extending  commerce  by  coercing  for- 
eign nations  to  a  fair  reciprocity  in  their  inter- 
course with  us,  or  for  some  other  bona  fide 
commercial  purpose. 

6.  Because  that  whilst  the  power  to  protect 
manufactures  is  no  where  expressly  granted  to 
congress,  or  can  be  considered  as  necessary  and 
proper  to  carry  into  effect  any  specified  power, 
it  seems  to  be  expressly  reserved  to  the  stutes,  by 
the  tenth  section  of  the  first  article  of  the  con- 
stitution. 

7.  Because  even  admitting  congress  to  have 
a  constitutional  right  to  protect  manufactures 
by  the  imposition  of  the  duties,  or  by  the  regula- 
tions of  commercej  designed  principally  for  that 
purpose,  yet  a  tariff  of  which  the  operation  is 
grossly  unequal  and  oppressive,  is  such  an  abuse 
of  power,  as  is  incompatible  with  the  principles 
of  a  free  government,  and  the  great  ends  of  civil 
society,  justice,  and  equality  of  rights  and  pro- 
tection. 

8.  Finally,  because  South  Carolina  from  her 
climate,  situation,  and  peculiar  institutions,  is, 
and  must  ever  continue  to  be,  wholly  depend- 
ant upon  agriculture  and  commerce,  not  only 
for  her  prosperity,  but  for  her  very  existence  as 
a  state — because  the  abundant  and  valuable  pro- 
ducts of  her  soil ;  the  blessings  by  which  Divine 
Providence  seems  to  have  designed  to  compen- 
snte  for  the  great  disadvantage  under  which  she 
suffers  in  other  respects,  are  among  the  very  few 
which  can  be  cultivated  with  any  profit  by  slave 
labour ;  and  if  by  the  loss  of  her  foreign  com- 
merce, these  products  should  be  confined  to  an 
inadequate  market,  the  fate  of  this  fertile  state 
would  be  poverty  and  utter  desolation.    Her  ci- 
tizens in  despair,  would  emigrate  to  more  fortu- 
nate regions,  and  the  whole  frame  and  constitu- 
tion of  her  civil  polity  be  impaired  and  derang- 
ed, if  not  dissolved  entirely. 

Deeply  impressed  with  these  considerations, 
the  representatives  of  the  good  people  of  this 
commonwealth,  anxiously  desiring  to  live  in 
peace  with  their  fellow  citizens,  and  do  all  that  in 
them  lies,  to  preserve  and  perpetuate  the  union 
of  the  states,  and  the  liberties  of  which  it  is  the 
surest  pledge — but  feeling  it  to  be  their  bounden 
duty  to  expose  and  to  resist  all  encroachments 
upon  the  true  spirit  of  the  constitution,  lest  an 
apparent  acquiescence  in  the  system  of  protect- 
ing duties  should  be  drawn  into  precedent,  do, 
in  the  name  of  the  commonwealth  of  South 
Carolina,  claim  to  enter  upon  the  journals  of  the 
senate,  their  protests  against  it  as  unconstitution- 
al, oppressive,  and  unjust. 

This  protest  was  entered  on  the  senate  jour- 
nal, February  10th,  1829. 

December. — The  honourable  Ste- 
phen D.  Miller,  was  on  the  llth  of 
this  month,  elected  governor  and 


commander  in  chief  of  the  state  ;  antx 
Thomas  Williams,  jun.  Esq.  was 
elected  lieutenant  governor. 

Robert  Y.  Hayne  was  re-elected 
without  opposition,  a  senator  of  the 
United  States,  from  the  state  of 
South  Carolina,  for  six  years  from 
the  4th  day  of  March  next. 

LEGISLATURE. — The  Legislature 
of  the  state  of  South  Carolina  ad- 
journed on  the  20th  inst.  Previous 
to  the  adjournment,  William  Harper 
was  elected  chancellor  of  the  state. 

February,  1829.— RAIL  ROAD— A 
corps  of  the  United  States  engineers, 
under  command  of  Dr.  Howard,  are 
engaged  in  the  survey  of  a  route  for  a 
rail  road  from  Charleston  to  Ham- 
burg. Dr.  H.  has  made  a  valuable 
communication  to  the  president  and 
directors  of  the  company,  suggesting 
an  extention  to  the  Tennessee  river, 
which,  when  improved,  (for  which  a 
large  appropriation  has  been  made  by 
congress,)  may  rival  the  Ohio  in  the 
activity  of  its  trade. 

June. — At  a  meeting  of  the  stock- 
holders of  the  South  Carolina  canal 
and  rail  road  company,  held  on  the 
9th  instant,  it  was  unanimously  re- 
solved that  the  directors  of  the  com- 
pany be  authorized  to  construct  and 
complete,  forthwith,  a  portion  of  the 
rail  road  between  Charleston  and 
Hamburg. 

COTTON. — The  Charleston  Patriot 
publishes  a  statement  of  the  exports 
of  cotton  and  rice  from  Charleston 
for  the  last  eight  years.  From  the 
31st  of  September,  1819,  to  the  1st 
of  October,  1820,  there  were  125,475 
bales  of  upland  cotton,  21,474  do.  Sea 
Island,  and  64,153  tierces  of  rice. 
From  September,  1820,  to  October, 
1821,  there  were  98,678  uplands, 
24,682  Sea  Islands,  and  75,366  tierces 
of  rice.  From  September,  1821,  to 
October,  1822,  there  were  104,540 
uplands,  25,510  Sea  Islands,  and 
78,161  rice.— From  September,  1822 
to  1823,  there  were  136,166  uplands, 
26,744  Sea  Islands,  and  80,398  rice. 
From  September,  1823,  to  October, 
1824,  there  were  129,886  uplands, 
24,635  Sea  Island*,  and  102,170 


SOUTH  CAROLINA. 


;  lerces   of  rice.     From   September, 

1824,  to  October,  1825,  there  were 
.  141,074  uplands,  18,253  Sea  Islands, 

and  92,577  rice.     From  September, 

1825,  to  October,  1826,  there  were 
164,543  uplands,  12,647  Sea  Islands, 
and  95,193  rice.     From  September, 

1826,  to  October,  1827,  there  were 
of  uplands  199,175,  of  Sea  Islands, 
31,828,  and  of  rice  108,533  tierces. 
Of  course,  the  exportation  for  the  last 
year  is  greater  on  all  the  articles  than 
in  any  previous  year. 

August. — GREAT  FRESHET  IN  THE 
PEE  DEE. — On  the  night  of  the  6th 
inst.  the  river  began  to  rise,  and  by 
morning  it  had  risen  thirty  feet — it 
continued  to  rise  slowly  through  the 
7th,  attaining  its  greatest  height  by 
9  o'clock  of  the  8th — at  this  time,  a 
breach  was  made  in  the  dam,  of  great 
height  and  extent,  erected  by  Gen. 
David  R.  Williams  ;  the  torrent  which 
rushed  in  at  this  point  was  so  great, 
as  to  snap  in  two,  like  a  pipe  stem,  a 
cotton  log  three  feet  through,  which 
was  sucked  in  across  the  breach. 
This  tremendous  gush  of  water  soon 
washed  down  the  dam  under  the  wings 
of  a  mill  which  had  been  erected 
about  three  years  since,  and  in  less 
than  five  minutes  time,  tore  up  foun- 
dation, mill,  and  every  thing,  turning 
the  mill  round,  and  carrying  it  into 
Buckhold's  creek,  clearing  itself  a 
passage  through  the  trees  with  the  re- 
sistlessness  of  a  tornado  ;  and  in  lees 
than  two  hours  after,  all  the  cotton  of 
two  adjoining  plantations  belonging 
to  General  W.  was  destroyed.  The 
loss  is  represented  to  have  been  very 
large  on  all  the  river  low  grounds. 

GOLD — Is  found  in  small  quantities 
near  the  Tiger  river.  There  was  a 
vein  of  it  discovered  in  Davidson 
county,  said  to  be  80  feet  in  width.  In 
June,  1828,  a  company  was  formed 
and  commenced  the  gold  mining  bu- 
siness in  Yorkville  district  with  every 
prospect  of  success. 

DECREASE  OF  SLAVES  IN  SOUTH 
CAROLINA. — It  appears  from  the  re- 
ports of  the  comptroller  of  South 
Carolina,  that  the  number  of  slaves 
in  that  statp  decreased  in  one  year. 


from  1824  to  1825,  thirty-two  thou- 
sand seven  hundred  and  twenty-se- 
ven ;  and  in  the  next  year,  one  thou- 
sand one  hundred  and  twenty-nine. 
Total  decrease  in  two  years,  33,856 ; 
being  more  than  one  eighth  of  the 
whole  number  (260,282,)  in  1824. 

CHARLESTON. — The  Charleston 
Mercury  says  that  the  following  com- 
parative statement  of  the  white  popu- 
lation of  the  parishes  composing  the 
district  of  Charleston,  as  taken  in  the 
years,  1819  and  1829,  has  been  fur- 
nished for  publication  by  the  gentle- 
men appointed  by  the  state  legislature 
to  take  the  census  the  present  year  : 

Census  of 

Parishes.  1819.  1829. 

St.  Philip's  and  St.  Michael's,  13,834  13,177 

St.  James',  Goose  Creek,  1,039  1,108 

St.  John's,  Colleton,  436  533 

St.  John's,  Berkley,  617  527 

St.  Stephen's,  440  511 

St.  James',  Santee,  411  392 

Christ  Church,  412  464 

St.  Andrews',  305  301 

St.  Thomas'  and  St.  Dennis',  212  180 

Total,       17,706     17,20-J 

The  statement  shows  a  decrease  in 
ten  years  which  cannot  but  be  consi- 
dered very  remarkable. 

The  bill  of  mortality,  for  the  year 
1828,  gives  the  following  results: 
whole  number  of  deaths  793,  of  whom 
358  were  white,  and  435  black  per- 
sons. Of  the  white,  190  were  na- 
tives of  South  Carolina,  66  of  other 
states,  and  102  foreigners.  The  white 
males  were  232,  females  only  126. 
Nearly  the  same  number  of  black 
males  and  females  died. 

Ages — under  3  years  235 — 3  to  10, 
43—10  to  20,  37—20  to  30,  112—30 
to  40,  112—40  to  50,  73—50  to  60, 
65—60  to  70,  51—70  to  80, 45—80  to 
90,  14—90  to  100, 5— above  100,  one. 

Diseases — apoplexy  22,  convulsions 
45,  consumption  118,  debility  34, 
diarrhosa  45,  dropsy  57,  fevers — bil- 
ious 24,  country  18,  stranger's  26, 
hooping  cough  67,  old  age  58,  teeth- 
ing 29.  All  else  under  20  cases. 

MURDER. — A  curious  case  of  mur- 
der was  tried  in  May,  1829,  at  Fair- 
field  court.  It  was  that  of  Shadrach 
Jacobs  for  the  murder  of  Andrew 
Fea?;ter.  The  murdor  WHS  fommit- 


140  J 


ANNUAL  R EG1STER— 1 827-8-9. 


ted  as  far  back  as  the  year,  1808; 
Jacobs  was  arrested  and  confined,  but 
soon  made  his  escape,  and  fled  to  the 
west,  where  he  continued  to  reside, 
until  he  was  recently  discovered  and 
brought  back.  He  was  accordingly 


tried  and  convicted,  and  appealed  Ibr 
a  new  trial,  but  the  appeal  court  re- 
fused to  grant  it.  He  was  sentenced 
to  be  executed,  which  sentence  was . 
carried  into  effect. 


GEORGIA. 


1827. — In  December  of  this  year, 
the  legislature  adopted  a  report  of  the 
committee  on  the  state  of  the  re- 
public, containing  their  views  upon 
the  powers  claimed  and  exercised  by 
congress,  for  the  purpose  of  encour- 
aging domestic  manufactures,  and  ef- 
fecting a  system  of  internal  improve- 
ment. In  this  report,  the  committee 
contend  that  the  states,  through  their 
legislatures,  have  a  right  to  complain 
of,  and  redress  if  they  can,  all  usurpa- 
tions by  the  general  government. 
Respecting  internal  improvements, 
they  say,  "  if  the  subjects  of  domestic 
manufactures  and  internal  improve- 
ments depended  upon  the  question  of 
expediency,  we  should  have  nothing 
to  say ;  for  that  is  a  matter  purely 
within  the  power  of  congress ;  and 
although  we  should  greatly  deplore 
the  adoption  and  continued  prosecu- 
tion of  a  policy  obviously  grinding 
down  the  resources  of  one  class  of 
states  to  build  up  and  advance  the 
prosperity  of  another  of  the  same  con- 
federacy, yet  it  would  be  ours  to  sub- 
mit under  the  terms  of  our  compact. 
All  argument  is  vain,  against  interest 
sopported  by  power.  But  we  do 
most  solemnly  believe,  that  such  poli- 
cy is  contrary  to  the  letter  and  spirit 
©f  the  federal  constitution."  After 
this  assertion,  the  committee  proceed 
to  state  their  reasons  for  this  con- 
struction of  the  constitution,  and 
conclude  with  the  following  resolu- 
tion : 

"  Resolved,  That  his  excellency, 
the  governor,  be,  and  he  is  hereby  re- 
quested to  cause  the  foregoing  report 
to  be  laid  before  congress  at  its  next 
session,  and  that  he  forward  a  copy 
of  the  same  to  each  of  the  other 
st-atee.  to  be  laid  before  their  respec- 


tive legislatures,  for  the  concurrence 
of  such  as  may  approve  of  the  princi- 
ples therein  avowed,  and  as  due  no- 
tice to  those  who  may  dissent  from 
the  same,  that  Georgia  as  one  of  the 
contracting  parties  to  the  federal 
constitution,  and  possessing  equal 
rights  with  the  other  contracting 
parties,  will  insist  upon  the  construc- 
tion of  that  instrument,  contained  in 
said  report,  and  will  submit  to  no 
other." 

Read  and  agreed  to. 

Thomas  Stocks,  President. 

Attest. 
Wm.  Y.  Flansell,  Secretary. 

In  the  house  of   representatives, 
Dec.  24, 1827,  read  and  concurred  in. 
Irby  Hudson,  Speaker. 

Attest. 

Wm.  C.  Dawson,  Clerk. 

BANKS. — There  are  six  banks  in 
the  state,  viz.  the  bank  of  Augusta, 
which  has  a  capital  of  $600,000.00, 
and  bills  in  circulation  to  the  amount 
of  $379,923.00 ;  the  bank  ofMacon, 
the  proportion  of  the  capital  stock  of 
which  paid  in,  is  50,000,  and  which 
lias  bills  in  circulation  to  the  amount 
of  $87,972 ;  the  Marine  and  Fire  In- 
surance Company,  which  has  deposits 
to  the  amount  of  $43,217.98,  and 
bills  in  circulation  to  the  amount  of 
$125,845.00 ;  the  bank  of  the  state  of 
Georgia,  which  has  capital  stock  to 
the  amount  of  $1,500,000.00,  and 
notes  in  circulation  $1,119,853 ;  the 
Planters'  bank,  which  has  notes  in 
circulation  of  the  old  and  new  emis- 
sion, $259,210,  and  a  capital  stock  of 
$649,050.00;  and  the  bank  of  Darien, 
which  has  a  stock  of  $484,450.00, 
and  bills  in  circulation  to  the  amount 
of  $396,524.44. 

TREASURY. — Receipts  and  expen- 


GEORGIA. 


[141 


uitures  for  the  year  ending  on  the 
31st  of  October,  1828. 

General  tax  of  1820,  $31  12 

1823,  13  74 

1825,  2,007  07 

1826,  41,484  10 
"                    1827,  3,513  00 

Cash  returned  into  the  treasury,  12,241  58 
Sale  of  lots  in  and  adjoining  the  town 

of  Columbus,  26,198  20 
Sale  of  M'lntosh  reserves  in  Butts 

county,  2,619  75 

Sale  of.  lots  in  Macon,  751  23 
Fees  received  by  state-house  officers,       28  37 

Rent  of  lots  fraudulently  drawn,  65  00 
Rent  of  fractions,  reserves,  &c.,  under 

the  act  of  1826,  692  5<U 

Rent  of  Indian  reserves,  226  00 

Fees  on  copy  grants,  89  11 
Fees  on  grants  for  land  drawn  for 

1820,  3,440  00 

1821,  2,876  00 
1827,  22,194  00 

Sale  of  fractions  under  the  act  of 

1822,  12,564  94 
"               "               1823,  1,125  48 

Sale  of  lots  fraudulently  drawn,  2,466  18J 

Lots  in  Macon,  29  75 

Fractions  of  land  sold  under  the  act 

of  1822,  216  95 

"               '••                   1323,  64  25 

Sale  of  lots  Nos.  10  and  100,  1,146  72 

Rent  of  public  property  at    Fort 

Hawkins,  3,433  04 

Fees  on  grants  for  reverted  in  Bald- 
win, Wilkinson,  and  Wayne,  550  00 

Fees  on  grants  and  testimonials,  536  25 

Tax  on  pedlers,  1,170  00 

Dividend  on  bank  stock,  35,10000 

Vendue  tax,  2,213  02J 

Premium  on  United  States  treasu- 
ry checks,  80  07 

Bonds  for  university  lands,  1,972  80 

Fund  from  fees  on  grants  for  lots 

Nos.  10  and  100,  4  00 

Tees  on  grants  fraudulently  drawn,  12  00 

$181,155  38 

Balance  remaining  in  treasury  26th 

November,  1826,  637,303  14 


Balance  remainma  in  the  treasury 
October  31st,  1828,  631,529  36 


$818,458  52 

EXPENDITURES. 

Appropriation  for  the  legislature,  $52,743  40 

Printing  fund  of  1828,  4,537  02 
Appropriation  for  enlarging  the 

state  house,  8,331  82 

Civil  establishment  of  1828,  22,457  66 
Appropriation  for  the  penitentiary, 

1828,  5,000  00 

Contingent  fund  of  1828,  5,833  05 

Special  appropriation,  1827,  19,743  61 

Land  fund,  1825,  10,731  89 

"            1826,  4,022  15 

Military  fund  of  1827,  4,888  21 

Poor  school  fund,  7,724  63 

Land  fund,  12  38 

Appropriation  for  county  academies,    4,095  30 

Printing,  1827,  513  21 

Civil  establishment  of  1827,  581  25 

Contingent  fund  of  1827,  1,689  83 

f?n*cial  appropriation,  1827,  31,250  00 

1824,  1,273  75 

1822,  1,500  00 


«18R.92ft  16 


$818,458  52 

TARIFF. — Much  feeling  was  excit- 
ed in  this  state  by  the  passage  of  the 
tariff,  and  the  people  generally  were 
strongly  opposed  to  it.  The  follow- 
ing protest  received  the  sanction  of 
the  legislature,  and  was  transmitted 
to  congress,  and  entered  on  the  jour- 
nal, January  12th,  1829 : 

PROTEST, 

To  the  senate  of  the  United  States,  by  the  state 
of  Oeorgia,  against  the  tariff. 

From  a  painful  conviction,  that  a  manifests-- 
tion  of  the  public  sentiment,  in  the  most  impos- 
ing and  impressive  form,  is  called  for  by  the  pre 
sent  agitated  state  of  the  southern  section  01 
the  union : 

The  genera)  assembly  of  the  state  of  Georgia 
have  deemed  it  their  duty  to  adopt  the  novel 
expedient  of  addressing,  in  the  name  of  the 
state,  the  senate  of  the  congress  of  the  United 
States. 

In  her  sovereign  character,  the  state  of  Geor- 
gia protests  against  the  act  of  the  last  session  of 
congress,  entitled  "  An  act  in  alteration  of  the 
several  acts  imposing  duties  on  imports,"  as  de- 
ceptive in  its  title,  fraudulent  in  its  pretexts,  op- 
pressive in  its  exaction?,  partial  and  unjust  in 
its  operations,  unconstitutional  in  its  well  known 
objects,  ruinous  to  commerce  and  agriculture ; 
— to  seqpre  a  hateful  monopoly  to  a  combination 
of  importunate  manufacturers. 

Demanding  the  repeal  of  an  act,  which  has 
already  disturbed  the  union,  and  endangered  the 
public  tranquillity,  weakened  the  confidence  of 
whole  states  in  the  federal  government,  and  di- 
minished the  affection  of  large  masses  of  the 
people  of  the  union  itself — and  the  abandonment 
of  the  degrading  system  which  considers  the 
people  as  incapable  of  wisely  directing  their  own 
enterprise — which  sets  up  the  servants  of  the 
people,  in  congress,  as  the  exclusive  judges  of 
what  pursuits  are  most  advantageous  and  suita- 
ble for  those  by  whom  they  were  elected  :  the 
state  of  Georgia  expects,  that,  in  perpetual  testi- 
mony thereof,  this  deliberate  and  solemn  expres- 
sion of  her  opinions  will  be  carefully  preserved 
among  the  archives  of  the  senate,  and  in  justifi- 
cation of  her  character  to  the  present  generation 
and  posterity ;  if.  unfortunately,  congress,  dis- 
regarding this  protest,  and  continuing  to  pervert 
powers  granted  for  clearly  denned  and  well  un- 
derstood purposes  to  effectuate  objects  never  in- 
tended, by  the  great  parties  by  whom  the  con- 
stitution was  framed,  to  be  intrusted  to  the  con- 
trolling guardianship  of  the  federal  government, 
should  render  necessary,  measures  of  decisive 
character,  for  the  protection  of  the  people  of  the 
state,  and  the  vindication  of  the  constitution  of 
the  United  States. 

In  December,  the  following  reso- 
lutions were  passed : 

Resolved,  That  this  legislature  concur  with 
the  legislature  of  the  state  of  South  Carolina,  in 
the  resolutions  adopted  at  their  December  ses- 
sion in  1827,  in  relation  to  the  powers  of  the  ge- 
neral government  and  state  rights.  [Vide  page 
137  supra.] 

Resolved,  That  his  excellency  the  governor  b(- 
to  transmit  copies  of  this  preamble 


ANNUAL  REGISTER— 1827-8-9. 


and  resolutions  to  the  governors  of  Uic  several 
states,  with  a  request  that  the  same  be  laid  l>o- 
fore  the  legislatures  of  their  respective  states  ; 
and  also  to  our  senators  and  representatives  in 
congress,  (o  be  by  them  laid  before  congress  for 
consideration. 
Approved:  December  20,  1828: 

JOHN  FOKSYTH,  Governor. 

AGRICULTURE. — In  Nov.  1827,  a 
resolution  was  passed  by  the  Georgia 
legislature,  to  instruct  the  committee 
on  agriculture  and  internal  improve- 
ments, to  inquire  into  the  expediency 
of  adopting  measures  to  promote  the 
cultivation  of  certain  plants,  in  con- 
sequence of  "the  continued  depres- 
sion of  the  cotton  market,"  and  we 
find  that  in  their  report, 

They  recommended  that  attention 
be  devoted  particularly  to  those  tracts 
of  land  called  Pine  Barrens,  where 
mulberry  trees  might  be  raised  with 
facility,  and  silks  might  be  made  in 
large  quantities.  Before  this  branch 
of  culture  was  destroyed  by  the  revo- 
lutionary war,  in  one  year  ten  thou- 
sand pounds  of  silk  were  received  at 
Savannah.  As  women  and  children 
are  able  to  perform  all  the  necessary 
labour,  the  committee  were  of  opinion 
that  the  subject  was  worthy  of  the  en- 
couragement of  the  legislature. — Ol- 
ives may'be  raised  in  Georgia,  as  was 
proved  by  an  experiment  made  on  the 
plantation  of  Thomas  Spalding,  esq. 
of  Mclntosh  county,  where  five  trees 
were  bearing,  and  forty  or  fifty  were 
growing  well.  Good  wine  was  made 
on  the  same  plantation,  of  native 
grapes ;  and  there  was  evidence  refer- 
red to  by  the  committee,  which  proved 
that  very  good  wine  was  made  in  the 
state  as  early  as  1740. 

Tobacco,  indigo,  madder,  the  white 
poppy,  and  several  kinds  of  grass  were 
also  recommended ;  and  it  was  proposed 
that  large  tracts  of  country,  now  use- 
less, should  be  converted  into  sheep- 
walks.  For  the  purpose  of'  exciting 
the  zeal,  attention  and  industry  of 
the  inhabitants  on  these  and  paral- 
lel subjects,  the  committee  recom- 
mended that  various  premiums  be  of- 
fered. 

INTERNAL  IMPROVEMENTS. — With- 
in the  last  thirteen  vears.  the  sum  of 


$321,500  has  been  expended  by  the 
state  of  Georgia,  for  internal  improve- 
ments, but  to  so  little  purpose  that  the 
legislature  has  adopted  a  resolution 
"that  no  further  appropriations  be 
made  for  the  purpose  of  internal  im- 
provement, until  some  better  and 
more  efficient  system  shall  be  matur- 
ed and  adopted,  and  that  the  office  of 
civil  ingineer  be  abolished  for  the 
present." 

In  January,  1829,  the  legislature 
directed  a  subscription  of  $44,000  to 
the  stock  of  the  Savannah,  Ogechee, 
and  Alatamaha  canal,  and  appropri- 
ated $7,000  to  build  an  arsenal  in  Sa- 
vannah. 

Jan.  4*A. — The  resolutions  grant- 
ing to  the  Darien  Bank  the  privilege 
of  redeeming  her  notes  in  the  treasu- 
ry, by  instalments  of  $150,000  a  year, 
to  which  the  governor  dissented,  were 
passed  in  both  branches  of  the  legis- 
lature of  Georgia,  by  the  constitu- 
tional majority  of  two  thirds. 

On  the  question  of  removing  Judge 
Moses  Ford  from  office,  by  an  address 
to  the  governor,  as  recommended  by 
the  committee,  (on  a  charge  of  ha- 
bitual intemperance,  and  consequent 
incapacity  for  the  duties  of  his  office,) 
the  vote  in  the  house  of  representa- 
tives, was  yeas  80,  nays  36 ;  in  the  se- 
nate, yeas  39,  nays  27.  So  that  there 
was  a  constitutional  majority  of  the 
house,  but  not  of  the  senate,  for  his 
removal. 

November. — JUDICIARY. — The  ju- 
diciary of  the  state  of  Georgia  is  pe- 
riodically elective  by  the  legislature. 
The  election  of  the  judges  of  the  cir- 
cuit courts  took  place  this  month,  and 
resulted  as  follows  : 

For  the  northern  circuit,  Wm.  H. 
Crawford  was  re-elected.  He  re- 
ceived 165  votes.  Thirty  scattering 
votes. 

For  the  Ocmulgee  circuit,  Eli  S. 
Shorter  was  elected.  He  received 
124  votes,  Thomas  W.  Cobb,  61. 
Adam  G.  Saffold  20. 

For  the  middle  circuit,  W.  W. 
Holt  was  elected.  Holt  122,  and 
Schley  84  votes. 


GEORGIA, 


[143 


Por  the  western  circuit,  A.  S. 
Clayton  was  elected.  Clayton  107, 
and  Harris  5  votes. 

For  the  Flint  Circuit,  C.  B.  Strong 
was  elected.  Strong  111,  and  Prince 
86  votes. 

For  the  southern  circuit,  Thaddeus 
G.  Holt  was  elected.  Holt  153,  and 
Long  51  votes. 

For  the  Eastern  Circuit,  William 
Davies  was  elected.  Davies,  184 
votes ;  scattering  10. 

For  attorney  general  of  the  state, 
George  W.  Crawford.  Mr.  Craw- 
ford received  104,  and  Thomas  Berri- 
en,  S3  votes. 

December. — In  the  legislature  of 
the  state,  a  serious  attempt  was 
made  to  abolish  penitentiary  pun- 
ishment. It  was  rejected  in  the 
house  of  representatives  on  the  4th 
instant,  by  a  majority  of  only  ten 
votes.  The  hostility  to  the  system, 
appeared  to  be  rather  directed  to  the 
manner  of  conducting  the  establish- 
ment, than  to  the  moral  efficacy  of 
this  sort  of  commutation  for  corporal 
punishment. 

A  bill  proposing  the  call  of  a  con- 
vention, was  rejected,  40  votes  to 
31.  A  bill  to  create  aboard  of  agri- 
culture for  the  state,  to  provide  for 
the  organization  of  agricultural  so- 
cieties, and  to  appropriate  funds  for 
the  payment  of  premiums,  was  also 
rejected. 

INDIANS. — The  controversy  be- 
tween Georgia  and  the  Indians  has 
been  continued  during  the  last  two 
years,  and  both  parties  have  exhibited 
a  determination  not  to  relinquish,  in 
the  least,  their  respective  pretensions. 

In  December,  1827,  the  following 
laws  were  passed  by  the  legislature  : 

"  An  act  to  divide  the  counties  of 
Carrol  and  Coweta  into  electoral  dis- 
tricts, and  to  add  a  certain  part  of  the 
Cherokee  nation  to  the  counties  of 
Carrol  and  De  Kalb,  for  the  purposes 
of  giving  criminal  jurisdiction  to  the 
same. 

"  Sec.  8. — And  be  it  further  en- 
acted, That,  all  that  portion  of  the 
Cherokee  nation,  lying  within  the 
following,  lines,  shall  be  attached  to, 


and  considered  as  a  part  of  the  coun- 
ty of  Carrol,  under  the  several  laws 
heretofore  passed  for  the  trial  of  of- 
fences committed  in  the  Cherokee  or 
Indian  nation,  to  wit,"  &c. 

"Sec.  9.  And  be  it,  $c.,  That, all 
that  portion  of  the  unlocated  territo- 
ry of  this  state,  lying  north  of  the 
aforesaid  line,  and  south  of  the  High 
Tower  Trail,  be  added  to  the  county 
of  De  Kalb,  for  the  purposes  of  crimi- 
nal jurisdiction,  and  that  all  crimes 
and  misdemeanours  committed  on  any 
part  of  the  aforesaid  territory,  by  or 
against  any  citizen  of  this  state,  of 
of  the  United  States,  shall  be  cogni- 
zable and  liable  in  the  aforesaid  coun- 
ty of  De  Kalb." 

Assented  to,  Dec.  26th,  1827. 
JOHN  FORSYTH,  governor. 

In  January,  1828,  proceedings 
were  had  by  the  legislature  with  re- 
gard to  the  course  pursued  by  the 
United  States,  on  the  Indian  ques- 
tion, and  a  report  on  the  subject  of 
the  Cherokee  lands,  was  made  to  the 
legislature,  and  the  committee  recom- 
mended the  adoption  of  the  follow- 
ing resolutions : 

"  Resolved,  That  the  United  States,  in  failing 
to  procure  the  lands  in  controversy,  "  as  early" 
as  the  same  could  be  done  upon  "peaceable" 
and  "  reasonable  terms,"  have  palpably  violated 
their  contract  with  Georgia,  and  are  now  bound, 
at  all  hazards,  and  without  regard  to  terms,  to 
procure  said  lands  for  the  use  of  Georgia. 

"  Resolved,  That  the  policy  which  has  been 
pursued  by  the  United  States  towards  the  Che- 
rokee indians,  has  not  been  in  good  faith  te 
wards  Georgia  ;  and  that  as  all  the  difficulties 
which  now  exist  to  an  extinguishment  of  the 
Indian  title,  have  resulted  alone  from  the  acts 
and  policy  of  the  United  States,  it  would  be  un- 
just and  dishonourable  in  them  to  take  shelter 
behind  those  difficulties 

'•LResolved,  That  all  the  lands  appropriated 
and  unappropriated,  which  lie  within  the  con- 
ventional limits  of  Georgia,  belong  to  her  abso- 
lutely ;  that  the  title  is  in  her  ;  that  the  Indians 
are  tenants  at  her  will,  and  that  she  may,  at 
any  time  she  pleases,  determine  that  tenancy  by 
taking  possession  of  the  premises;  and  that 
Georgia  lias  the  right  to  extend  her  authority, 
and  to  coerce  obedience  to  them,  from  all  descrip- 
tions of  people,  be  they  white,  red,  or  black,  who 
may  reside  within  her  limits. 

"  Resolved,  That  Georgia  entertains  for  the 
general  government  so  high  a  regard,  and  is  so 
solicitous  to  do  no  act  that  can  disturb  the  pub- 
lic tranquillity,  that  she  will  not  attempt  to  en- 
force her  rights  by  violence,  until  all  other 
mians  of  redress  fail. 

"Resolved,  That  to  avoid  the  catastrophe 
which  none  would  more  sincerely  deplore  than 
(>urwclvs.  WP.  make  this  solemn — this  final-- 


ANNUAL  REGISTER— 1827-8-y. 


tills  last  appeal,  to  the  president  of  the  United 
States,  that  he  take  such  steps  as  are  usual, 
and  as  he  may  deem  expedient  and  proper  for 
the  purpose  of,  and  preparatory  to,  the  holding 
of  a  treaty  with  the  Cherokee  Indians,  the  ob 
ject  of  which  shall  be,  the  extinguishment  of 
their  title  to  all  or  any  part  of  the  lands  now  in 
their  possession,  within  the  limits  of  Georgia. 

"  Resolved,  That  if  such  treaty  be  held,  the 
president  be  respectfully  requested  to  instruct 
the  commissioners  to  lay  a  copy  of  this  report 
before  the  Indians  in  convention,  wich  such  com- 
ments as  may  be  considered  just  and  proper,  up- 
on the  nature  and  extent  of  the  Georgia  title  to 
the  lands  in  controversy,  and  the  probable  con- 
sequences which  will  result  from  a  continued 
refusal,  upon  the  part  of  the  Indian?  to  part  with 
these  lands.  And  that  the  commissioners  be 
also  instructed  to  grant,  if  they  find  it  absolutely 
necessary,  reserves  of  land  in  favour  of  indi- 
vidual Indians,  or  inhabitants  of  the  nation,  not 
to  exceed  one-sixth  part  of  the  territory  to  be 
acquired,  the  same  to  be  subject  to  the  future 
purchase  by  the  general  government,  for  the  use 
of  Georgia. 

"  Resolved,  Tiiat  his  excellency,  the  gover- 
nor, be  requested  to  forward  a  copy  of  the  fore- 
going report  and  resolutions  to  the  president  of 
the  United  States,  and  one  to  our  senators  and 
representatives  in  congress,  with  a  request  that 
they  use  their  best  exertions  to  obtain  the  ob- 
ject therein  expressed." 

OLIVES. — Olives  of  a  very  excel- 
lent quality,  are  abundantly  raised  on 
Cumberland  island. 

COAL. — A  valuable  bed  of  coal  has 
been  discovered  near  Marion,  in 
Twiggs  county.  It  is  hailed  as  a  dis- 
covery more  valuable  than  if  of  silver 
or  gold. 

SUGAR. — During  the  year  1828, 
Mr.  John  Mizzle,  residing  on  the 
head  waters  of  Spanish  creek,  Cam- 
den  county,  produced  from  a  spot  of 
pine  barren  manured  ground,  measur- 
ing 56  yards,  or  168  feet  square,  3J 
barrels  of  superior  quality  sugar,  and 
1|-  barrels  dripped  molasses — average 
weight  of  sugar,  230  Ibs.  805  lbs.»- 
molasses,  48  gallons. 

BANKING. — The  following  descrip- 
tion was  given  in  the  Georgia  Jour- 
nal, of  the  opening  of  the  bank,  in 
Milledgeville,  on  June  27th,  1829: 

The  pencil  of  Hogarth  would  have 
been  inadequate  to  the  representation 
of  a  scene  exhibited  before  the  Cen- 
tral bank,  on  Saturday  last,  when  the 
bank  was  first  opened  to  pay  out 
money.  The  state  house  passage, 
near  the  door  of  the  bank,  was  crowd- 
ed almost  to  suffocation,  the  weather 
melting  hot,  impatience,  anxiety. 


hope,  and  fear,  were  depicted  m  the 
countenances  of  the  multitude  of  ap- 
plicants for  money,  who  had  come 
from  the  extreme  points  of  the  state, 
from  east,  west,  north,  and  south.  A 
little  past  10  o'clock,  the  door  of  the 
bank  was  opened,  when  a  rush  was 
made  to  be  first  at  the  cashier's  desk. 
The  room  was  instantly  crammed  so 
full,  that  those  who  wished  to  get  out 
found  it  very  difficult  to  make  their 
escape.  This  scene,  instructive  to 
the  indifferent  spectator,  but  at  the 
same  time  humiliating,  continued 
throughout  the  day. 

January,  1829. PENITENTIARY. 

It  is  said  in  a  Georgia  paper,  to  the 
credit  of  the  morals  and  habits  of  the 
female  part  of  the  population  of  the 
state  of  Georgia,  that  there  have  been 
but  two  females  imprisoned  in  the 
penitentiary  at  Milledgeville,  since 
that  system  went  into  operation  in 
that  state,  eleven  years  ago.  One  of 
these  unfortunates,  as  was  afterwards 
proved,  had  been  convicted  through 
the  perjury  of  a  witness;  and  the 
other  was  but  the  accomplice  of  her 
husband,  in  forging  that  kind  of  small 
paper  currency,  called  change  bills, 
and  which  used  to  inundate  the  whole 
country,  during  the  suspension  of 
specie  payments. 

April. — CASTOR  OIL. — Dr.  Reese, 
of  Jasper  county,  in  1828  made  an 
experiment  in  cultivating  the  palma 
christi,  or  castor  oil  bean,  (Ricinus 
Americanus.}  It  is  thought,  this  cul- 
tivation would  be  more  profitable  than 
almost  any  other  that  could  be  adopt- 
ed in  the  up  country.  It  yields  about 
the  same  to  the  acre  as  indian  corn  ; 
and  each  bushel  of  the  berry  yields 
from  a  gallon  and  a  half  to  two  gal- 
lons of  oil  ;  which  is  worth  $2.50 
per  gallon.  With  the  exception  of 
gathering,  this  crop  requires  no  more 
labour  than  one  of  corn. 

FIRES. — A  terrible  and  destructive 
fire  occurred  at  Augusta  on  the  3d  of 
April.  The  number  of  houses  de- 
stroyed were  estimated  at  from  three 
hundred  to  three  hundred  and  fifty ; 
and  the  loss  of  property,  not  far  short 
of  half  a  million  of  dollars ;  not 


ALABAMA. 


[145 


one  third  of  which,  it  is  supposed, 
was  insured. 

'  A  fire  broke  out  in  Savannah  on 
the  10th  instant,  at  10  o'clock  in  the 
morning,  which  ended  in  the  destruc- 
tion of  80  or  90  dwelling  houses,  and 
some  other  buildings,  about  100  in  all, 
with  great  quantities  of  rice,  and 
other  produce.  The  insurance  offices 
suffered  heavily. 

EXPORTS. — It  was  estimated  in  the 
Georgia  Courier,  that  up  to  the  13th 
March,  112,994  bales  of  cotton,  at  30 
dollars  per  bale,  equal  to  $3,389,820, 
had  been  shipped  from  Augusta  and 
Hamburg  in  the  present  season,  of 
which,  nearly  2,000  bales  had  been 
damaged  or  lost  by  casualties  on  the 
river,  and  a  loss  made  of  $49,160. 
The  chief  losses  were  by  the  burning 
of  steamboats. 

The  exports  from  Savannah,  during 
May,  were  25,018  bales  of  cotton,  and 
4,161  tierces  of  rice ;  making,  for 
eight  months,  ending  31st  May, 
191,720  bales  of  cotton,  and  18,814 
tierces  of  rice,  being  an  increase 
over  the  same  period  last  season,  of 
75,774  bales,  and  5,828  tierces.  Of 
the  shipments  this  season,  122,986 
bales,  and 9499  tierces,  were  to  foreign 
ports,  the  remainder  coastwise,  being 
an  increase  of  the  first  56,488  bales, 
and  2,728  tierces,  and  of  the  latter, 
20,286  bales,  and  3,100  tierces. 

The  increase  this,  over  the  last  season,  is  to 
Liverpool,  46,819  bales. 

Havre,  5,741 

New  York,  8,542 

Providence,  3,913 

The  increase  of  sea  islands  is  only  586  bales, 
the  exports  of  last  season  being  10,889  bales. 

ELECTIONS. In   October,    1827, 

John  Forsyth  was  elected  governor, 
by  a  large  majority ;  receiving  22,220 


votes,  and  having  only  9,072  against 
him.  At  the  same  election,  the  sense 
of  the  people  was  taken  on  the  ques- 
tion of  convention  or  no  convention* 
(for  revising  the  constitution  of  the 
state,)  and  determined  in  the  nega- 
tive, 19,623  votes  against  10,467. 

December. Richard  H.  Wilde 

was  elected  representative  to  con- 
gress, in  the  room  of  Mr.  Forsyth. 
An  entire  change  was  made  in  the 
state  officers,  by  the  legislature. 
Hines  Holt  was  appointed  treasurer, 
Thacker  Howard  comptroller,  Eve- 
rard  Hamilton  secretary  of  state,  and 
T.  Mitchell  surveyor  general. 

November,  1828. George  M. 

Troup  was  chosen  by  the  legislature 
of  Georgia,  to  be  a  senator  of  the 
United  States,  for  six  years,  from  the 
4th  day  of  March  next,  to  succeed 
Mr.  Cobb.  Mr.  T.  received  nearly 
a  unanimous  vote. 

Mr.  Cobb,  having  resigned  his  seat 
in  the  senate,  Oliver  H.  Prince  was 
chosen  to  fill  the  vacancy  thus  occa- 
sioned. 

REPRESENTATIVES  TO  CONGRESS. 
— The  following  exhibits  the  whole 
number  of  votes  given  to  each  candi- 
date, with  the  proportion  embraced 
by  the  returns  not  made  according  to 
law : 


Total.    Defective,  r.  counted. 

Gilmcr, 

23,287 

5,847 

18,440 

Wilde, 

23,403 

5,118 

18,285 

Thompson, 

21,292 

4,435 

16,857 

Haynes, 

18,461 

3,903 

14,558 

Poster, 

18,601 

4,734 

13,869 

Wayne, 

20,645 

5,962 

15,683 

Williamson, 

10,094 

1,629 

8,485 

Brailsford, 

9,933 

2,911 

7,422 

Merriwether, 

11,936 

2,675 

9,261 

Lumpkin, 

16,118 

3,437 

12,681 

Cuthbert, 

14,382 

3,191 

11,141 

Charlton, 

12,714 

2,415 

10,238 

Triplett, 

11.835 

2,769 

9,667 

ALABAMA. 


1827 — POPULATION. — By  a  census 
of  this  state,  in  1827,  it  appeared  that 
the  whole  number  of  the  inhabitants 
was  244,041.  Of  this  number  91,308 
were  slaves,  and  555  free  people  of 
colour.  The  same  state,  in  1820, 
contained  127,901  inhabitants ;  show- 
ing an  increase,  in  seven  years,  of 
116,140.  The  increase  of  slaves,  in 


Voi.  III. 


the  same  time,  was  49,429,  and  the  de-- 
crease of  people  of  colour  16. 

November. — The  legislature  of  this 
state  met  at  Tuscaloosa  on  the  19th 
ult.  In  the  senate,  Nicholas  Davis 
was  unanimously  elected  president, 
and  Francis  S.  Lyon  secretary.  In 
the  other  house,  Samuel  W.  Oliver 
was  elected  speaker,  and  Thomas  B. 


19* 


146] 


ANNUAL  REGISTER— 1827-8-9. 


Tunstall  clerk.  On  Tuesday,  the 
20th,  governor  Murphy  transmitted 
his  message.  After  a  view  at  some 
length,  of  the  duties  of  legislative 
bodies,  the  governor  occupied  consid- 
erable space  in  treating  on  the  pecu- 
niary depression  which  existed  in  the 
state,  and  which  he  submitted  to  the 
consideration  of  the  legislature.  The 
criminal  law  and  the  judicial  system 
of  the  state,  the  subject  of  education, 
and  the  agricultural  interests  of  the 
state  were  dwelt  on.  It  was  suggested 
whether  it  would  not  be  wise  to  im- 
prove the  facilities  which  the  state 
presents  for  internal  improvements. 
On  the  subject  of  the  tariff,  the  fol- 
lowing remarks  were  made : 

"  The  system  of  protecting  duties 
which  occupied  the  attention  of  con- 
gress at  the  last,  and  which  will  prob- 
ably be  urged  upon  their  consideration 
at  the  present  session,  may  well  de- 
serve your  serious  reflection.  It  is 
the  duty  of  every  member  of  the  con- 
federation to  have  their  full  weight 
of  council  and  advisement  in  all  great 
measures  of  national  policy.  There  is 
too  much  reason  to  believe  that  the 
proposed  tariff  will  prove  to  be  highly 
impolitic,  unequal,  and  oppressive.  It 
is  not  the  intention  to  enter  into  the 
argument  which  has  been  so  ably 
managed  by  others,  but  suggest  the 
subject  to  your  careful  and  impartial 
consideration." 

MOBILE. — A  great  fire  broke  out  in 
this  city  on  the  21st  of  September. 
Two  thirds  of  the  business  part  of  the 
town  was  destroyed,  and  the  loss  es- 
timated at  more  than  a  million  of 
dollars.  $500,000  worth  of  property 
was  insured  in  the  N.  Y.  offices.  The 
houses  destroyed  by  the  fire  amount- 
ed to  one  hundred  and  sixty-nine,  ex- 
clusive of  back  buildings  or  out-hou- 
ses, and  much  damage  was  also  done 
to  the  wharves.  About  seven  eighths 
of  the  buildings  destroyed  were  of 
wood. 

TARIFF. — In  January,  1828,  the 
legislature  adopted  a  remonstrance 
to  the  congress  of  the  United 
States,  against  the  power  to  protect 
certain  branches  of  domestic  in- 


dustry, and  also  against  the  pob> 
cy  of  the  measure.  It  states  that 
they  "  do  not  complain  of  the  power 
to  raise  revenue  or  regulate  com- 
merce ;  nor  do  they  complain  of  the 
incidental  protection  that  may  result 
from  a  well  adjusted  '  tariff,'  impos- 
ed on  the  importation  of  foreign  goods, 
with  a  view  to  revenue  alone ;  nor  yet 
of  the  occasional  inequalities  that 
must  attend  the  operation  of  any  gen- 
eral system.  But  they  complain  of 
the  assertion  of  a  different  power  ;  of 
the  power  to  impose  a  duty  on  any 
article  of  foreign  commerce  ;  not  be- 
cause we  want  revenue,  or  the  regula- 
tions of  commerce,  as  such,  require 
improvement ;  but  because  we  want 
to  exclude  the  foreign  in  favour  of  the 
domestic  fabric."  They  contend  that 
such  a  power  is  not  granted  in  the 
constitution,  and  must  be  sustained, 
if  at  all,  by  the  pliable  doctrine  of  im- 
plication ;  and  as  it  is  not  necessary 
to  the  power  to  raise  revenue  or 
regulate  commerce,  it  cannot  be  sus- 
tained as  an  incidental  or  implied 
power ;  on  the  contrary,  it  is  a  sub- 
stantial, distinct  power,  resting  on 
assumption  and  fraught  with  danger.' 
In  the  concluding  paragraph  of  the 
remonstrance  they  observe,  "Let  it 
be  distinctly  understood,  that  Alaba- 
ma, in  common  with  the  southern 
and  southwestern  states,  regards  the 
power  assumed  by  the  general  govern- 
ment to  control  her  internal  concerns 
by  protecting  duties  beyond  the  fair 
demands  of  the  revenue,  as  a  palpable 
usurpation  of  a  power  not  given  by 
the  constitution,  and  the  proposed 
woollens  bill,  as  a  species  of  oppres- 
sion little  less  than  legalized  pillage 
on  the  property  of  her  citizens,  to 
which  she  can  never  submit  until  the 
constitutional  means  of  resistance 
shall  be  exhausted." 

March,  1828 — UmvERsiTY—On 
the  22d  instant  the  trustees  of  the 
university  of  Alabama  selected  as  a 
site,  whereon  to  erect  the  buildings  of 
this  institution,  the  place  known  as 
Mair's  Spring,  situated  on  the  main 
road  leading  in  a  direction  towards 
Huntsville.  and  distant  from  the  town 


ALABAMA. 


[147 


of  Tuscaloosa,  one  mile  and  a  half. 
The  site  selected  is  a  part  of  the  land 
originally  granted  by  congress  to 
the  institution.  The  site  is  high 
and  healthy  ;  it  is  in  the  immediate 
neighbourhood  of  the  quarry,  from 
which  most  of  the  beautiful  stone  used 
in  building  the  basement  stories  of 
the  state  capitol  and  bank,  has  been 
obtained. 

FIRE. — The  theatre  at  Mobile,  in 
the  state  of  Alabama,  was  consumed 
by  fire  on  the  first  instant.  Mr.  Lud- 
low,  the  manager,  was  not  only  the 
principal  stockholder  in  the  theatre, 
but  lost  the  whole  of  an  extensive  and 
valuable  wardrobe. 

MILITIA. — According  to  the  latest 
returns  received  at  the  department  of 
war,  pursuant  to  the  act  of  March  2d, 
1803,  the  militia  of  the  state  amount- 
ed to  23,000. 

December,  1828.— On  the  18th  of 
this  month,  Governor  Murphy  sent 
his  message  to  the  legislature. 
Among  the  subjects  alluded  to  in  the 
message  was  the  tariff  lately  passed 
by  congress,  and  which  he  particu- 
larly recommended  to  the  considera- 
tion of  the  legislature. 

That  part  of  his  message  was  re- 
ferred to  a  select  committee,  which 
reported  resolutions  against  the  tariff 
as  impolitic,  unjust,  and  unconstitu- 
tional, together  with  a  preamble  con- 
taining the  argument  against  the  po- 
licy. These  resolutions  were  passed 
and  transmitted  to  congress,  and 
were  entered  on  the  journal  of  the 
senate,  February  28th,  1829.  They 
are  as  follows : 

Resolved,  by  the  senate  and  house 
of  representatives  of  the  state  of  Ala- 
bama, in  general  assembly  convened, 
That  the  tariff  of  1828,  is,  in  its  op- 
eration, impolitic  and  unjust,  produ- 
cing the  most  unhappy  effects  on  the 
interests  of  the  great  body  of  our  citi- 
zens, by  its  exclusive  bearings  on 
them;  prostrating  agriculture,  com- 
merce, and  navigation,  while  it  cher- 
ishes and  elevates  manufactures ;  and 
which  is  an  exercise,  on  the  part  of 
the  general  government,  of  a  power 
not  delegated  by  the  constitution  un- 


der which  we  live,  and  too  well  cal- 
culated to  disturb  the  harmony  of  the 
union. 

Resolved,  That  all  duties  imposed 
by  congress  on  imposts,  not  for  reve- 
nue, but  to  control  the  industry  of  the 
country,  are  contrary  to  the  spirit  of 
the  constitution. 

Resolved,  That  when  the  genera 
government  transcends  the  powers 
delegated  to  it  by  the  constitution, 
the  legitimate  mode  of  opposition,  be- 
coming the  dignity  of  a  sovereign 
state,  is,  by  respectful  remonstrance, 
until  argument  and  entreaty  are  ex- 
hausted ;  and  that  open  and  unquali- 
fied resistance,  should  be  the  last  and 
desperate  alternative  between  sub- 
mission on  the  one  hand,  and  the  li- 
berty of  the  people  on  the  other. 

Resolved,  That  our  senators  in 
congress  be  instructed,  in  the  name 
of  the  state  of  Alabama;  to  record  on 
the  journals  of  that  body,  a  solemn 
protest  against  the  tariff  act  of  1828, 
as  unconstitutional,  unjust,  unequal, 
and  oppressive  in  its  operation. 

Resolved,  That  the  governor  be  re- 
quested to  forward  to  each  of  our 
senators  in  the  congress  of  the  United 
States,  a  copy  of  the  foregoing  re- 
monstrance and  resolutions. 

January,  1829. — William  R.  King 
was  re-elected,  without  opposition, 
to  be  a  senator  of  the  United  States 
from  the  state  of  Alabama,  for  six 
years  from  the  30th  day  of  March 
next,  when  his  pretent  term  of  ser- 
vice will  expire. 

Resolutions  were  introduced  propo- 
sing to  the  citizens  of  this  state,  at 
the  next  general  election,  a  change  to 
the  constitution  of  the  state  of  Alaba- 
ma, so  as  to  have  biennial,  instead  of 
annual  sessions  of  the  legislature; 
also  to  limit  the  tenure  by  which  the 
several  judges  of  this  state  hold  their 
offices  to  six  years,  instead  of  the  pre- 
sent tenure. 

October. Gabriel    Moore    was 

elected  by  the  people  of  the  state  of 
Alabama,  to  be  governor  of  that  state, 
of  which  he  has  for  several  years  past 
been  one  of  the  representatives  to 
congress,  without  opposition,  and  R 


148] 


ANNUAL  REGISTER— 1827-8-9. 


E.  B.  Baylor,  Clement  C.  Clay,  and 
Dixon  H.  Lewis,  were  elected  repre- 
sentatives to  congress. 

INDIANS. — A  constitution  was 
adopted  by  the  Cherokee  Indians  at  a 
convention  held  at  New  Echota  on 
the  26th  of  July,  1827.  The  consti- 
tution commences  by  designating  the 
boundaries  of  the  Cherokee  nation, 
beginning  on  the  north  bank  of  the 
Tennessee  river,  at  the  upper  part  of 
the  Chickasaw  Old  Fields,  &c.  The 
lands  are  to  remain  the  common  pro- 
perty of  the  nation,  but  the  improve- 
ments made  thereon  are  to  be  the  exclu- 
sive and  indefeasible  property  of  the  ci- 
tizens who  made,  or  may  be  rightfully 
in  possession  of  them.  The  power 
of  the  government  is  to  be  divided  into 
three  distinct  departments — the  le- 
gislative, executive,  and  the  judicial. 
The  legislative  power  to  be  vested  in 
two  distinct  branches — a  committee 
and  a  council ;  and  both  to  be  styled, 
"  The  general  council  of  the  Chero- 
kee Nation,"  The  nation  is  laid  off 
into  eight  districts ;  the  committee  to 
consist  of  two  members  from  each, 
and  to  be  chosen  for  two  years ;  the 
first  election  to  be  held  on  the  first 
Monday  in  August,  1828.  The  gen- 


eral council  to  be  held  once  a  year,  at 
New  Echota. 

The  executive  power  of  the  nation 
to  be  vested  in  a  principal  chief,  who 
shall  be  chosen  by  the  general  coun- 
cil, and  shall  hold  his  office  for  four 
years.  Three  councillors  are  to  be 
annually  appointed  to  advise  with  the 
principal  chief  in  the  executive  part 
of  the  government,  &c. 

The  judicial  powers  to  be  vested  in 
a  supreme  court,  and  such  circuit  and 
inferior  courts,  as  the  general  council 
may  from  time  to  time  order  and  es- 
tablish. The  supreme  court  to  con- 
sist of  three  judges.  All  the  judges 
are  to  be  appointed  for  four  years.  No 
minister  of  the  gospel  is  to  be  eligible 
to  the  office  of  principal  chief,  or  to 
assist  in  the  general  council.  Religious 
freedom  is  secured.  Sheriffs  are  to  be 
elected  in  each  district  by  the  qualified 
voters,  and  to  hold  their  office  for  two 
years.  A  marshal  to  be  appointed  by 
their  general  council  for  four  years ; 
his  jurisdiction  to  extend  over  the 
whole  Cherokee  nation.  The  right  of 
trial  by  jury  to  remain  in  violate.  Fora 
more  particular  detail  of  its  provi- 
sions, vide  public  documents  2d  part. 


MISSISSIPPI. 


BLOODY  RENCOUNTER. — The  fol- 
lowing is  an  account  given  in  the 
New  Orleans  Argus,  of  a  bloody  af- 
fair that  took  place  near  Natchez,  on 
the  19th  October,  1827. 

Doctor  Maddox,  invited  Mr.  Samu- 
el L.  Wells,  without  the  limits  of  the 
state  of  Louisiana;  they  met  at 
Natchez  on  the  17th ;  on  the  18th, 
Wells  was  challenged  by  Maddox  ; 
the  19th  was  appointed  for  the  day  of 
combat,  and  the  first  sand  beach  above 
Natchez,  on  the  Mississippi  side,  for 
the  place  of  meeting.  They  met,  ex- 
changed two  shots  without  effect,  and 
then  made  friends.  While  the  com- 
batants and  friends  were  retiring 
from  the  ground,  Wells  invited  Mad- 
dox, his  friend,  col.  Crane,  and  sur- 
geon. Dr.  Denny,  to  the  woods,  where 


his  friends,  who  were  excluded  from 
the  field,  were  stationed,  to  take  some 
refreshment.  _Crane  objected,  and 
stated  as  his  reason,  that  there  were 
certain  men  among  them  that  he 
could  not  meet.  Wells  then  assent- 
ed to  go  where  Maddox's  friends  were 
stationed  in  the  woods,  who  were  also 
excluded  from  the  field ;  when  about 
halfway,  they  were  met  by  the  friends 
of  Wells,  viz:  Mr.  James  Bowie, 
general  Cuny,  and  T.  J.,Wells.  Gen- 
eral Cuny  on  meeting  them  observed 
to  colonel  Crane,  that  it  was  a  good 
time  to  settle  their  difference.  Crane 
had  a  pistol  in  each  hand,  which  he 
was  carrying  to  the  woods — he  im- 
mediately put  himself  in  an  attitude 
of  defence.  He  observed  Bowie  with 
'  a  drawn  pistol,  he  therefore  shot  him 


MISSISSIPPI. 


[149 


first,  wheeled  round  and  shot  Cuny. 
Bowie  did  not  fall,  but  Cuny  did,  and 
expired  in  about  15  minutes.     Bowie 
exclaimed,  Crane  you  have  shot  me, 
and  I  will  kill  you  if  I  can.    They 
both  fired    simultaneously — Bowie's 
fire  was  without  effect.    After  Bowie 
made  the  above  declaration  to  Crane, 
he  drew  a  large  butcher-knife  and  en- 
deavoured to  put  his  threat  in  exe- 
cution, but  was  prevented  by  a  blow 
from  Crane,  with  the  butt  of  his  pistol, 
which  brought  him  to  his  knees :  be- 
fore he  recovered,  Crane  got  out  of 
his  way.     Bowie  then  discovered  ma- 
jor Wright,  who  had  arrived  from  the 
woods  at  the  scene  of  action,  in  com- 
pany with  the  two  Blanchards.  Bowie 
exclaimed  to  Wright,  you  d — d  rascal, 
don't  you  shoot.     Wright  observed, 
that  he  was  not  afraid  of  him,  and 
levelled  his  pistol — they  both  fired : 
Bowie's  shot  struck  Wright  in  the 
side,    which    went    throught    him; 
Wright's  fire  was  without  effect — it 
struck  a  snag  that  Bowie  was  behind. 
After  firing,  they  both  advanced  on 
each  other,  Wright  with  a  sword  cane, 
and  Bowie  with  a  large  butcher-knife. 
Bowie  stabbed  Wright  through  the 
arm  in  two  places,  he  then  left  him 
and  went  to  Alfred  Blanchard — made 
three    stabs    at  him,    one  of  which 
struck  him  in  the  left  side ;  he  then 
left    Blanchard    and    returned     to 
Wright,  and  gave  him  a  stab  in  the 
breast,  which  went  to  his  heart ;  he 
died  instantly.     Bowie  was  fired  at 
twice   by  Alfred,   and   once  by  C. 
H.   Blanchard,  when  engaged  with 
Wright,  and  once  when  engaged  with 
A.   Blanchard.     One    of  the    shots 
struck  him  in  the  thigh,  which  brought 
him  down ;  he  fell  a  short  distance 
from  Wright.  A.  Blanchard  was  shot 


through  the  arm  by  T.  J.  Wells. — 
Major  McWorter  took  a  deliberate 
shot  at  C.  H.  Blanchard,  seven  or  - 
eight  paces  distant,  but  it  was  with- 
out effect.  The  only  injury  Bowie 
received  from  Wright,  was  one  or 
two  slight  wounds  with  a  sword  cane. 

1827. Gerard  C.  Brandon,  was 

elected    governor,    and    Abram    M. 
Scott,  lieutenant  governor. 

Many  complaints  have  been  made 
in  this  state,  that  droves  of  slaves, 
"negroes  and  vagabonds,"  from  the 
jails  and  penitentiaries  of  Maryland 
and  Virginia  are  introduced  into  this 
state.  There  is  no  doubt  but  that 
the  very  worst  of  the  coloured  popula- 
tion has  long  been  passing  to  the 
south-west. 

1828. — Sept. — Thomas  Hinds,  was 
elected  representative  to  congress. 
The  votes  were  for  Hinds,  4,566; 
Dickson,  2,496;  Hail,  1,407,  and 
Birgaman,  1,930. 

1829. February.— Thomas   B. 

Reed  was  elected  a  senator  in  con- 
gress, for  the  state  of  Mississippi,  for 
six  years  from  the  third  of  March 
next,  in  the  place  of  Thomas  H. 
Williams,  who  declined  a  re-election. 
STATISTICS. 

AREA.  ACRES. 

Extent  of  the  "  Old  Natchez  Dis- 
trict," the  title  to  which  was  ex- 
tinguished previous  to  the  acqui- 
sition of  the  territory  of  the  United 
States,  2,031,000 

Acquired  since  of  the  Indians,  by 
treaty,  12,475,000 

Still  claimed  by  the  Choctaws  and 
Chickasaws,  15,700,000 

Total  area  of  the  state  in  acres,        30,206,800 

In  square  miles,  45,760 

Greatest  length,  in  miles,  339 

Greatest  breadth  do.  150 

It  will  be  perceived  by  the  above,  that  more 

than  one  half  of  the  lands  of  the  state  is  still  in 

possession  of  the  Indians ;  and,  it  appears,  that 

nine  tenths  (in  round  numbers)  of  the  balance, 

still  belong  to  the  United  States. 


150) 


ANNUAL  REGISTER— 1827-8-9. 


LOUISIANA. 


July,  1828. — ELECTIONS — Mr.  Der- 
bigny  was  elected  governor  by  an 
overwhelming  majority ;  and  Messrs. 
White,  Gurley,  and  Overton,  were 
elected  members  of  congress.  The 
first,  by  a  majority  of  607  over  Mr. 
Livingston ;  the  second  by  a  majority 
of  44,  and  the  third  by  a  majority  of 
229  over  Mr.  Brent. 

November. — The  Jackson  electo- 
ral ticket  succeeded  by  a  majority  of 
527  votes.  In  New  Orleans  the  votes 
were  747  for  Jackson,  and  665  for 
Adams. 

SUGAR  AND  MOLASSES. — The  fol- 
lowing table,  prepared  by  an  individ- 
ual who  visited  personally  every  su- 
gar plantation  in  the  state,  exhibits 
the  amount  of  sugar  and  molasses 
made  in  the  several  parishes  in  1828 : 


Parishes. 
Point  Coupee, 
West  Baton  Rouge, 
East  Baton  Rouge, 
Iberville, 
Ascension, 
St.  James, 
St.  John  the  Baptist, 
St.  Charles, 
Jefferson, 
Orleans, 
St.  Bernard, 
Plaquemines, 
Attakapas  and  Opelousas, 
Bayou  Lafourche, 
Barataria, 

Total 


Hhds.  Hhds. 

Sugar.  Jttolas. 

535  243 

883  420 

558  260 

2,249  998 

6,576  3,055 

8,278  3,633 

9,000  3,851 

15,717  7,309 

12,696  5,918 

2,787  1,164 

7,656  8,614 

7,692  3,354 

6,515  2,814 

5,913  2,757 

1,010  485 


87,965     39,874 

The  most  extensive  plantation  in 
the  state  is  that  which  belongs  to 
General  Wade  Hampton,  there  having 
been  produced  upon  it  during  the  year 
1,640  hhds.  ot  sugar,  and  750  hhds.  of 
molasses.  The  next  largest  amount 
produced  was  999  hhds.  sugar,  and 
415  hhds.  molasses,  on  the  estate  of 
Mr.  Labranche,  ten  miles  above  New 
Orleans.  Several  other  estates  pro- 
duced upwards  of  900  hhds.  of  sugar. 

July,  1828. — The  militia  amounted, 
according  to  returns  received  at  the 
department,  of  war.  to  12.274. 


February,  1829. — Edward  Livings- 
ton was  elected  a  United  States  sena- 
tor at  the  5th  balloting. 

The  following  was  the  state  of  the 
vote  on  each : 

First  ballot.     2d      3d     4th     5th 
Livingston,  20       27      29      29         32 

Bouligny,  17       16      15       9         12 

Johnson,  15       16      15     21         15 

Butler,  .  722—         — 

Bowie,  211—        — 

Blank  votes,  1      —     —       3          3 

LEGISLATURE. — The  house  of  re- 
presentatives of  this  state  consisted  of 
50  members — of  whom  26  were  "  Cre- 
oles," or  natives — 4  each  natives  of 
S.  Carolina,  Kentucky,  Virginia,  and 
France,  2  each  of  Mississippi,  New 
York,  and  Georgia — 1  each  of  Mary- 
land and  Bahama  islands.  Of  whom 
32  are  planters,  12  lawyers,  3  mer- 
chants, 1  reg.  of  mortgages,  1  physi- 
cian, and  1  of  no  profession  or  busi- 
ness. 

SLAVES. — There  was  a  rising  of 
the  slaves  on  certain  plantations  about 
40  miles  from  New  Orleans,  "  up  the 
coast."  It  created  a  general  alarm, 
but  was  speedily  suppressed,  and  two 
of  the  ringleaders  hung. 

1828.— NEW  ORLEANS.— Mr.  Rof- 
finac,  mayor  of  the  city,  on  the  expi- 
ration of  his  term  of  office,  addressed 
a  memoir  to  his  constituents,  on  the 
affairs  and  prospects  of  that  capital. 

The  population,  depending  on  the 
commerce  of  the  southwestern  states, 
had  doubled  in  every  ten  years  since 
1794.  The  shipping  had  increased 
from  144,179  tons  in  October,  1822 ; 
to  204,460  in  October,  1827.  The 
city  debt  was  then  $253,600,  and  the 
expenses  171,000;  and  the  revenue 
200,379,  from  119,000  in  1820.  The 
improvements  in  the  city  have  amount- 
ed, by  an  account  rendered  in  1825, 
and  since  that  time,  to  $855,437,  and 
their  further  prosecution,  in  streets, 
roads,  canals,  &c.,  was  strongly  re- 
commended. 


LOUISIANA. 


'I 

H) 

W       g 

B  i 


1  I 
«  I 


02     O 


a  * 


psasa 

of     •«•  W 


... 

J«  M  C*  -^  -* 

n         ta 


«"  '  S  a 
T3      3  "> 

3  'w 


Bales  cotton. 

The  stock  on  hand,  June  5,  1829  was    80,186 
1828  26,332 

1827  69,109 

1826  59,031 

1824  (only)  13,375 

Exports  of  sugar  and  molasses, from 
the  port  ofrfeio  Orleans,  commen- 


cing  1st  October,  1827,  and  end- 
ing 2ttth  September,  1828. 


Whither  exported. 

SUGAR. 
hhda.     bbls. 

MOLASSES. 

hlids.    bbls. 

New  York, 

16,347 

95 

9,116 

922 

Philadelphia, 

9,084 

877 

1,567 

316 

Charleston,  S.  C. 

2,376 

82 

669 

86 

Savannah, 

754 

59 

579 

112 

Providence,  R.  I. 

283 

4 

892 

91 

Boston, 

4,228 

83 

1,928 

36-2 

Baltimore, 

4,139 

348 

1,069 

383 

Norfolk, 

1,005 

48 

379 

74 

Wilmington,  N.  C. 

80 

— 

70 

— 

New  Haven, 

_ 

__ 

450 

___ 

Richmond,  Va. 

410 

— 

270 

— 

Bristol,  R.  L 

57 

60 

1,051 

110 

Alexandria,  D.  C. 

230 

100 

50 

5 

Portland,  $le. 

30 

— 

209 

40 

Newburyport, 

20 

— 

— 

— 

Newport,  R.  I. 

20 

— 

130 

4 

Total,    39,063  1756      18,429  2505 

Exports  of  sugar  from  the  30th  Sep- 
tember, 1828,  to  June  5, 1829—53,382 
hhds.  and  1867  bbls.  and  20,276  hhds. 
and  7500  bbls  molasses.  Nearly  one 
half  of  the  whole  quantity  of  both  arti- 
cles to  New  York — 9974  hhds.  of  su- 
gar, and  1828  of  molasses  to  Phila- 
delphia, and  7702  of  sugar  and  1612 
of  molasses  to  Baltimore ;  and  of  both, 
in  lesser  quantities  to  Boston,  and 
other  of  the  Atlantic  ports. 

Arrivals  of  tobacco,  for  same  pe- 
riod: 


21,588  hhds 


To  5th  June,  1829 


1827  28,883 

1826  17,059 

The  sugar  exported  in  the  present 
season  was  about  53  or  54  millions  of 
pounds,  and  the  molasses  were  more 
than  two  millions  of  gallons — the  du- 
ties on  which,  if  imported,  would  hava 
amounted  to  $1,800,000. 

February. — The  government  house 
and  other  valuable  buildings,  were  de- 
stroyed by  fire  on  the  night  of  the  2d 
ult.  The  archives  of  the  state,  and 
the  books  and  papers  of  the  treasu- 
rer's office,  &c.,  were  mostly  saved; 
but  the  city  library  completely  de- 
stroyed. It  was  supposed  that  this 
was  the  act  of  an  incendiary,  combusti- 
bles and  trains  having  been  discovered 
in  many  houses. 

Several  persons  perished  in  this  * 
fire,  and  the  loss  of  property  was  esti- 
mated at  between  250  and  300,000 
dollars.    Some  persons  supposed  tf> 


152] 


ANNUAL  REGISTER— 1827-8-9. 


be  incendiaries,  were  arrested,  and 
one  of  them  turned  state's  evidence, 
and  disclosed  all  the  plans  of  his  as- 
sociates. 

March,  1829. — An  ordinance  was 
passed  by  the  city  council,  prohibi- 
ting the  exposition  for  sale  in  the  cen- 
tre of  the  city  of  slaves  imported  from 
Maryland,  Virginia,  and  Carolinas. 

May. — This  month  the  governor 
of  Louisiana,  issued  an  order  prohibi- 
ting the  state  convicts  under  sen- 
tence of  hard  labour,  and  confined  in 
the  state  prison,  from  being  employed 
in  repairing  the  streets  of  the  city. 
This  order  brought  on  a  correspon- 
dence with  the  city  authorities  which 
resulted  in  its  suspension.  This  prac- 
tice had  existed  in  that  city  many  years, 
and  the  late  prohibition  was  supposed 
to  have  been  occasioned  by  a  wish  on 
the  part  of  the  governor  to  screen  a 
man  named  Gayarre,  a  member  of  an 


extensive  and  influential  family,  con- 
victed of  murder,  in  taking  the  life 
of  his  mother-in-law.  The  gover- 
nor's first  order  created  great  excite- 
ment in  the  city,  and  his  retraction 
of  it  was,  perhaps,  owing  to  that  cir- 
cumstance. 

July,  1829. — One  vessel  arrived  at 
New  Orleans,  with  passengers  from 
Mexico,  brought  also  from  800,000  to 
1,000,000  dollars,  in  specie.  This 
was  one  of  the  effects  of  the  edict  for 
expelling  the  old  Spaniards. 

The  number  of  old  Spaniards  in 
the  city  of  New  Orleans,  who  have 
left  Mexico  in  consequence  of  the  late 
act  of  expulsion,  was  this  month  es- 
timated at  more  than  two  thousand  I 
TheNew  Orleans  Advertiser  states 
that  many  of  them  were  in  a  state  of 
affluence,  while  others  suffered  much 
from  poverty. 


TENNESSEE. 


August,  1827. — ELECTIONS. — Sa- 
muel Houston  was  elected  governor, 
by  about  10,090  votes  over  his  com- 
petitor, Newton  Cannon. 

October. — LEGISLATURE. — On  the 
19th  of  this  month,  Mr.  Brown  intro- 
duced the  following  resolutions,  which 
were  read  and  passed  : 

"  Resolved,  by  the  general  assem- 
bly of  the  state  of  Tennessee,  That 
the  constitution  of  the  United  States 
should  be  so  amended  as  to  give  the 
election  of  president  and  vice-presi- 
dent directly  and  conclusively  to  the 
people,  preserving  the  present  rela- 
tive weight  of  the  several  states  in 
the  election. 

Resolved,  That  the  measures  of 
the  present  administration  of  the 
general  government  are  injurious  to 
the  interests,  and  dangerous  to  the 
liberties  of  the  country. 

Resolved,  That  the  surest  remedy 
of  these  evils,  now  in  the  power  of 
the  people,  is  the  election  of  Andrew 
Jackson  to  the  chief  magistracy  of 
this  union." 


At  this  session  of  the  Legislature 
Hugh  L.  White  was  elected  a  sena- 
tor in  congress,  for  six  years,  from 
the  fourth  of  March,  1829. 

This  re-appointment  of  Mr.  White 
to  the  senate  of  the  United  States, 
the  period  of  his  present  service  not 
expiring  until  4th  of  March,  1829, 
was  pretty  severely  opposed  in  the 
senate.  It  was  justified  on  the  ground, 
that  as  the  legislative  body  would, 
after  its  adjournment,  not  be  again  in 
session  until  September,  1829,  (meet- 
ing only  biennially,)  that  it  was  pro- 
per to  provide  for  the  vacancy  which 
would  occur  after  the  4th  of  March  of 
that  year;  but  the  proposition  was 
opposed  because  that  congress  would 
not  be  in  session  in  the  interval,  and 
that  an  appointment  made  in  Septem- 
ber, 1829,  would  be  in  season  for  the 
opening  of  congress,  in  1829. 

CURIOUS  CHANGE  OF  NAMES. — The 
following  singular  application  was 
made  to  the  legislature  of  Tennessee 
at  this  session : 

"  Mr.  M'Gabee  introduced  a  bill  to 


KENTUCKY. 


[153 


alter  the  name  of  Susannah  Creraer 
to  William  Cremer,  which  was 
read  the  first  time  and  passed. — 
"[The  petitioner  had  been  considered 
a  woman,  and  had  worn  female 
clothes  upwards  of  20  years,  and  had 
borne  a  female  name.  In  1825,  pe- 
itioner  changed  his  habits,  went 
to  Virginia,  married  a  wife,  and  is 
now  living  in  Green  county.] 

November. — BANKS. — The  bank  of 
the  state  of  Tennessee,  located  at 
Nashville,  appeared  by  a  report  made 
to  the  legislature,  to  possess  an 
available  capital  of  $573,453,  besides 
depositee ;  and  its  paper  actually  out, 
the  accommodation  notes  done. by  it, 
and  the  debts  which  it  owes,  amount 
to  $589,745.  Its  available  capital, 
chiefly  arising  from  the  sale  of  lands, 
is  constantly  increasing. 

June,  1828. — HURRICANE — Great 
ravages  were  made  by  a  hurricane  in 
Smith  county,  Tennessee,  on  the 
night  of  the  29th  ult.  Its  course  was 
from  west  to  east,  and  it  swept  from 
the  face  of  the  earth  every  thing  be- 
fore it.  The  crops  of  corn  and  cot- 
ton were  much  injured,  many  houses 
were  blown  down,  but  no  lives  lost. 

December. — The  total  number  of 
votes  taken  at  the  late  election  of  elec- 
tors, in  the  state  of  Tennessee  was, 
for  Gen.  Jackson,  44,293 — for  Mr. 
Adams,  2,240.  In  several  of  the  dis- 
ricts  not  a  vote  was  given  for  any  but 
the  Jackson  candidate. 

April,  1829.— On  the  16th  of  this 
month  governor  Houston  resigned  the 
office  of  governor  of  the  state.  Ac- 
cording to  the  constitution  of  Ten- 
nessee, in  case  of  the  death  or  resig- 
nation of  the  governor,  the  speaker 


of  the  senate  succeeds  him.  Accord- 
ingly, William  Hall,  speaker  of  the 
senate,  took  the  oath  of  office  on  the 
same  day,  and  became  governor. 

May  30^/j. — NASHVILLE. — An  ar- 
ticle in  the  last  Nashville  Republican, 
illustrates,  in  a  remarkable  manner, 
the  progressive  improvement  and 
prosperity  of  that  town.  In  1809  a 
solitary  barge  of  60  tons,  and  thirty- 
five  men,  wound  its  "  laborious  way" 
up  the  Cumberland  river,  and  arrived 
at  that  place,  to  the  joy  and  astonish- 
ment of  the  inhabitants.  The  people 
flocked  from  all  the  adjacent  parts  of 
the  country,  to  see  "the  barge." 
The  important  event  was  formally  an- 
nounced in  the  newspapers,  and  the 
whole  country  rang  with  the  intelli- 
gence. There  are  now  ten  steam 
boats,  some  of  them  of  the  largest 
class,  employed  in  the  Nashville 
trade.  In  1809  there  was  but  one 
dray  in  the  town.  They  have  now 
sixty. 

July  \th. — On  this  day  the  secreta- 
ry of  state  presented  to  William  Car- 
roll a  sword,  in  pursuance  of  a  reso- 
lution of  the  legislature,  adopted  at 
the  session  of  1826,  on  account  of 
the  high  respect  entertained  for  his 
military  services.  The  sword  was 
completely  mounted  with  gold,  finely 
wrought ;  and  the  inscriptions  on  the 
blade  were  executed  with  equal  dis- 
tinctness and  elegance.  On  one  side 
were  the  words — "  Presented  by  the 
state  of  Tennessee  to  major  general 
Carroll,  as  a  testimony  of  high  re- 
spect for  his  services."  On  the 
other — "  New  Orleans,  8th  of  Janu- 
ary, 1815.  Talhadega,  Emuckfaw, 
Enotorkopco,  and  Tehopeka." 


KENTUCKY. 


July,  1827. — The  state  was  visited 
with  a  destructive  storm.  It  com- 
menced raging  about  8  P.  M.  and 
continued  till  4  or  5  in  the  morning. 
In  Lexington,  the  water  formed  a  per- 
fect river  in  the  streets,  and  the  da- 
mage, in  this  town  alone,  was  esti- 
mated from  8,000  to  10,000  dol- 

VOL.  III. 


lars.  The  Kentucky  river,  it  is  said, 
rose  thirty  feet  perpendicularly,  in 
the  course  of  three  or  four  hours,  and 
every  mill-dam  and  bridge,  for  many 
miles  around,  were  swept  off. 

December. — The  legislature  con- 
vened, and  Mr.  John  Speed  Smith 
was  elected  speaker  of  the  house 


ANNUAL  REGISTER— 1827-8-9. 


of  representatives.  Messrs.  Black- 
burn and  /Ward  had  each  47  votes  ; 
and  then  again  48  votes.  Seven  or 
eight  ballotings  were  had,  with  the 
same  result.  Mr.  Ward  was  then 
withdrawn,  and  Mr.  Smith  named, 
and  the  ballot  stood  48  to  48.  An 
additional  member  having  arrived,  de- 
cided the  choice,  in  favor  of  Mr. 
Smith,  an  opponent  of  the  admini- 
stration. 

The  legislature,  at  this  session, 
passed  a  law,  both  parties  concurring, 
to  substitute  a  general  ticket,  for  the 
district  system,  in  choosing  presiden- 
tial electors. 

Messrs.  Chilton  and  Calhoun,  who 
had  been  opposing  candidates  for  a 
seat  in  congress,  both  resigned  their 
claims  to  the  seat,  and  agreed  to  try 
the  result  of  another  election,  at 
which  Mr.  Chilton  was  elected. 

August,  1828. — Thomas  Metcalfe, 
a  friend  of  the  federal  administra- 
tion, was  elected  governor  of  the 
state,  by  a  majority  of  709  votes. 
The  votes  were,  for  Metcalfe,  38,940, 
for  William  TV  Barry,  38,231.  Mr. 
Breathitt,  an  opponent  of  the  admin- 
istration, was  elected  lieut.  governor, 
by  a  majority  of  1087  votes,  over  Mr. 
Underwood  his  competitor. 

LOUISVILLE. — During  1828,  4,100 
hhds.  of  sugar,  and  8,500  bbls.  or 
bags  of  coffee,  were  received  at  this 
inland  port,  worth,  together,  about 
$600,000.  Such  was  the  reduced  cost 
of  freight,  from  competition,  that  su- 
gar, coffee,  and  tea,  and  groceries  in 
general,  had  a  small  advance  only, 
over  their  prices  in  New.  Orleans,  Phi- 
ladelphia, and  Baltimore.  Good  sugar 
of  the  new  crop,  sold  at  Louisville 
for  7£  to  7^  cents  per  Ib.  by  the  sin- 
gle barrel.  In  1825-6,  2,050  hhds.  of 
tobacco  were  deposited  at  Louisville, 
4,354  in  1826-7,  and  4,075  in  1827-8. 

By  the  4th  annual  report  of  the 
president  and  directors  of  the  Louis- 
ville and  Portland  canal  company,  it 
appears,  that  about  $200,000  were 
expended  on  this  great  work  during 
the  past  year — in  all  384,071  ;  and  to 
complete  the  canal  will  cost  246,642 
more.  The  canal  will  be  only  two 


miles  in  length,  but  being  intended 
for  the  passage  of  the  largest  class  of" 
steamboats,  the  locks  are  of  an  enor- 
mous size.  The  guard  lock  at  the 
head  of  the  three  combined  lift-locks, 
being  210  feet  long,  50  wide,  and  42 
deep  ;  the  lift-locks  are  of  the  same 
length  and  width,  20  feet  high,  and 
with  a  lift  of  9  feet  each.  Most  of 
this  canal  is  made  through  hard  and 
solid  rock.  The  arrivals  of  steam- 
boats'at  Louisville,  were  267  arrivals, 
and  48,744  tons  in  1827  ;  and  in  1828, 
about  60,000.  The  canal  at  Louis- 
ville, will  overcome  the  principal  diffi- 
culty in  the  navigation  of  the  Ohio. 

December,  1828.— A  bill  passed  the 
legislature,  at  this  session,  in  relation 
to  duelling,  changing  the  existing  law 
in  some  respects.  It  makes  it  perju- 
ry for  any  person  holding  an  office, 
having  taken  the  oath  prescribed,  to 
give,  accept,  or  carry  a  challenge, 
without  first  resigning  his  office  ;  or, 
if  an  attorney,  entering  a  record  of 
his  withdrawal  from  practice. 

KENTUCKY  STOCK. — The  follow- 
ing is  an  estimate  of  the  stock  which 
passed  the  turnpike  gate,  at  the  Cum- 
berland Gap,  in  1828 : 

Horses  for  market,  3412  $307,080 

Mules,  3228  224,970 

Hoga,  97455  584,730 

Sheep,  2141  4282 

Stall-fed  beef  cattle,  1525  45750 

Probable  value,  $1,167,302 

William  Owsley  and  Benjamin 
Mills,  the  associate  judges  of  the 
court  of  appeals,  having  resigned 
their  offices,  but  being  willing  to 
resume  them,  if  re-appointed,  go- 
vernor Metcalfe  re-nominated  them  to 
the  senate,  on  the  8th  inst.  The  nomi- 
nations were  rejected  on  the  same 
day,  by  a  vote  of  20  to  18,  which,  it 
appears,  was  a  party  vote,  every  mem- 
ber of  each  party  going  the  whole. 

CONVENTION. — A  bill  proposing  a 
convention,  was  rejected  in  the  same 
body,  by  a  vote  of  21  to  17. 

KENTUCKY-  STATE  SOCIETY. — A 
large  number  of  citizens  of  Kentucky, 
embracing  many  members  of  the  le- 
gislature, met  in  the  senate  chamber, 
at  Frankfort,  on  the  30th  ult.  to  take 


KENTUCKY. 


[155 


mto  consideration  the  propriety  of 
forming  a  state  society,  auxiliary  to 
the  American  Colonization  Society  ; 
Mr.  Quarles,  speaker  of  the  house  of 
delegates,  in  the  chair. 

Several  gentlemen  addressed  the 
meeting,  explanatory  of  the  origin, 
objects,  and  prospects  of  the  society  ; 
when,  on  motion  of  Mr.  John  Pope, 
the  following  resolution  was  adopted : 

Resolved,  That  in  the  opinion  of 
this  meeting,  the  objects  of  the  Ame- 
rican colonization  society  are  such,  as 
must  be  approved  by  humanity,  and 
an  enlightened  patriotism ;  that  its 
scheme  is  one  calculated  to  relieve 
the  citizens  of  this  commonwealth 
from  the  serious  inconveniences  re- 
sulting from  the  existence  among 
them  of  a  rapidly  increasing  number 
of  free  persons  of  colour,  who  are 
not  subject  to  the  restraints  of  slave- 
ry, and  that,  for  these  reasons,  it  is 
desirable  that  an  auxiliary  state  so- 
ciety be  formed  in  Kentucky,  to  co- 
operate with  the  parent  society  at 
Washington,  and  that  a  committee  of 
five  be  now  appointed,  to  draft  a  con- 
stitution, which  shall  be  submitted  to 
a  general  meeting,  to  be  held  in  the 
Methodist  meeting  house,  in  this 
town,  on  Friday,  the  9th  of  January 
next,  at  3  o'clock,  P.  M. 

Messrs.  John  Pope,  Daniel  Mayes, 
Adam  Beatty,  James  W.  Denny,  and 
Samuel  Daviess,  were  appointed  a 
committee,  pursuant  to  said  resolu- 
tion, and  the  meeting  adjourned. 

January,  1829. — George  M.  Bibb 
was  appointed  a  senator  of  the  Uni- 
ted States  from  the  state  of  Kentucky, 
to  succeed  R.  M.  Johnson,  whose 
present  term  of  service  expired  on 
the  3d  day  of  March  1829.  Mr.  John- 
son was  not  in  nomination.  -The  op- 
posing candidate  was  Burr  Harrison  ; 
and  the  vote  between  them  in  joint 
meeting  of  both  branches  of  the  legis- 
lature, gave  83  votes  to  Mr.  Bibb,  and 
50  votes  to  Mr.  Harrison. 

Mr.  Bibb  had  been  chief  justice  of 
the  state,  which  office  he  resigned  on 
the  morning  previous  to  his  election 
as  senator. 

George  Robertson  and  Joseph  R. 


Underwood  were  appointed  associate 
judges  of  the  court  of  appeals.  As 
the  chief  justice  (Mr.  Bibb)  was  cho- 
sen a  senator  of  the  United  States, 
the  whole  bench  was  re-organized. 

Thomas  T.  Crittenden  was  appoint- 
ed secretary  of  the  commonwealth,  in 
the  place  of  Mr.  Robertson  appointed 
judge. 

The  legislature  adjourned  on  the 
last  Thursday  of  January.  Previous 
to  the  adjournment,  the  governor  no- 
minated Joseph  R.  Underwood  to  fill 
the  office  of  chief  justice,  the  senate 
however  refused  to  consider  it  by  a 
vote  of  21  to  16,  consequently  the 
state  was  left  without  a  chief  justice 
till  the  next  session  of  the  legislature. 

March. — PETROLEUM. — In  boring 
through  rocks,  in  Cumberland  county, 
for  salt  water,  a  fountain  of  petrole- 
um or  volatile  oil  was ;  struck  at  tthe 
depth  of  about  180  feet!  When  the 
auger  was  withdrawn,  the  oil  rushed 
up  12  or  14  feet  above  the  surface  of 
the  earth,  and  it  was  estimated  that 
about  75  gallons  were  discharged  per 
minute,  forming  quite  a  bold  stream 
from  the  place  to  the  Cumberland  ri- 
ver, into  which  it  discharged  itself. 
Falling  into  Cnmberland  river,  the 
volatile  oil  covered  a  considerable 
portion  of  the  surface  of  the  stream 
for  many  miles  below. 

British  oil,  which  is  extensively 
used  as  a  medicine,  is  manufactured  of 
petroleum. 

SALT. — In  the  same  neighbourhood 
in  which  this  fountain  of  petroleum  has 
been  discovered,  Dr.  John  Croghan 
succeeded,  by  boring,  in  obtaining 
an  abundant  supply  of  salt  water, 
at  a  depth  of  more  than  200  feet, 
which  rose  about  25  feet  above 
the  ordinary  level  of  the  Cumberland 
river.  The  works,  it  is  said,  will  prove 
highly  beneficial  to  the  surrounding 
country,  and  profitable  to  the  enterpri- 
sing proprietor. 

May. — The  Transylvania  univer- 
sity, at  Lexington,  was  destroyed  by 
fire  on  the  night  of  the  9th  inst.,  with 
the  whole  of  its  law  library,  and  about 
one  half  of  the  academical  library. 
The  smaller  buildings  adjacent  were 


156] 


ANNUAL   REGISTER— 1827-8-9. 


saved.  There  was  an  insurance  on 
the  property  to  the  amount  of  10,000 
dollars.  The  buildings  attached  to 
the  university,  and  which  were  not 
burnt,  were  sufficient  for  the  accom- 
modation of  the  students  till  the 
erection  of  the  principal  building,  and 


to  effect  which,  measures  were  imme- 
diately taken.  The  first  cost  of  the 
building  destroyed  was  $29,000 — on 
which  10,000  were  insured ;  and  the 
loss  of  books  and  other  property  is 
estimated  at  from  8  to  10,000  dollars. 


OHIO. 


1827. — CENSUS. — It  appears,  from 
a  recent  census  of  the  state  of  Ohio, 
that  the  whole  number  of  white  male 
inhabitants  above  the  age  of  twenty- 
one  years,  in  1827,  was  as  follows : 


In  1827 
1823 

Increase  in  four  years 


145,745 
124,624 

21,110  ' 


December. — TOBACCO. — Four  com- 
mercial houses  in  the  counties  of 
Muskingum,  Knox,  and  Licking,  in 
July  last,  sent  off  to  the  eastern  market 
about  1,600  hogsheads  of  tobacco, 
which  constituted,  however,  but  a 
part  of  that  raised  during  the  past  sea- 
son in  those  three  counties.  One 
thousand  of  these  were  sent  across 
the  mountains,  the  remainder  by  the 
lakes  and  Erie  canal  to  New  York, 
and  thence  to  Baltimore  ;  and  this  too 
at  a  less  expense  than  was  incurred 
for  that,  which  was  forwarded  direct 
to  that  city  by  the  way  of  Wheeling. 
The  quality  of  the  Ohio  tobacco  is 
such  as  to  command  for  it  a  fair  price 
that  fully  repays,  the  growers  of  that 
article.  It  has  been  stated,  that 
should  the  present  price  be  reduced 
25  per  cent,  the  raising  of  tobacco 
would  still  be  a  more  profitable  busi- 
ness in  Ohio  than  the  growing  of  bread 
stuffs,  at  the  prices  they  have  borne 
for  the  last  seven  years. 

IRON. — In  the  vicinity  of  Ports- 
mouth, there  are  nine  blast  furnaces, 
and  six  forges.  The  Ohio  iron  is  said 
to  be  of  the  best  quality,  and  the  ore 
is  "  exhaustless."  Each  furnace  em- 
ploys about  50  men,  besides  five  or 
six  strong  teams,  and  will  make  from 
5  to  700  tons  of  metal  a  year. 

LEGISLATURE. — The  legislature  of 
this  state  assembled  at  Columbus  on 


the  same  day  that  congress  met.  In 
the  senate,  thirty-three  members  be- 
ing present,  Mr.  Wheeler  a  friend  of 
Mr.  Adams'  adminintration  was  cho- 
sen speaker,  by  a  majority  of  eight 
votes.  In  the  house  of  representatives , 
sixty-nine  members  being  present, 
Edward  King,  was  chosen  speaker, 
by  a  majority  of  twelve  votes. 

The  legislature  consists  of  thirty- 
six  senators,  and  seventy-two  repre- 
sentatives, who  receive  each  three 
dollars  a  day.  It  was  mentioned  as  a 
gratifying  circumstance,  that  two 
members  of  this  legislature  were  na- 
tives of  the  state.  It  is  said  that  the 
whole  number  of  natives  of  the  state, 
who  had  been  members  of  the  legis- 
lature, was  six. 

Statistics  calculated  for  1828. 


Acres  of  land, 
Valued  at 
State  tax, 
County  tax, 
Road  tax, 
Township  tax, 
School  tax, 

Total  of  taxes, 


15,733  510  and 
$41,344  520 
$187,906  69 
$199,455  30 

$6,315  83 

33,910  08 


$498,481.51 


In  the  state  are  151,042  horses, 
valued  at  $5,644,300 ;  308,947  cattle, 
valued  at  $3,003,558 ;  and  160  car- 
riages, valued  at  $24,218. 

Merchants,  capital  in  the  state  is 
estimated  at  $3,492,755  cotton. 
Some  good  cotton  was  raised  in  Bel- 
mont  county  in  1827,  and  it  wae 
thought  the  cultivation  of  it  would 
become  extensive. 

January,  1828. — HIGH  WATERS. — 
The  Ohio,  within  this  month,  was  at 
several  points,  from  24  to  30  feet 
above  low  water  mark. 

February. The  legislature,  to 

whom  was  communicated  the  resolu- 


OHIO. 


[157 


tioas  of  the  state  of  South  Carolina, 
denying  to  the  general  government 
the  power  to  appropriate  money  for 
roads,  canals,  &c.,  or  to  lay  duties  to 
protect  American  manufactures,  pass- 
ed resolutions,  which  were  laid 
before  congress,  and  transmitted  to 
the  governors  of  the  several  states* 
expressive  of  their  solemn  dissent  to 
the  doctrines  contained  in  those  re- 
solutions. 

September. — ELECTIONS. — Allen 
Trimble  was  elected  governor.  The 
votes  were  for  Trimble  53,981,  and 
for  J.  W.  Campbell  51,861 

REPRESENTATIVES  TO  CONGRESS. 
— The  following  gentlemen  were 
elected:  Mordecai  Bartley,  Joseph 
H.  Crane,  William  Creighton,  James 
Findlay,  John  M.  Goodenow,  Wil- 
liam W.  Irwin,  William  Kennon, 
William  Russell,  William  Stanbery, 
James  Shields,  John  Thompson,  Jo- 
seph Vance,  Samuel  F.  Vinton,  and 
Elisha  Whittlesey. 

December. — The  official  returns  of 
the  votes  for  presidential  electors, 
show  thfe  following  result : 

For  the  Jackson  electors,  67,596 

Adams,  63,456 

Jackson  majority,  4,140 

SENATOR. — Jacob  Burnett,  esq. 
one  of  the  judges  of  the  supreme  court 
of  the  state,  was  elected  a  senator  of 
the  United  States,  in  the  place  of  gen. 
Harrison,  resigned.  The  vote  was 
for  Mr.  Burnett  (ad.)  56,  John  W. 
Campbell  (J.)  50,  and  2  scattering. 
It  appears  that  the  minority  in  the 
senate,  by  absenting  themselves,  de- 
feated the  election  of  the  senator  at 
the  time  first  appointed  to  make  a 
choice. 

January,  1829. — OHIO  MILITIA — 

The  last  returns  of  the  militia  of  the 
state  of  Ohio,  exhibit  the  following 
respectable  aggregates  : 

84,164 
5,755 


Infantry  and  grenadiers, 
Light  infantry, 


Riflemen, 

Cavalry, 

Artillery, 


Total, 


15,434 
4,238 
2,192 

111,783 


INTERNAL    TRADE. — There   were 


437  arrivals  of  vessels  at  the  port  of 
Sanduaky,  (located  in  the  wilderness 
during  the  late  war,)  during  the  last 
year,  and  1623  wagons  were  loaded 
there  with  goods  for  different  parts 
of  the  interior  of  Ohio,  and  other 
western  and  southwestern  states. 
Vast  supplies  from  New  York  are  dis- 
tributed from  this  depot. 

February. — Joshua  Collet  was  elect- 
ed supreme  judge  of  the  state  court, 
in  the  place  of  judge  Burnet,  resigned, 
and  George  B.  Holt  elected  president 
judge  of  the  first  judicial  court,  in  the 
room  of  Mr,  Crane,  resigned. 

May. — DEBATE. — .A  debate,  be- 
tween the  celebrated  Mr.  Owen  and 
the  rev.  Mr.  Campbell,  originating  in 
a  public  challenge,  given  by  one  par- 
ty and  accepted  by  the  other,  began  on 
the  13th  inst.,  and  lasted  nine  days  ; 
ending,  as  might  have  been  expected, 
where  it  begun.  The  audience,  each 
day,  is  said  to  have  comprised  twelve 
hundred  persons,  many  of  whom 
were  non-residents  of  the  town,  at- 
tracted thither  by  curiosity,  to  hear 
the  debate.  According  to  the  Cincin- 
nati Chronicle,  Mr.  Owen  got  much 
the  worst  of  the  debate. 

July. — George  Swan  was  appoint- 
ed a  judge  of  the  supreme  court  of 
the  state  of  Ohio,  to  succeed  C.  R. 
Sherman,  deceased ;  and  Frederick 
Grimke  was  appointed  to  the  seat  on 
the  bench,  vacated  by  the  promotion 
of  judge  Swan. 

CINCINNATI. — This  city  increases 
rapidly  in  wealth  and  population.  Du- 
ring the  year  1827  there  were  inspect- 
ed at  it  18,000  bbls.  of  whiskey, 
9,000  bbls.  of  flaxseed  oil,  and  58,554 
bbls.  of  flour  ;  and  it  is  estimated 
there  were  15,000  bbls.  not  inspected. 
On  the  7th  of  May,  1829,  it  was  visit- 
ed by  a  destructive  fire  ;  about  twenty 
houses  were  destroyed,  and  the  loss 
was  estimated  at  $50,000. 

TREASURY. — The  balance  in  the 
treasury,  on  the  15th  November,  1826, 
was  $62,746.58.9. 

The  amount  received  for  taxes  du- 
ring the  year  ending  15th  November, 
1827,  including  the  amount  received 
for  the  redemption  of  lands  sold  for 


158] 


ANNUAL  REGISTER— 1827-&-9. 


taxes,  is  $126,435.72.6,  making  a 
total  of  $189,182.31. 5;  of 'this  amount 
there  was  paid  for  the  redemption  of 
audited  bills,  drawn  in  favour  of  the 
Miami  and  Western  Reserve  road ; 
and  loaned  to  the  Ohio  canal  the 
sum  of  $134,707.39.2 ;  leaving  a  ba- 
lance of  revenue  in  the  treasury  of 
$54,474.92.3.  To  this,  add  the  ba- 
lance of  three  per  cent,  fund,  and  of 
the  United  States  school  fund,  and 
deduct  the  amount  of  the  expendi- 
tures, and  the  balance  in  the  treasury 
will  be  $57,223.65.2.  The  Ohio 
canal  was  SL-SO  indebted  to  the  state, 
for  money  loaned  in  the  sum  of 
$45,583.09. 

PENITENTIARY. — Ths  following  is 
an  exposition   of  the  affairs  of  the 
Ohio  penitentiary,  from  the  15th  Nov. 
1826,  to  the  15th  Nov.  1827, 'as  made 
by  the  auditor  of  the  state  : 
By  the  annual  report  ef  the  keeper 
of  the  penitentiary,  the  amount 
of  manufactured    articles,   ma- 
chinery, clothing,  and  raw  mate- 
rials, on  the  15th  November,  1826, 
was  5,077  72  0 

Machinery  on  hand,  at  same  time,    3,819  20  0 
Raw  materials,  provisions,  do.          3,672  74  0 
Horses,  wagon,  and  farming  uten- 
sils, do.  387  00  0 
Debts  due,  by  note  and  book  ac- 
counts, after  deducting  the  sum 
owing  by  the  institution,  on  the 
15th  November,  1826,                   11,344  73  0 
Wood  on  hand,  at  the  penitentiary, 

same  time,  25  00  0 

Cash  on  hand,      do.         do.  22  53  0 

The  amount  of  money  drawn  from 
the  treasury,  between  the  15th 
November,  1826,  and  the  15th  No- 
vember, 1827,  10,074  43  0 


The  amount  which  stands  charged 
to  the  keeper  of  the  penitentiary,  34,423  35  0 

The  following  items 
must  be  deducted,  to 
show  the  actual 
state  of  the  institu- 
tion, to  wit : 

The  amount  of  manu- 
factured articles,  on 
hand  the  15th  No- 
vember, 1827,  4,518  97  0 

Raw  materials,  do.  do.    2,733  06  0 

Machinery,       do.  do.    3,819  20  0 

Provisions  on  hand,  at 
same  time,  255  67  0 

Horses,  wagon,  do.  do.       295  50  0 

Amount  of  debts  due 
by  notes  and  book 
accounts,  alter  de- 
ducting the  sum  ow- 
ing by  the  institu- 
tion on  the  15th  No- 
vember last,  13,249  54  0 

Amount  of  labour  per- 


formed by  convicts 

on  the  canal,  3,049  90  0 

Spades,  shovels,  and 

wheelbarrows,  205  00  0 

Wood  delivered  at  the 

state  house,  245  56  0 

Wood  on  hand,  at  the 

penitentiary,  260  00  0 

Total  credit  of  the  institution,      28,632  40  » 

Balance  against  the  institution,  for 

1827,  5,790  95  0 

Making  the  total,  $34,423  35  0 

The  amount  of  money  in  the  hands 
of  the  keeper,  on  the  15th  No- 
vember, 1826,  22  53  0 

The  amount  of  money  received 
from  sales  of  manufactured  arti- 
cles, debts  due  the  institution, 
and  collected,  which  has  been 
charged  to  him  for  the  year  end- 
ing as  aforesaid,  2,962  25  3 

The  amount  drawn  from  the  trea- 
sury, for  the  last  year,  10,074  43  0 

Total  amount  of  money  in  the 
hands  of  the  keeper,  the  last 
year,  13,059  21  3 

Deduct  amount  drawn 
from  treasury,  10,074  43  0 

The  amount  expended 
by  the  keeper,  out 
of  the  sums  in  his 
bands,  collected  by 
him,  as  reported  by 
the  keeper,  2,984  78  3 

Total  cash  expended  by  the  keep- 
er, for  1827,  13,059213 

00,000  00  0 


CANALS. — The  state  has  been  vi- 
gorously engaged  during  the  last  two 
years  in  prosecuting  her  two  great 
works  of  internal  improvement.  These 
works  are  the  Ohio  state  canal,  in- 
tended to  open  a  communication  from 
Cleaveland  on  Lake  Erie  to  the  Ohio, 
at  the  mouth  of  Sciota,  length  306 
miles,  and  of  which  an  account  is  gi- 
ven in  the  Register  for  1825  and  1826; 
and  the  Miami  canal,  the  length  of 
which  is  estimated  at  265  miles,  and 
which  will  open  a  communication 
from  Cincinnati  to  the  Maumee,  near 
the  head  of  Lake  Erie.  To  assist  in 
accomplishing  these  works,  a 'dona- 
tion was  made  to  the  state  by  con- 
gress at  the  session  in  1827-28,  of 
about  800,000  acres  of  land,  which  at 
the  government  price  of  $1.25  per 
acre,  will  amount  to  one  million  of 
dollars.  From  the  report  of  the  board 
of  canal  commissioners,  which  was 
submitted  to  the  legislature  of  the 


OHIO. 


[159 


state,  «n  the  5th  of  January,  1828 ;  it 
appears  that  the  cost  of  that  part  of 
the  Ohio  canal  which  extends  from  the 
south  end  of  the  Licking  summit  level 
to  Cleaveland,  including  the  estima- 
ted cost  of  the  Tuscarawas  and  White 
Woman  feeders,  was  estimated  at 
$1,967,568.43.  The  total  value  of 
Work  actually  performed  on  the  Ohio 
canal  from  its  commencement  up  to 
the  1st  of  December,  1827,  estimated 
at  contract  prices,  was  $1,085,068, 
leaving  work  to  the  estimated  value 
of  $696,932  to  be  performed  to  finish 
that  part  of  the  canal  put  under  con- 
tract. There  had  been  paid  to  con- 
tractors up  to  the  same  date  the  sum 
of  $1,019,210.93;  requiring  the  esti- 
mated balance  of  $762,789.07  to  finish 
this  division  of  the  canal.  It  was  cal- 
culated by  the  commissioners  that 
work  had  been  actually  performed  on 
the  Ohio  canal,  previous  to  the  1st  of 
December,  1827,  equivalent  to  the 
completion  of  121  miles,  of  the  same 
average  cost  with  the  whole  line  that 
had  been  put  under  contract;  and  that 
this  work  would  have  finished  the  canal 
from  Cleaveland  tp  the  crossing  of 
the  Walhonding  river  had  it  been  ap- 
plied solely  to  that  part  of  the  line  ; 
and  although  the  season  of  1827  had 
been  peculiarly  unfavourable  to  the 
prosecution  of  the  work,  still  the  com- 
missioners confidently  expected,  that 
the  canal  from  the  lake  to  the  Lick- 
ing summit  would  be  ready  for  navi- 
gation as  early  as  the  spring  of  1829. 
Of  the  Miami  canal,  44  miles  had 
been  completed  during  the  past  season 
from  the  head  of  Main  street  in  Cin- 
cinnati to  the  mouth  of  the  Miami 
feeder.  Water  was  introduced  into 
it  about  the  first  of  July,  and,  after 
some  difficulty,  the  canal  was  filled 
with  water  to  a  natural  basin,  six 
miles  north  of  Cincinnati.  On  the_ 
28th  of  November  three  fine  boats, 


crowded  with  citizens,  left  the  basin, 
and  proceeded  to  Middletown.  The 
progress  of  the  boats  was  at  the  rate 
of  about  three  miles  an  hour.  On  the 
26th  of  May,  contracts  were  closed 
for  the  construction  of  the  remaining 
division  of  the  Miami  canal,  which  be- 
gins at  the  mouth  of  the  feeder,  from 
Miami  river,  and  terminates  in  a  dam 
in  Mad  river,  about  one  mile  abov6 
Dayton.  This  division,  to  the  dam, 
is  23  miles  and  28  chains  in  length, 
and  embraces  ten  locks,  one  aqueduct 
with  a  wooden  trunk,  three  of  heavy 
stone  arches,  with  embankments  ot 
earth  over  them,  and  a  dam  across 
the  Mad  river.  The  payments  made 
on  the  entire  line  within  the  year, 
ending  on  the  1st  of  December,  1827, 
amounted  to  $258,525.79,  which  with 
the  sum  of  $297,296.98  previously 
paid,  makes  the  total  amount  of  pay- 
ments to  contractors  on  this  canal, 
$555,822.77.  The  total  cost  of  the 
44  miles  from  Cincinnati  to  the 
Miami  feeder  was'  $457,669.68  or 
$10,408.40,  its  average  cost  per  mile. 
The  original  estimate  of  this  division 
of  the  canal,  including  the  dam  and 
feeder,  was  $474,254.  The  actual 
cost  of  the  same  including  payments 
on  account  of  the  dam  and  feeder, 
was  $469,183.68.  The  estimated 
cost  of  the  upper  division  of  this 
canal  under  the  contracts,  is 
$234,686.54;  the  work  performed, 
agreeably  to  the  certificates  of  the  en- 
gineer, amounts  to  $96,040.41,  leav- 
ing work  to  be  performed  to  the 
amount  of  $138,646.13,  to  this  is  to 
be  added  $3,000,  which  will  be  re- 
quired to  complete  the  dam  across  the 
Miami  river.  Awards  have  been  made 
by  the  board  of  appraisers,  in  favour 
of  individuals  for  damages  sustained 
by  the  construction  of  the  canal  to 
the  amount  of  $5,011.54. 


160] 


ANNUAL  REGISTER— 1827-8-9. 


INDIANA. 


September,  1828. — James  B.  Ray 
was  re-elected  governor.  There  were 
three  candidates  for  the  office,  and 
the  votes  given  in,  stood  as  follows : 


For  James  B.  Ray, 
Israel  T.  Canby, 
Harbin  H.  Moore, 


15,141  votes. 

12,305 

10,904 


The  following  are  the  returns  for 
representatives  to  congress :  First 
district  for  Ratliff  Boon,  7345;  for 
Mr.  Blake,  his  competitor,  7254 ;  sec- 
ond district,  Jonathan  Jennings ;  6932 
for  Mr.  Thompson,  his  competitor, 
2521 ;  third  district,  John  Test,  6415 ; 
for  Mr.  M'Carty,  his  opponent,  49»5. 
Of  course  Messrs.  Boon,  Jennings 
and  Test  were  elected.  THe  first 
district  appears  remarkable  for  the 
closeness  of  its  votee.  In  1823,  the 
majority  was  11 ;  in  1824,  4  ;  and  in 
1826,  it  was  21. 

December. — The  legislature  con- 
vened on  the  1st.  The  parties  were 
nearly  balanced.  Isaac  Howk  was 
elected  speaker  of  the  house  of  repre- 
sentatives, by  a  majority  of  two  votes, 
over  S.  Judah,  Esq.  On  the  3d  inst. 
governor  Ray  communicated  his  mes- 
sage to  the  legislature,  speaking  in 
very  decided  terms,  in  favour  of  what 
is  called  "  the  American  system,"  and 
condemning  the  recent  proceedings 
in  the  south,  in  opposition  to  it.  He 
estimates  the  school  lands  in  the  state 
to  amount  to  more  than  600,000  acres, 
being  a  thirty-sixth  part  of  all  of  the 
lands  in  the  state ;  and  that  public 
land  has  been  obtained  for  the  con- 
struction of  roads  and  canals,  worth 
one  million  two  hundred  and  fifty 
thousand  dollars.  This  land  was 
granted  for  the  construction  of  a  ca- 
nal to  connect  the  navigable  waters  of 
the  Wabash  river,  with  those  of  Lake 
Erie  ;  and  for  the  construction  of  a 
turnpike  road  between  Lake  Michi- 
gan and  Ohio  river.  The  canal  from 
the  Wabash  to  lake  Erie,  he  ob- 
serves, has  been  demonstrated  to  be 
'  practicable  by  skilful  engineers.  The 
expense  is  estimated  at  a  little  above 


one  million  of  dollars,  which  he 
thinks  can  be  realized  in  time,  from 
the  lands  granted  by  the  general  go- 
vernment, and  recommends  that  a 
loan  should  be  obtained  for  its  present 
construction. 

INTERNAL  IMPROVEMENTS. The 

following  resolutions  were  passed  by 
the  senate :  • 

Whereas,  the  friends  of  general 
Jackson  in  the  western  states  advo- 
cate his  election  to  the  presidency  of 
the  United  States,  on  the  ground  of 
his  being  friendly  to  internal  improve- 
ments, and  the  advocate  of  a  judicious 
tariff,  for  the  protection  of  American 
manufactures ;  and  whereas,  the 
friends  of  the  same  distinguished  in- 
dividual in  Virginia,  the  Carolinas, 
Georgia,  Tennessee,  Alabama,  and 
Mississippi,  advocate  his  claims  to 
the  first  office  in  the  nation,  on  ac- 
count of  his  opposition  to  the  above 
measures  or  system  of  policy — there- 
fore, for  the  purpose  of  enabling  the 
citizens  of  Indiana  to  ascertain  what 
are  the  real  sentiments  of  general 
Jackson,  and  to  give  them  an  oppor- 
tunity to  vote  under  standingly,  at 
the  next  presidential  election,  in 
reference  to  these  great  interests : 

Resolved  by  the  senate,  that  his 
excellency  the  governor,  be  requested 
to  address  a  respectful  letter  to  gen- 
eral Andrew  Jackson,  inviting  him  to 
state  explicitly,  whether  he  favours 
that  construction  of  the  constitution 
of  the  United  States,  which  authori- 
zes congress  to  appropriate  money  for 
the  purpose  of  making  internal  im- 
provements in  the  several  states  ;  and 
whether  he  is  in  favour  of  such  a  sys- 
tem of  protective  duties  for  the  bene- 
fit of  American  manufactures,  as  will, 
in  all  cases  where  the  raw  material, 
and  the  ability  to  manufacture  it  exist 
in  our  country,  secure  the  patronage 
of  our  own  manufactures  to  the  exclu- 
sion of  those  of  foreign  countries; 
and  whether,  if  elected  President  of 
the  United  States,  he  will,  in  his  pub- 


INDIANA. 


[161 


lie  capacity,  recommend,  foster,  and 
support  the  American  system. 

Resolved,  That  his  excellency  the 
governor  be  requested,  as  soon  as  he 
receives  the  answer  of  general  Jack- 
son to  the  letter  contemplated  in  the 
preceding  resolution,  to  cause  the 
same  to  be  published,  together  with 
the  resolutions,  in  the  newspapers 
printed  at  Indianapolis. 

To  the  above  resolutions,  general 
Jackson  made  the  following  reply : 

Hermitage,  Feb.  528, 1828. 

Sir :  I  have  had  the  honour  to  re- 
ceive your  excellency's  letter,  of  the 
30th  ultimo,  enclosing  resolutions  of 
the  senate  of  Indiana,  adopted,  as  it 
appears,  with  a  view  of  ascertaining 
my  opinions  on  certain  political  to- 
pics. The  respect  which  I  entertain 
for  the  executive  and  senate  of  your 
state,  excludes  from  my  mind,  the 
idea  that  an  unfriendly  disposition 
dictated  the  interrogatories  which 
are  proposed. — But  I  will  confess  my 
regret  at  being  forced,  by  this  senti- 
ment, to  depart,  in  the  smallest  de- 
gree, from  that  determination  on 
which  I  have  always  acted.  Not  sir, 
that  I  would  wish  to  conceal  my 
opinions  from  the  people  upon  any 
political,  or  national  subjects  ;  but  as 
they  were  in  various  ways  promulgat- 
ed in  1824, 1  am  apprehensive  that 
my  appearance  before  the  public,  at 
this  time,  may  be  attributed,  as  has 
already  been  the  case,  to  improper 
motives. 

With  these  remarks,  I  pray  you, 
sir,  respectfully  to  state  to  the  senate 
of'  Indiana,  that  my  opinions,  at 
present,  are  precisely  what  they  were 
in  1823,  and  '24,  when  they  were 
communicated,  by  letter,  to  doctor 
Coleman,  of  North  Carolina,  and 
when  I  voted  for  the  present  tariff 
and  appropriations  for  internal  im- 
provement. As  that  letter  was  writ- 
ten at  a  time  when  the  divisions  of 
sentiment,  on  its  subject,  were  as 
strongly  marked  as  they  now  are,  in 
relation  to  the  expediency  and  con- 
stitutionality of  the  system,  it  is  en- 
closed herein,  and  I  beg  the  favour  of 
your  excellency,  to  consider  it  a  part 


ofthis  communication.  The  occasion, 
out  of  which  it  arose,  was  embraced 
with  the  hope  of  preventing  any  doubt, 
misconstruction,  or  necessity  for  fur- 
ther inquiry  respecting  my  opinion 
on  the  subjects  to  which  you  refer; 
particularly  in  those  states  which  you 
have  designated  as  cherishing  a  poli- 
cy at  variance  with  your  own.    To 
preserve  our  invaluable  constitution, 
and  be  prepared  to  repel  the  invasions 
of  a  foreign  foe,  by  the  practice  of 
economy,  and  the  cultivation  within 
ourselves,  of  the  means  of  national 
defence  and  independence,  should  be, 
it  seems  to  me,  the  leading  objects  of 
any  system  which  aspires  to  the  name 
of  "American,"  and  of  every  prudent 
administration  of  our  government. 

I  trust,  sir,  that  these  general  views, 
taken  in  connexion  with  the  letter 
enclosed,  and  the  votes  referred  to, 
will  be  received  as  a  sufficient  answer 
to  the  inquiries  suggested  by  the  reso- 
lutions of  the  senate.  I  will  farther 
observe  to  your  excellency,  that  my 
views  of  constitutional  power,  and 
American  policy,  were  imbibed  in  no 
small  degree,  in  the  times,  and  from 
the  sages  of  the  revolution,  and  that 
my  experience  has  not  disposed  me 
to  forget  their  lessons  :  and,  in  con- 
clusion, I  will  repeat  that  my  opinions 
remain  as  they  existed  -in  1823  and 
'4,  uninfluenced  by  the  hope  of  per- 
sonal aggrandizement,  and  that  I  am 
sure,  they  will  never  deprive  me  of 
the  proud  satisfaction  of  having  al- 
ways been  a  sincere  and  consistent 
republican. 

I  have  the  honour  to  be,  very  re- 
spectfully, your  most  obt.  servt. 

ANDREW  JACKSON. 
LAND. — The  following  is  a  table 
showing    the    quantity    of   United 
States'  land  in  the  state  of  Indiana, 
and  the  manner  of  its  appropriation : 

The  whole  number  of  acres  within 
the  limits  of  the  state  of  Indiana,  to 
which  the  Indian  title  has  been  ex- 
tinguished, 17,124,037 

The  whole  number  of  acres  to  which 
the  Indian  title  has  not  been  extin- 
guished, .  5,355,632 


VOL.  III. 


21* 


Disposed  of  as  follows : 
Allowed  to  private  claims.      277,274 


ANNUAL  REGISTER— 1827-8-9. 


Donation  to  the  Canadian 
volunteers,  64,640 

Given  to  the  state  of  Indiana 
and  individuals  prior  to 
1828,  48,640 

Do.  to  do.  by  act  of  March, 
1827,  384,000 

Do.  to  do.  by  act  of  congress, 
for  schools,  being  one 
thirty-sixth  part  of  the 
whole  land  to  which  the 
Indian  title  is  extinguish- 
ed, 475,663 

Sales  made  to  the  30th 
June,  1828,  3,542,320 

Saline  reservations,  23,040 

To  which  the  Indian  title 
has  not  been  extinguished,  5,335,633 

Balance  of  laud  in  Indiana 
remaining  unsold  on  the 
30th  June,  1828,  12,308,455 

22,459,669 

MILITIA. — The  militia  of  this  state 
was,  in  1828, 37,787. 

F«6.,  1829. — REMARKABLE  SNAKE 
HUNT. — The  following  extraordinary 
circumstance  occurred  at  or  near  Hills- 
borough,  in  Fountain  county,  in  the 
state  of  Indiana : 

For  some  years  past,  this  place  has 
been  infested  with  snakes,  so  nume- 


rous that  people  were  not  sate  even  in 
their  beds  at  night.  So  great  was  the 
terror  of  the  citizens,  that  few  dared 
to  venture  out  after  dark,  for  fear  of 
them.  Last  fall,  a  person  living  in 
the  neighbourhood,  discovered  a  cave 
in  the  bank  of  the  creek,  where  it  was 
supposed  they  had  taken  up  their 
abode  for  the  winter.  Upon  the  in- 
formation obtaining  circulation,  the 
citizens  turned  out  en  masse  to  de- 
stroy them.  They  commenced  by 
digging  and  removing  the  earth  and 
rocks,  from  the  mouth  of  the  den,  un- 
til they  came  to  them.  They  lay  in 
coils  in  the  crevices  of  the  rocks. — 
Wooden  hooks  were  thrust  in,  and 
frequently  three  or  four  were  drawn 
out.  The  first  two  days,  they  caught 
one  hundred  and  forty-two— about 
one  hundred  were  rattle  snakes,  and 
the  remainder  the  copper-headed 
snake.  They  were  in  general,  of  the 
largest  size. 


ILLINOIS. 


Janary,  1828. — POPULATION. — The 
editor  of  the  "Pioneer,"  published  at 
Rock  Spring,  Illinois,  estimates  that 
the  annual  increase  of  the  population 
of  that  state,  from  emigration,  has, 
for  the  last  3  or  4  years,  not  been  less 
than  12,000  persons.  It  is  also  stated 
Missouri  is  receiving  a  large  increase 
ofinhabitants. 

September. — Joseph  Duncan  was 
re-elected  representative  to  congress 
by  a  large  majority  over  his  opponent, 
Mr.  Forquer. 

December. — John  M'Lean  has  been 
chosen  a  senator  of  the  United  States, 
for  six  years  from  the  third  day  March 
next,  in  room  of  Jesse  B.  Thomas, 
whose  term  of  service  will  then  ex- 
pire, and  who  has  recently  removed 
from  the  state  of  Illinois  into  the 
state  of  Ohio. 

GALENA  MINES. — The  following 
is  a  statement  of  the  number  of  per- 
mits granted  to  miners ;  the  number 
of  licenses  granted  to  smelters  ;  and 
the  quantity  of  lead  made  at  these 


mines,  between  the  1st  June,  1825, 
and  last  of  February,  1829 — the  num- 
ber of  permits  and  licenses  granted, 
and  quantity  of  lead  made  in  each  par- 
ticular year. 

Permits.       Licenses.       Lbs.  of  Lead. 

1825  151        5         383,930 

1826  434       4        1,560,534 

1827  2,131        4        6,824,389 

1828  1,944       31       12,957,100 

1829  32  789,034 

Total,      4,694  44  22,519,987 

In  the  month  of  March,  of  the  pre- 
sent year  626,236  Ibs.  of  lead  were 
made — making  an  aggregate  amount 
of  23,141,223  Ibs. 

April,  1829. — In  the  lead  mine 
country,  of  which  Galena  is  the  cen- 
tre, there  are  about  12,000  peo- 
ple, chiefly  men,  and  it  is  probable 
that  they  will  make  from  9  to 
10,000,000  Ibs.  of  lead,  in  the  current 
year.  Between  the  25th  of  February, 
and  26th  December,  1828,  there  were 
99  arrivals  of  steam-boats,  and  75  of 
keel-boats,  at  the  port  of  Galena, 
which  even  6  or  7  years  ago,  was  in 


MISSOURI. 


[168 


the  possession  of  the  tierce  Winneba- 
goes. 

January,  1829. — LEGISLATURE. — 
The  message  of  governor  Edwards  is 
very  long.  Much  of  it  is  devoted  to  the 
investigation  of  the  right  of  the  Uni- 
ted States  to  the  public  lands  within 
the  limits  of  the  state  of  Illinois.  The 
sovereignty  of  the  state  is  much  spo- 
ken of;  many  propositions  are  quoted, 
and  much  argument  used;  and  the 
conclusion  arrived  at,  is — that  "  the 
United  States  have  neither  right  of- 
soil  or  jurisdiction  over  the  public 


lands,  but  that  they  all  belong  to. the 
states  in  which  they  lie,"  and  he  says 
that  "  the  surrender  of  them  is  the 
only  means  of  effectually  quieting  the 
public  mind,"  &c.  and  this,  bethinks, 
should  be  insisted  on,  but  with  "  all 
the  moderation  and  forbearance  due 
to  the  most  devoted  attachment  of  the 
union."  He  suggests  a  petition  to 
that  effect,  and  to  solicit  the  co-ope- 
ration of  all  the  states,  having  a  com- 
mon interest  in  the  success  of  tho 
measure. 


MISSOURI. 


POPULATION. — There  were  in  the 
state  in  1828,  as  appeared  from  the 
census  of  the  several  counties,  92,801 
whites,  19,124  slaves,  and  484  free 
persons  of  colour,  in  all  112,409. 

ELECTION. — Mr.  Pettis  was  elect- 
ed representative  to  congress  in  1828, 
by  a  majority  of  about  3000  over  his 
competitor,  Mr.  Bates. 

LEAD  MINES. — In  1823  and  1824, 
the  amount  of  mineral  ore  obtained  at 
the  Red  river  mines  was  about, 
200,000  pounds;  in  1825,  672,000 
pounds ;  1826,  743,000  pounds ;  and 
in  1827,  5,080,000  pounds.  The  lands 
contiguous  to  the  mines  have  already 
greatly  increased  in  value ;  and  there 
has  accrued  to  the  United  States,  for 
leases,  during  the  last  year,  about 
30,000  dollars. 

State  debt  in  1826  $140,000.  In 
1828  $75,000. 

RECEIPTS   AND   IXPESDITURKS. 

Receipts  for  1827,  $49,558 

for  1828,  59,570 


Average  for  two  years, 
Expenditures  for  1827, 
for  1828, 


$109,128 

$27,116 
33,679 


59.564 


$60,795 
Average  expenditure  for  two  years,         $30,397 

Annual  average  balance,  $24,167 

1828. — LE  o  ISL  ATURE  . — Governor 
Miller  sent  his  annual  message  to  the 
legislature  on  the  18th  of  November, 
and  in  which  some  of  the  chief  things 
mentioned  are  the  following : 


The  revenue  of  the  state  had  increased 
from  40  to  44,000  dollars  per  annum, 
from  1821  to  1826,  to  from  55  to  60,000 
dollars  at  present.  The  state  debt 
was  $140,331.48,  exclusive  of  interest, 
on  the  1st  July,  1826 — and  was  then 
estimated  at  only  $75,000,  without  in- 
creased rates  of  taxation.  The  loan 
office  paper  issued  to  the  amount  of 
181,783  dollars,  had  been  reduced  to 
the  sum  of  114,257.  The  state  will 
sustain  a  great  loss  in  this  transac- 
tion, by  the  failure  of  payment  in 
many  to  whom  this  paper  was  issued, 
that  the  lands  granted  by  congress  for 
He  stated  the  support  of  seminaries  of 
learning  had  been  located,  being  72 
sections ;  and  suggested  that  the 
United  States  ought  to  pay  the  cost  of 
making  the  selection,  the  amount  for 
which  has  been  transmitted  for  pay- 
ment. It  appeared  also  that  a  grant  has 
been  made  to  the  state  of  twelve  salt 
springs,  with  six  extra  sections  of  land 
adjoining.  It  was  stated  that  grants 
of  lands  have  been  made  to  nearly  all 
the  western  states,  to  assist  in  the  con- 
struction of  roads  and  canals,  except 
Missouri,  and  that  such  a  grant  should 
be  sought  for.  The  interruption  of 
the  trade  with  the  internal  province  of 
Mexico  by  the  Indians,  was  referred  to; 
saying  that  protection  had  been  asked 
and  not  granted.  The  fur  trade  in 
and  beyond  the  Rocky  Mountains, 
had  also  been  interfered  with  by  the 
British  and  Indians — 10  citizens  had 


164] 


ANNUAL  REGISTER— 1827-8-9. 


been  murdered,  and  great  robberies 
committed ;  it  was  suggested  that  Bri- 
tish traders  should  be  excluded  from 
our  territories.  The  reservations,  by 
the  general  government,  of  lead  mi- 


nerel  lands,  and,  partially,  of  iron  ore 
lands,  were  subjects  of  complaint ;  and 
a  bill  made  graduating  the  price  of 
all  public  lands,  it  was  suggested, 
should  be  asked  of  congress. 


DISTRICT  OF  COLUMBIA. 


JULY,  1828. — INTERNAL  IMPROVE- 
MENT.— The  anniversary  of  the  de- 
claration of  the  independence  of  the 
United  States,  was  a  proud  day  for 
the  district  of  Columbia,  for  the  states 
interested  in  an  open  navigation  from 
the  Chesapeake  to  the  lakes,  and  to 
the  waters  of  the  Mississippi. 

On  that  day,  which,  by  concurrent 
votes  of  the  president  and  directors 
of  the  Chesapeake  and  Ohio  canal 
company,  and  the  corporations  of 
Washington,  Georgetown,  and  Alex- 
andria, had  been  fixed  upon  for  break- 
ing ground  upon  the  canal,  this  inter- 
esting ceremony  took  place. 

Among  the  gentlemen  composing 
the  company  thus  assembled  at  :he 
invitation  of  the  committee  of  ar- 
rangement, were,  the  president  of  the 
United  States,  the  secretaries  of  the 
treasury,  war,  and  navy  departments, 
Mr.  Rush,  general  Porter,  and  Mr. 
Southard ;  the  post  master  general, 
Mr.  M'Lean ;  senators  of  the  United 
States,  Mr.  J.  S.  Johnston,  and  Mr. 
Bouligny— and  Mr.  Washington,  re- 
representative  in  congress;  Mr. 
Vaughan,  the  minister  of  Great  Bri- 
tain to  the  United  States ;  Baron  Kru- 
dener,  the  minister  of  Russia,  and 
Baron  Maltitz,  secretary  of  legation 
from  the  same  power  ;  the  chevalier 
Huygens,  minister  from  the  Nether- 
lands ;  Baron  Stackelberg,  charge 
d'affaires  from  the  king  of  Sweden  ; 
Mr.  Lisboa,  secretary  of  legation  from 
the  emperor  of  Brazil ;  Mr.  Hersant, 
vice-consul  general  of  France — com- 
prising all  the  representatives  of 
foreign  powers  then  in  the  city, 
and  able  to  attend.  Among  other 
invited  guests  were  the  commander  of 
:he  army,  general  Macomb,  and  gen- 
eral Stuart,  and  colonel  Brooke,  sur- 


viving officers  of  the  revolutionary 
army 

On  landing  from  the  boats,  and 
reaching  the  ground,  (one  or  two 
hundred  yards  east  of  the  line  of  the 
present  canal,)  the  procession  moved 
around  it,  so  as  to  leave  a  hollow 
space,  in  the  midst  of  a  mass  of  peo- 
ple, in  the  centre  of  which,  was  the 
spot  marked  out  by  judge  Wright,  the 
engineer  of  the  Chesapeake  and  Ohio 
canal  company,  for  the  commence- 
ment of  the  work. 

Gen.  Mercer,  the  president  of  the 
Chesapeake  and  Ohio  canal  company, 
addressed,  as  follows,  the  listening 
multitude : 

Fellow-citizens — There  are  mo- 
ments in  the  progress  of  time,  which 
are  the  counters  of  whole  ages.  There 
are  events,  the  monuments  of  which, 
surviving  every  other  memorial  of  hu- 
man existence,  eternize  the  nation  to 
whose  history  they  belong,  after  all 
other  vestiges  of  its  glory  have  disap- 
peared from  the  globe.  At  such  a 
moment  have  we  now  arrived.  Such 
a  monument  we  are  now  to  found. 

Turning  towards  the  president  of 
the  United  States,  who  stood  near 
him,  Mr.  M.  proceeded  : 

Mr.  President :  On  a  day  hallowed 
by  the  fondest  recollections,  beneath 
this  cheering  (may  we  not  humbly 
trust,  auspicious)  sky,  surrounded  by 
the  many  thousand  spectators  who 
look  on  us  with  joyous  anticipation ; 
in  the  presence  of  the  representatives 
of  the  most  polished  nations  of  the 
old  and  new  worlds,  on  a  spot,  where, 
little  more  than  a  century  ago,  the 
painted  savage  held  his  nightly  orgies ; 
at  the  request  of  the  three  cities  of 
the  district  of  Columbia,  I  present  to 
the  chief  magistrate  of  the  mostpow- 


DISTRICT  OF  COLUMBIA. 


[165 


etful  republic  on  earth,  for  the  most 
noble  purpose  that  was  ever  conceiv- 
ed by  man,  this  humble  instrument  of 
rural  labour,  a  symbol  of  the  favour- 
ite  occupation  of  our  countrymen. 

May  the  use,  to  which  it  is  about  to 
be  devoted,  prove  the  precursor,  to 
our  beloved  country,  of  improved  ag- 
riculture, of  multiplied  and  diversified 
arts,  of  extended  commerce  and  navi- 
gation. Combining  its  social  and 
moral  influences  with  the  principles 
of  that  happy  constitution,  under 
which  you  have  been  called  to  pre- 
side over  the  American  people  ;  may 
it  become  a  safeguard  of  their  liberty 
and  independence,  and  a  bond  of  per- 
petual union ! 

To  the  ardent  wishes  of  this  vast 
assembly,  I  unite  my  fervent  prayer 
to  that  infinite  and  awful  Being,  with- 
out whose  favour  all  human  power  is 
but  vanity,  that  he  will  crown  your  la- 
bour with  his  blessing,  and  our  work 
with  immortality. 

As  soon  as  he  had  ended,  the  presi- 
dent of  the  United  States,  to  whom 
general  Mercer  had  presented  the 
spade,  stepped  forward,  and  thus  ad- 
dressed the  assembly  of  his  fellow- 
citizens  : 

Friends  and  fellow-citizens — It  is 
nearly  a  full  century  since  Berkeley, 
bishop  of  Cloyne,  turning  towards 
this  fair  land,  which  we  now  inhabit, 
the  eyes  of  a  prophet,  closed  a  few 
lines  of  poetical  inspiration  with  this 
memorable  prediction : 

"  Time's  noblest  empire  is  the  last :" 
A  prediction,  which,  to  those  of  us 
whose  lot  has  been  cast  by  Divine 
Providence  in  these  regions,  contains 
not  only  a  precious  promise,  but  a 
solemn  injunction  of  duty;  since  upon 
our  energies,  and  upon  those  of  our 
posterity,  its  fulfilment  will  depend. 
For,  with  reference  to  what  principle 
could  it  be,  that  Berkeley  proclaimed 
this,  the  last,  to  be  the  noblest  empire 
of  time  ?  It  was,  as  he  himself  de- 
clares, on  the  transplantation  of  learn- 
ing and  the  arts  to  America ; — Of 
learning  and  the  arts !  The  four  first 
acts — the  empires  of  the  old  world, 
and  of  former  ages — the  Assyrian, 


the  Persian,  the  Grecian,  the  Roman 
empires — were  empires  of  conquest ; 
dominions  of  man  over  man.  The 
empire  which  his  great  mind,  piercing 
into  the  darkness  of  futurity,  foretold 
in  America,  was  the  empire  of  learn- 
ing and  the  arts — the  dominion  of 
man  over  himself,  and  over  physical 
nature — acquired  by  the  inspirations 
of  genius,  and  the  toils  of  industry  ; 
not  watered  with  the  tears  of  the  wi- 
dow and  the  orphan ;  not  cemented 
in  the  blood  of  human  victims  ;  found- 
ed, not  in  discord,  but  in  harmony— 
of  which  the  only  spoils  are  the  imper- 
fections of  nature,  and  the  victory 
achieved  is  the  improvement  of  the 
condition  of  all.  Well  may  this  be 
termed  nobler  than  the  empire  of 
conquest,  in  which  man  subdues  only 
his  fellow-man. 

To  the  accomplishment  of  this  pro- 
phecy, the  first  necessary  step  was  the 
acquisition  of  the  right  of  self-govern- 
ment by  the  people  of  the  British 
North  American  colonies,  achieved 
by  the  declaration  of  independence, 
and  its  acknowledgment  by  the  Bri- 
tish nation.  The  second  was  the 
union  of  all  these  colonies  under  one 
general  confederated  government — a 
task  more  arduous  than  that  of  the 
preceding  separation,  but  at  last  ef- 
fected by  the  present  constitution  of 
the  United  States. 

The  third  step,  more  arduous  still, 
than  either,  or  both  the  others,  was 
that,  which  we,  fellow-citizens,  may 
now  congratulate  ourselves,  our  coun- 
try, and  the  world  of  man,  that  it  is 
taken.  It  is  the  adaptation  of  the 
powers,  physical,  moral,  and  intellec- 
tual, of  this  whole  union,  to  the  im- 
provement of  its  own  condition ;  of 
its  moral  and  political  condition,  by 
wise  and  liberal  institutions — by  the 
cultivation  of  the  understanding  and 
the  heart — by  academies,  schools,  and 
learned  institutes — by  the  pursuit  and 
patronage  of  learning  and  the  arts  : 
of  its  physical  condition,  by  associat- 
ed labour  to  improve  the  bounties,  and 
to  supply  the  deficiencies  of  nature ; 
to  stem  the  torrent  in  its  course ;  to 
level  the  mountain  with  the  plain ;  to 


166J 


ANNUAL  REGISTER— 


disarm  and  fetter  the  raging  surge  of 
the  ocean.  Undertakings,  of  which 
the  language  I  now  hold,  is  no  exag- 
gerated description,  have  become  hap- 
pily familiar,  not  only  to  the  concep- 
tions, but  to  the  enterprise,  of  our 
countrymen.  That,  for  the  com- 
mencement of  which  we  are  here  as- 
sembled, is  eminent  among  the  num- 
ber. The  project  contemplates  a 
conquest  over  physical  nature,  such  as 
has  never  yet  been  achieved  by  man. 
The  wonders  of  the  ancient  world, 
the  pyramids  of  Egypt,  the  Colossus 
of  Rhodes,  the  temple  of  Ephesus, 
the  mausoleum  of  Artemisia,  the  wall 
of  China,  sink  into  insignificance  be- 
fore it — insignificance  in  the  mass  and 
momentum  of  human  labour,  required 
for  the  execution — insignificance  in 
the  comparison  of  the  purposes  to  be 
accomplished  by  the  work  when  exe- 
cuted. It  is,  therefore,  a  pleasing 
contemplation  to  those  sanguine  and 
patriotic  spirits,  who  have  so  long  look- 
ed with  hope  to  the  completion  of 
this  undertaking,  that  it  unites  the 
moral  power  and  resources — first,  of 
numerous  individuals — secondly,  of 
the  corporate  cities  of  Washington, 
Georgetown,  and  Alexandria — third- 
ly, of  the  great  and  powerful  states  of 
Pennsylvania,  Virginia,  and  Mary- 
land— and,  lastly,  by  the  subscription 
authorized  at  the  recent  session  of 
congress,  of  the  whole  union. 

Friends  and  fellow-labourers  :  we 
are  informed  by  the  holy  oracles  of 
truth,  that,  at  the  creation  of  man, 
male  and  female,  the  lord  of  the  uni- 
verse, their  Maker,  blessed  them,  and 
said  unto  them,  be  fruitful,  and  multi- 
ply, and  replenish  the  earth,  and  sub- 
due it.  To  subdue  the  earth  was, 
therefore,  one  of  the  first  duties  as- 
signed to  man  at  his  creation;  and 
now,  in  his  fallen  condition,  it  re- 
mains among  the  most  excellent  of 
his  occupations.  To  subdue  the 
earth  is  pre-eminently  the  purpose  of 
the  undertaking,  to  the  accomplish- 
ment of  which  the  first  stroke  of  the 
spade  is  now  to  be  struck.  That  it 
is  to  be  struck  by  this  hand,  I  invite 
you  to  witness — and  in  performing  this 


act,  I  call  upon  you  all  to  join  me 
in  fervent  supplication  to  Him  from 
whom  that  primitive  injunction  came, 
that  he  would  follow  with  his  blessing 
this  joint  effort  of  our  great  commu- 
nity, to  perform  his  will  in  the  subju- 
gation of  the  earth  for  the  improve- 
ment of  the  condition  of  man.  That 
he  would  make  it  one  of  his  chosen 
instruments  for  the  preservation, 
prosperity,  and  perpetuity  of  our 
union.  That  he  would  have  in  his 
holy  keeping  all  the  workmen  by 
whose  labours  it  is  to  be  completed. 
That  their  lives  and  their  health  may 
be  precious  in  his  sight ;  and  that  they 
may  live  to  see  the  work  of  their 
hands  contribute  to  the  comforts  and 
enjoyments  of  millions  of  their  coun- 
trymen. 

Friends  and  brethren:  permit  me 
further  to  say,  that  I  deem  the  duty, 
now  performed  at  the  request  of  the 
president  and  directors  of  the  Chesa- 
peake and  Ohio  canal  company,  and 
of  the  corporations  of  the  district  of 
Columbia,  one  of  the  most  fortunate 
incidents  of  my  life.  Though  not 
among  the  functions  of  my  official 
station,  I  esteem  it  as  a  privilege  con- 
ferred upon  me  by  my  fellow-citizens 
of  the  district.  Called,  in  the  per- 
formance of  my  service  heretofore  as 
one  of  the  representatives  of  my  na- 
tive commonwealth  in  the  senate,  and 
now  as  a  member  of  the  executive  de- 
partment of  the  government,  my 
abode  has  been  among  the  inhabitants 
of  the  district  longer  than  at  any  other 
spot  upon  earth.  In  availing  myself 
of  this  occasion  to  return  to  them  my 
thanks  for  the  numberless  acts  of 
kindness  that  I  have  experienced  at 
their  hands,  may  I  be  allowed  to  as- 
sign it  as  a  motive  operating  upon  the 
heart,  and  superadded  to  my  official 
obligations,  for  taking  a  deep  interest 
in  their  welfare  and  prosperity. 
Among  the  prospects  of  futurity,  which 
we  may  indulge  the  rational  hope  of 
seeing  realized  by  this  junction  of 
distant  waters,  that  of  the  auspicious 
influence  which  it  will  exercise  over 
the  fortunes  of  every  portion  of  the 
district,  is  one  upon  which  my  mind 


DISTRICT  OF  COLUMBIA. 


[167 


Dwells  with  unqualified  pleasure.  It 
is  my  earnest  prayer  that  they  may 
not  be  disappointed.' 

It  was  observed,  that  the  first  step 
towards  the  accomplishment  of  the 
glorious  destinies  of  our  country  was 
the   Declaration    of    Independence. 
That  the  second  was  the   union  of 
these  states  under  our  federative  go- 
vernment.   The  third  is  irrevocabxy 
fixed,  by  the  act  upon  the  commence- 
ment of  which  we  are  now  engaged. 
What  time  more  suitable  for  this  ope- 
ration could  have  been  selected,  than 
the  anniversary  of  our  great  national 
festival?     What  place  more   appro- 
priate from  whence  to  proceed,  than 
that  which  bears  the  name  of  the  Citi- 
zen Warrior  who  led  our  armies  in 
that  eventful  contest  to  the  field,  and 
who  first  presided  as  the  chief  magis- 
trate of  our  union  ?     You  know  that, 
of  this  very  undertaking,  he  was  one 
of  the  first  projectors ;  and  if,  in  the 
world  of  spirits,  the  affections  of  our 
mortal  existence   still    retain    their 
sway,  may  we  not,  without  presump- 
tion, imagine  that  he  looks  down  with 
complacency  and  delight  upon   the 
scene  before  and  around  us  1 

But,  while  indulging  a  sentiment  of 
joyous  exultation,  at  the  benefits  to 
be  derived  from  this  labour  of  our 
friends  and  neighbours,  let  us  not  for- 
get that  the  spirit  of  internal  improve- 
ment is    catholic    and  liberal.     We 
hope  and  believe,  that  its  practical  ad- 
vantages will  be  extended  to  every 
individual  in  our  union.    In  praying 
for  the  blessing  of  heaven  upon  our 
task,  we  ask  it  with  equal  zeal  and 
sincerity  upon  every  other  similar 
work  in  this  confederation  ;  and  par- 
ticularly  upon  that  which,  on  this 
same  day,  and  perhaps  at  this  very 
hour,  is  commencing  from  a  neigh- 
bouring city.    It  is  one  of  the  happi- 
est characteristics  in  the  principle  of 
internal  improvement,  that  the  suc- 
cess of  one  great  enterprise,  instead 
of  counteracting,  gives  assistance  to 
the  execution  of  another.     May  they 
increase  and  multiply,  till,  in  the  sub- 
lime language  of  inspiration,  every 
vallev  shall  be  exalted,  and  every 


mountain  and  hill  shall  be  made  low ; 
the  crooked  straight;  the  rough  places 
plain.  Thus  shall  the  prediction  of 
the  bishop  of  Cloyne  be  converted 
from  prophecy  into  history,  and,  in  the 
virtues  and  fortunes  of  our  posterity, 
the  last  shall  prove  the  noblest  em- 
pire of  time. 

As  the  president  concluded,  a  na- 
tional salute  was  fired  by  a  detach, 
ment  of  United  States  artillery  posted 
upon  the  ground.  As  soon  as  the 
cheering  which  followed  the  close  of 
the  president's  speech  had  subsided, 
the  chairman  of  the  committee  of  ar- 
rangements delivered  the  following 
brief  address : 

"  In  the  name  of  the  committee  of 
arrangements  ef  the  corporations  of 
the  district,  I  tender  to  the  president 
and  directors  of  the  canal  company, 
and  to  this  crowd  of  gratified  specta- 
tors, our  congratulations  on  the  happy 
commencemeut  of  this  great  work. 

"  To  the  president  of  the  company, 
we  and  the  country  are  indebted  for 
his  early,  persevering,  and  successful 
efforts  in  the  great  cause,  the  triumph 
of  which  we  have  this  day  assembled 
to  honour ;  and  we  cordially  respond 
to  those  emotions  which  the  occasion 
is  so  well  calculated  to  inspire  in  his 
breast. 

"  To  the  president  of  the  United 
States  we  are  under  obligations  for 
the  kindness  and  cheerfulness  with 
which  he  accepted  our  invitation  to 
practically  begin  the  labour,  which 
is  to  unite,  by  closer  ties  of  amity  and 
interest,  the  inhabitants  of  the  bor- 
ders of  the  Atlantic,  of  the  margins  of 
the  Lakes,  and  of  the  rapidly  peo- 
pling forests  and  prairies  of  the  inte- 
rior. In  the  name  of  our  corpora- 
tions, we  return  our  acknowledgments 
to  him  for  the  countenance  and  aid 
which  this  undertaking  has  constantly 
received  from  him. 

"  To  the  director  from  the  state  of 
Pennsylvania,  who  may  be  consider- 
ed, in  his  present  relation  to  us,  the 
representative  not  merely  of  hia  own 
otate,  but  of  the  whole  west,  we  offer 
sur  cordial  felicitation  on  the  pros- 
pect of  the  early  completion  of  tho 


168J 


ANNUAL  REGISTER— 1827-8-9. 


work  which  has  just  now  been  sym- 
bolically begun,  and  of  which  he  too 
has  been  the  zealous  and  efficient  ad- 
vocate. 

"  To  the  almost  unanimous  support 
of  the  senators  and  representatives  of 
the  western  states,  united  to  that  af- 
forded by  valuable  friends  from  other 
states,  we,  of  the  Atlantic  shore, 
greatly  owe  the  aid  which  congress 
has  liberally  granted  to  this  under- 
taking. It  is  our  earnest  hope,  that, 
in  the  advantages  to  be  derived  from 
the  opening  of  this  great  channel  of 
commerce — from  the  construction  of 
this  great  central  chain  of  union — the 
states  of  the  west  will  find  their  most 
sanguine  calculations  surpassed  by 
the  reality,  and  that,  in  the  result, 
the  whole  sisterhood  of  states  will  be 
made  sensible  of  the  benign  influence 
of  liberal  legislation." 

When  the  chairman  had  conclu- 
ded— 

Mr.  Stewart,  (the  director  referred 
to  above)  after  returning  his  thanks 
to  the  committee  from  the  three  cor- 
porations of  the  district,  for  the  flat- 
tering terms  in  which  they  had  no- 
ticed him  in  the  address  delivered  by 
their  chairman,  begged  to  avail  him- 
self of  this  occasion,  to  tender  also 
his  grateful  acknowledgments  to  the 
stockholders  now  present,  for  the  dis- 
tinguished and  unexpected  honour 
they  had  conferred  on  him,  by  calling 
him  from  a  distant  residence,  to  a  seat 
at  the  board  of  directors.  He  had, 
however,  to  regret  that,  owing  to  his 
very  limited  experience,  he  could 
bring  to  the  board  little  more  than  his 
hearty  good  will,  and  an  ardent  de- 
sire to  do  every  thing  in  his  power  to 
give  energy  to  the  prosecution  of  this 
great  work  to  a  speedy  and  success- 
ful termination — a  work  pre-eminent- 
ly national  in  all  its  aspects,  com- 
menced, as  had  been  well  remarked 
by  the  president  of  the  company,  un- 
der the  most  cheering  auspices,  by 
the  hands  of  the  chief  magistrate  of 
the  greatest  republic  on  earth,  and  in 
the  presence  of  the  official  represen- 
tatives of  several  of  the  most  refined 
and  powerful  nations  of  Europe. 


Designated  by  you,  gentlemen, 
(said  Mr.  S.)  as  the  representative  of 
the  western  states,  on  this  occasion 
I  may  venture  to  tender  you  their 
thanks  for  the  'just  tribute  you  have 
paid  to  the  liberal  and  magnanimous 
spirit  by  which  they  have  been  go- 
verned. I  need  not  say  that  the  peo- 
ple of  the  west  take  a  deep  and  lively 
interest  in  the  success  of  this  great 
enterprise.  They  have  spoken  their 
sentiments  by  much  higher  authority, 
by  their  immediate  representatives  in 
congress :  for,  in  eight  of  the  nine 
western  states  there  was  but  one  vote 
against  the  liberal  appropriation 
granted  at  the  last  session  to  this  ob- 
ject, and  to  which  we  are  so  greatly 
indebted  for  the  gratification  we  all 
experience  on  this  glorious  and  joyful 
occasion. 

Looking,  as  we  do,  in  the  west, 
with  intense  interest  to  the  accom- 
plishment of  this  great  object,  it  would 
be  unjust,  on  this  occasion,  to  with- 
hold the  expression  of  our  obligations 
to  our  brethren  of  the  east,  for  their 
liberal  support;  for,  in  eight  of  the 
eastern  states,  likewise,  there  were 
but  eight  votes  in  the  house  against 
this  appropriation.  Our  obligations, 
however,  are  confined  to  no  section ; 
they  belong  to  the  whole  union.  Just- 
ly regarding  this  as  an  object  eminent- 
ly national,  the  representatives  from 
all  portions  of  our  country,  influenced 
by  a  liberal  and  enlightened  policy, 
extended  to  it  a  generous  support. 
This  liberality,  however,  was  not  con- 
fined to  this  object  alone,  but  extend- 
ed largely  and  freely  to  others — to 
Tennessee,  to  Ohio,  to  Pennsylvania. 

You  have  very  justly,  gentlemen, 
described  this  as  "  a  great  central 
chain  of  union  between  the  Atlantic 
and  western  states."  I  am  happy, 
however,  in  the  conviction,  that  there 
are  other,  and  stronger  ties  which 
bind  us  together — ties  of  a  higher 
and  nobler  origin — ties  "  not  made 
with  hands,"  but  found  in  the  hearts, 
in  the  affectionate  attachment,  in  the 
patriotic  devotion  of  the  people  to  the 
government  and  union  of  the  states. 
These  are  the  bonds  of  union,  after 


DISTRICT  OF  COLUMBIA. 


[169 


all,  to  which  we  must  look,  and  on 
which  we  must  rely ;  these  are  the 
bonds  which  we  are  called  on,  by 
every  patriotic  feeling,  to  cherish,  to 
strengthen,  and  increase.  Every  at- 
tempt, no  matter  from  what  quarter  it 
may  come,  to  dissolve  these  bonds, 
to  weaken  these  ties,  which  bind  the 
people  to  the  union,  to  the  constitu- 
tion, and  laws  of  their  country,  should, 
as  it  must,  meet  the  indignant  repro- 
bation of  every  true  patriot. 

But  I  will  dismiss  this  reflection  as 
inappropriate  to  the  occasion,  as  an 
event  beyond  the  reach  of  anticipa- 
tion, to  which  we  should  never  look 
but  to  avoid  it. 

I  present  you,  gentlemen,  and  all 
present,  the  congratulations  of  the 
west  on  this  occasion ;  and  permit  me 
to  express  the  hope  that  we  will  be 
able  to  complete  the  work,  now  so 
happily  begun,  as  far  as  Cumberland, 
in  three  years  from  this  day ;  and,  by 


a  union  and  co-operation  with  our 
friends  at  Baltimore,  when  the  two 
works  become  united  on  the  Potomac 
river,  with  a  common  object  and  a 
common  interest,  may  we  not  indulge 
the  hope,  that  the  day  is  not  distant, 
when  we  shall  again  assemble,  at  the 
summit  level,  to  celebrate  an  event 
still  more  glorious  than  this — the 
mingling  of  the  waters  of  the  Chela- 
peake  and  Ohio  ;  when  we  may  truly 
exclaim,  without  the  spirit  of  pro- 
phecy, 

"Art's  noblest  triumph  is  the  last." 
These  addresses  being  concluded, 
the  spade  was  taken,  and   sods  of 
earth  were  dug  in  succession,  by  a 
great  number  of  persons. 

After  a  few  moments  of  repose,  the 
procession  again  formed,  and  return- 
ed to  the  boats,  and,  by  the  way  of 
the  canal,  back  to  the  tide-water, 
where  they  re-embarked  on  board  the 
steamboats. 


END    OF  PART    I. 


Vol.  HI. 


22* 


ERRATA. 


Page. 

Line. 

Lc 

16 

21 

1 

2'3 

1 

o 

73 

23 

T 

160 

39 

2 

Itf 

31 

2 

179 

3 

1 

185 

22 

1 

100 

20 

1 

227 

23 

g 

231 

20 

2 

232 

37 

9 

236 

6 

2 

239 

15 

1 

240 

11 

• 

241 

17 

o 

257 

29 

5 

259 

8 

i 

267 

16 

i 

269 

8 

i 

11 

i 

276 

33 

i 

17 

2 

280 

38 

1 

281 

2 

1 

282 

36 

1 

284 

14 

n 

285 

11 

2 

291 

39 

1 

294 

3 

1 

297 

5 

2 

298 

21 

2 

299 

28 

1 

304 

10 

1 

300 

37 

1 

20 

2 

307 

1 

2 

308 

13 

2 

36 

311 

32 

1 

314 

2 

1 

318 

24 

1 

320 

1 

11 

16 

381 

9 

1 

322 

34 

2 

333 

37 

1 

40 

1 

324 

20 

1 

333 

16 

3 

340 

6 

343 

2 

1 

348 

12 

l 

349 

4 

i 

351 

35 

1 

after  accustomed,  insert  to  re- 
ceive 

for  was,  read  were 

before  all  insert  at 

for  Sir  Henry  Paraole,  read 
Sir  Henry  Parnell 

for  revocation  read  promulga- 
tion 

for  1525,  read,  1825 

for  one  hundred  and  fifty,  read 
four  hundred  and  fifty 

for  1826,  read  1827 

for  tAe,  read  this 

dele  several 

dele  and  before  the 

for  two,  read /our 

for  toerc,  read  was 

Aelefirst 

for  grant,  read  jgrent 

for  operation,  read  operations 

for  ministry,  read  ministries 

for  man,  read  men 

dele  to 

for  Chamos,  read  Chemos 

I'QI  its,  read  Ais 

for  Friesland,  read  Friedland 

for  Sou'ccndorf,  read  Bcnken- 
dorf 

for  Djanghih,  read  Djanghili 

for  Paukratieff,  read  Pannrati- 

for  and,  read  o/ 

for  Messelrodc,  read  NesScl- 
rode 

for  governments,  read  govern- 
ment 

for  JVizan,  read  Nizam 

for  dragoons,  read  dragomen 

for  fieis  Effendi,  read  Grand 
Vizier 

the  same 

the  same 

after  trampling,  insert  upon 

for  Sad,  read  Aas 

for  1806,  read  1816 

after  terms,  insert  of  the  treaty 

for  arc,  read  mere 

for  interrupt,  read  intercept 

for  Prussia,  read  Russia 

after  Farna,  dele  and 

for  tAcy,  read  tAe  Turks 

before  heights,  insert  tAe 

for  Wreda,  read  Wrede 

for  Hare,  read  F/ore 

after  flotilla,  a  comma  instead 
of  a  period 

for  Capudin,  read  Capudon 

pages  326,  328,  330,  352,  357, 
394,  the  same 

for  Grasinia,  read  Grusinia 

dele  Am 

for  Kalch,  read  jifakA 

for  St.  Petersburgh,  read  Odes- 
sa 

dele  o/,  at  the  beginning  of  line 

for  denied,  read  desired 

after  A»m.  insert  and  nfter 


Page. 
351 

Line. 
40 

Col. 
1  i 

354 

17 

1 

27 

2 

356 

28 

2 

359 

3 

2 

361 

22 

1 

365 

30 

1 

366 

13 

1 

19 

23 

2  1 

367 

18 

2 

368 

32 

1 

369 

39 

1 

17 

373 

18 

2 

374 

10 

2 

376 

30 

1 

377 

34 

1 

3 

2  1 

379 

10 

1 

381  6&29 

2  .i 

7 

1 

382 

10 

1 

I 

2  1 

10 

384 

21 

1 

384 

39 

2 

386 

26 

1  < 

40 

387 

11 

2 

31 

1 

389 

34 

2  1 

390 

18 

1  1 

391 

40 

2  1 

392 

20 

1 

393 

9 

t 

394 

14 

1  : 

396 

20 

1  i 

397 

5 

1  1 

399 

40 

1 

400 

7 

1  1 

10 

2  1 

414 

20 

2 

416 

1 

1 

18 

2  : 

433 

18 

2  1 

477 

36 

2 

537 

15 

1  1 

60 

54 

2  i 

80 

17 

2  1 

37 

i 

90 

21 

2  i 

93 

26 

1  i 

96 

22 

1  i 

103 

7 

2  1 

105 

0 

1  i 

for  Osmenlic,  read  Osmauit? 

for  Traconick,  read  Trawnick 

for  mere,  read  names 

for  Corou,  read  Coron 

dele  tAe 

for  consent,  read  concert 

for  Gennau,  read  German 

dele  tAe 

for  16,000,  read  1,600 

for  teas,  read  joere 

for   Shaoshat,  read  Shavshat 

for  Saganlon,  read  Saganlou. 

same 

for  mark,  read  mas/c 

for  «Ae,  read  sixteen 

for  L,azittan,  read  Laiistan 

for  Ryndiu,  read  Ryndin 

for  largest,  read  longest 

for  continued,  read  advanced 

for    Jfewkoutcha,   read    Jlfar* 

kovtcha 

for  Tolsloy,  read  Tolstoy 
for  Gesrilenkoff,  read  Gavri- 

lenkoff    ' 
for  Grilenkoff,  read  Gavrilcn- 

koff 

for  were,  read  zoos 
for  Tolsloy,  read  Tolstoy 
for  Sirojf,  read  Jiroff 
pages  386,  387,  391,  the  same 
for  on,  read  z'n 

for  Jujiakioi,  read  Injiakiof 
for  o/,  read  /or 
for  o/,  read  i« 

for  Jujiakioi,  read  fniiakioi 
for  Kassaulyk,    read    Katan- 

lyk 

for  Kasaw,  read  Kasan 
for  modes,  read  roads 
for  Foiiton,  read  Fonton 
for  five,  read  jSne 
at  beginning  of  line,  insert  on^ 
for  count,  read  counts 
for  Kulan,  read  Kuban 
for  oets,  read  act 
for  sanatary,  read  sanitary 
for  /rom,  read  /or 
for  squadrons,  read  squadron 
for  /f/t,  read  iost 
for  Guillaminott,  read  Guillc- 

minott 

for  Sanataire,  read  Sanitaire 
for  gree,  read  degree 
for  provisionary,   read  provi- 
sional 
for   relinquished,  read  repul- 

lished 
Insert  4t A,  Resistance   to  suck 

order 

for  o/,  read  or 
for  commissioners,  read   cowt- 

missions 
for  «/,  read  Ay 
for  to,  read  o/ 
for  or,  read  diet  on 
nt'ter  //'t/c,  insert  accnttM 


O 


BINDING  SECT.  TEB  25 198S 


D 

2 

A5 

1827/29 

pt.l 


The  American  annual  register 


UNIVERSITY  OF  TORONTO  LIBRARY